Contents

  1. Our Agreement with You
  2. General Conditions
  3. E-Commerce
  4. Accuracy, Completeness, and Timeliness of Information
  5. Modifications to the Service and Prices
  6. Our Products and Services
  7. Accuracy of Billing and Account Information
  8. Third-Party Tools, Links, and Websites
  9. User Comments, Feedback, and Other Submissions
  10. Errors, Inaccuracies, and Omissions
  11. Additional Prohibited Uses
  12. Disclaimer of Warranties, Limitation of Liability, and Indemnification
  13. General Provisions Applying to This Agreement and Any Dispute
  14. Mobile Terms Of Service
  15. Use of Ambassador Content by Giovanella Jewellery
  16. Contact/Questions
  17. Our Agreement with You The terms “we,” “us,” and “our” refer to ES Giovanella Ltd, the company that operates this website. “You” refers to the user of the website. Our “Service” includes all products, services, tools, features, and content we may offer here. We use “website,” “site,” or “here” interchangeably to refer to this website. By accessing or using any part of our website and/or buying products from us, you accept and agree to all terms, conditions, policies, and notices stated in these Terms of Service, including any additional terms we reference or hyperlink here. We will therefore refer to these Terms of Service as the “agreement” between you and us. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the site or any of the services provided on it. This agreement applies to all users of our website, including browsers, vendors, customers, merchants, and/or content contributors.

This agreement will apply to any new features or tools we add to the website. From time to time we may update, change, or replace any part of this agreement. It is your responsibility to check this page periodically for changes, and you agree that we do not need to provide any other notice of such changes. You agree that by continuing to use or access our website after we post any changes, you accept those changes. You can review the most current version of the agreement at any time on this page. By agreeing to these Terms of Service, you represent that you are at least the age of majority in the UK, province, or other applicable jurisdiction where you reside, and you consent to allow any of your minor dependents to use this site.

  1. General Conditions We reserve the right to refuse use of our website or the sale of our products to anyone for any reason at any time. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us. If in our sole judgment you fail to comply with any term or provision of this agreement, we may immediately terminate this agreement and any further Service at any time without notice and/or deny you access to our Service (in whole or in part). You will remain responsible for any payments due to us up to and including the date of termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. You agree to receive emails and other electronic communications from us, and that all agreements or other communications we provide to you electronically satisfy any legal requirement that such agreements or communications be in writing. You acknowledge that no method of transmission or storage using the Internet is 100% secure and reliable, and that we therefore cannot guarantee absolute security of any electronic system. All original content we provide on this website, including text, images, photos, and graphics, is our exclusive property protected by UK. and international copyright law. In addition, our website uses our trademarks, including the marks Giovanella Jewellery, Giovanella Jewellery, and others, some of which are registered with the UK Trademark Office. Other trademarks used are the trademarks of the respective owners. You agree not to use any of our trademarks in a manner likely to cause confusion, mistake, or deception of customers or potential customers as to possible approval, license, or other connection between Giovanella Jewellery and you or any other entity.

  1. E-Commerce NTW Specialist Ltd. is a third party company that hosts this website for us. They provide us with the online e-commerce platform that allows us to sell our products to you. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Title and risk of loss for any items you buy through our site passes to you on delivery to the carrier. We do not take the title of returned items until we receive them. For residents of the UK that require us to collect and remit sales tax, we will charge sales tax at checkout. Sales use tax is a sales tax on purchases made outside one’s country of residence for taxable items that will be used, stored or consumed in one’s country of residence and on which no tax was collected in the country of purchase. If the purchase would have been taxed if it was made in the purchaser’s place of residence, then use tax is due.
  2. Accuracy, Completeness, and Timeliness of Information We are not responsible if any information on this site is not accurate, complete, or current. We provide the material on this site for general information only, and you should not rely on such information as the basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

  1. Modifications to the Service and Prices Our prices are subject to change without notice, and we reserve the right at any time to modify or discontinue the Service (or any part of it) without notice at any time. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
  2. Our Products and Services Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. All descriptions of products are subject to change at any time without notice, at our sole discretion.

We try to display as accurately as possible the colors and images of our products. We cannot guarantee that your screen’s display of any color will be accurate.

We may limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We may limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you at the e-mail address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Our Return Policy applies to any products you buy through our website.

  1. Accuracy of Billing and Account Information You may need to set up your own account to use certain services on our site. You are responsible for keeping your account password confidential and restricting access to your account. You accept responsibility for any use of your account, including any purchases made through the account. You agree to take reasonable steps to protect the confidentiality and security of your account, including protecting any log-in information and password.

You agree to provide current, complete, and accurate purchase and account information for all purchases you make from us. 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.

  1. Third-Party Tools, Links, and Websites We do not monitor, control, or provide input to any third-party tools we provide on our site. We provide access to such tools for your optional convenience “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such tools.

Your use of third-party tools offered through our site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may offer new services and/or features through the website in the future, including the release of new tools or resources. Such new services and/or features shall be subject to this agreement.

Certain content, products, and services available via our Service may include materials from third parties, and certain links on this site may direct you to third-party websites that are not affiliated with us. We do not control, and are not responsible for, any third-party content, products, services, or websites. We do not warrant and will not have any liability or responsibility for any third-party content products, services, or websites. You should review the terms of service and privacy policies of any third-party websites. We assume no responsibility for their content, privacy policies, or security measures.  

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully each third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

  1. User Reviews, Comments, and Other Submissions You may, with or without our request, post on our site or submit to us reviews, comments, photos, or other content (collectively, “comments”). We may at any time, without restriction, edit, copy, publish, distribute, translate, and/or otherwise use any comments in any medium. We have no obligation to keep your comments confidential, to pay compensation for any comments, to provide attribution regarding any comments, and/or to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove any comments for any reason in our sole discretion, including comments we consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, infringing on any person’s intellectual property rights, in violation of this agreement, or otherwise objectionable.

You agree that your comments will not violate any legal right of any third party, including any copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain material that is libelous, unlawful, abusive, or obscene, or that contains any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

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

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  1. Additional Prohibited Uses

You may not use this site or its content: (a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial, or UK regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit “worms” or 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 Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) engage in any fraudulent or harassing practice through the Internet, such as to “spam,” “phish,” “pharm,” “pretext,” “spider,” “crawl,” or “scrape”;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  1. Disclaimer of Warranties, Limitation of Liability, and Indemnification

We do not warrant, represent, or guarantee that: (a) the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations;

(b) errors in the Service will be corrected;

(c) product descriptions are accurate, complete, current, or free of errors;

(d) your use of our service will be uninterrupted, timely, secure, or error-free; and/or

(e) the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

OUR WEBSITE, THE SERVICE, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE OR THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND/OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.

GIOVANELLA JEWELLERY AND ITS AFFILIATES WILL NOT 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 THE WEBSITE OR THE SERVICE, OR FROM ANY PRODUCT OR CONTENT YOU OBTAIN OR VIEW THROUGH THE WEBSITE OR THE SERVICE.

In any place or jurisdiction that does not allow the exclusion or limitation of implied warranties or liability provided in this section, the limitations in this section will apply to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Giovanella Jewellery and its affiliates from any claim or demand, including reasonable attorneys’ fees and other costs of defense, made by any third party arising out of your use of the website or the Service or your failure to comply with this agreement.

Our “affiliates” as used in this agreement includes, as applicable our members, managers, officers, directors, shareholders, and other principals, beneficiaries, employees, agents, attorneys, predecessors, parents, subsidiaries, successors, and assigns.

  1. General Provisions Applying to This Agreement and Any Dispute 
  2. This agreement contains the complete agreement between you and us regarding your use of our website, the Service, your purchase(s), and any other matter addressed in this agreement, and it supersedes any prior agreements, written or oral, regarding the subject matters it covers.

This agreement cannot be changed or waived by oral agreement; it can only be changed or waived in writing with our signature. Any waiver of this agreement in one circumstance will not apply to any other circumstance. Our refraining from exercising a right under this agreement will not be considered a waiver.

You agree that any rule requiring an agreement to be interpreted against the person who drafted the agreement will not apply to this agreement.

The construction and enforcement of this Agreement will be governed by Texas law (without regard to Texas choice of law rules), and the UK or federal courts (as applicable) in Harris County, Texas will have jurisdiction over any suit arising from or relating to your use of our website, your purchase(s), and/or this Agreement.

If a court finds any part of this agreement invalid or unenforceable, that part will be considered severable and will be reformed to the minimal extent necessary to make it enforceable.

This agreement will be construed to bind and benefit the parties, their successors, assigns, heirs, and legal representatives.

  1. Mobile Terms Of Service

The Giovanella Jewellery mobile message service (the “Service”) is operated by Giovanella Jewellery (“Giovanella Jewellery”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Giovanella Jewellery’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Giovanella Jewellery through your wireless provider to the mobile number you provided, even if your mobile number is registered on any UK or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Giovanella Jewellery. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Reply the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Giovanella Jewellery mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to email hello@giovanellajewellery.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

  1. Use of Ambassador Content by Giovanella Jewellery

You grant Giovanella Jewellery the absolute and irrevocable right and unrestricted permission to use, re-use and display, distribute, transmit, publish, re-publish, copy, or otherwise exploit, either in whole or in part, digitally, ads, in print, or in any other medium now or hereafter known, for any purpose whatsoever and without restriction, any content including photographs or videos shared to your public profile or sent by you to Giovanella Jewellery in which you have mentioned or referenced Giovanella Jewellery (including by express reference to our brand or in which you are displaying Giovanella Jewellery brand items).

  1. Contact/Questions If you have questions about this agreement, please email us at hello@giovanellajewellery.com.