Terms of service

OVERVIEW

Welcome to GiuAl! The terms "we," "us," and "our" refer to GiuAl. GiuAl operates this store and website, including the information, content, features, tools, products, and services, to provide you, the customer, with a proper shopping experience (the "Services"). GiuAl is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies contained therein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence, and that you have given us your consent to allow any minors linked to you to use the Services on devices owned, purchased, or managed by you.

To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may be required to provide certain information such as your email address, billing, payment, and shipping data. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you hold all necessary rights to provide such information.

Activity on your account and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign, or license your account to others.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate presentation of our products and services in our online stores. However, the display of colors and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.

We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.

All product descriptions are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit, from time to time, the quantities of products offered to any person, geographic area, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. GiuAl reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until GiuAl confirms its acceptance. Before accepting an order, we must receive and process the payment. Please check your order carefully before submitting it, as GiuAl may not be able to accommodate requests to cancel an order after acceptance. In case of rejection, modification, or cancellation of an order, we will notify you by contacting you via the email, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that you are making purchases for personal or family use and not for resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time the order is submitted and can be viewed in the order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling, and import costs.

Prices published in our online stores may differ from prices offered in physical stores, other online stores, or third-party operated stores. From time to time, we may offer promotions on the Services that affect pricing and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account data. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use such credit card for purchases, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling fees and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events beyond our control. Once the products are transferred to the carrier, ownership and the risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by GiuAl, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You shall not reproduce, distribute, modify, create copies of, publicly display, publicly perform, republish, download, store, or transmit material related to the Services without our written consent. Except as expressly stated, these Terms do not contain anything that grants or could be interpreted as granting a license or other rights to you regarding patents, trademarks, copyrights, or other intellectual property of GiuAl, Shopify, or any third party. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by GiuAl.

GiuAl’s names, logos, product and service names, designs, and slogans are trademarks of GiuAl or its affiliates or licensors. You must not use such trademarks without the written permission of GiuAl. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services which we do not monitor, control, or input.

You understand and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of the optional tools offered through the site is at your own risk and discretion, and you must ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). It is not our responsibility to examine or evaluate the content or accuracy of third-party materials or websites you choose to access. Should you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

GiuAl is powered by Shopify, which enables us to provide the Services to you. However, the sales and purchases you make in our Store are directly with GiuAl. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and GiuAl, including any injuries, damages, or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to the purchases and transactions you make with GiuAl.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the aforementioned privacy policies.

As it supports the Services, Shopify collects and processes personal data related to your access to and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries other than yours. Please consult our privacy policy [LINK] for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 - FEEDBACK

When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (generally "Feedback"), you grant us a perpetual, global, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any medium for any purpose, including commercial purposes. For example, we might exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, to perform obligations, and to exercise our rights as outlined in the Terms of Service.

Furthermore, you confirm and agree that: (i) you own the necessary rights for all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be under any obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; (3) to respond to any Feedback.

While we are not obligated, we may monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You confirm that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further confirm that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information in or related to the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) violating any local, provincial, state, federal, or international rules, regulations, laws, or ordinances; (c) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against our employees or anyone else; (e) submitting false or misleading information; (f) sending, receiving, uploading, downloading, using, or re-using material that does not comply with these Terms; (g) transmitting or inducing the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) impersonating or attempting to impersonate another person or entity; (i) engaging in any other conduct that restricts or inhibits anyone's use or access to the Services, or which we determine may harm GiuAl, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any portion of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or discontinue your access to the Services (or any part thereof) at any time at our discretion and without notice; you will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clause which, by its nature, lasts beyond termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY GiuAl, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL GiuAl, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GiuAl, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to provide prompt notice does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-economic obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any non-indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of Shopify to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You must not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notifying you or obtaining your consent.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of changes to any material portion of these Terms in accordance with applicable laws, and such changes will be effective as of the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at giualbrand@gmail.com.

Our contact details are: GiuAl Viale Bartolomeo Cavaceppi, Rome (RM)

VAT ID (P.IVA): 18369821006

Email: giualbrand@gmail.com