EFFECTIVE DATE: January 5th 2023
GIOVVANI LLC, (“We” or “Giovvani”) is the operator of the website located at www.giovvani.com (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Giovvani (the “Products”).
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Wyoming, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
1. Delivery Times: In principle, delivery is made within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed by GIOVVANI LLC.
2. International Shipments: International shipments may be subject to import taxes at customs, Giovvani is unable to cover such charges and this is the customers responsibility.
1. Sale / Discounted Purchases: Any items purchased at discounted prices such as with a discounted upsell during check-out or during any type of Sale period such as Black Friday or Boxing Day are only subject to size exchanges and not change of mind returns.
2. Change of Mind Returns: All items purchased for full price, which are unused and undamaged can be returned within 14 days of receiving the initial order subject to our re-stocking fee.
3. Late Returns: If you ship your intended return after the 14 day return period, the item(s) will be sent back to you and no refund will be issued.
4. Restocking Fee: All refunded items are subject to a 20% restocking fee which will be deducted from the original purchase amount. The reason for this fee is due to Giovvani initially including the shipping fee in the initial order price, payment processing fees and warehouse staffing to process the return.
5. Return Costs: All return costs are to be incurred by the customer, Giovvani currently does not offer a prepaid return option.
6. Return Process: Returns must be coordinated with our customer service team, please do not return any items prior to liaising with our support otherwise it will not be processed. Giovvani reserves the right to request photos of any products prior to a return being accepted and shipped to our warehouse.
7. Used Products: We do not accept returns of used products. Examples of used products includes shoes with dirty soles such as dirt, dust and fluff or creased/wrinkled leather, used smells and any other wear and tear. Items must also be returned packaged the same as received without damaged packaging.
Customers have 30 days from the date of delivery to exchange their order for a different size or color providing the product is in an unused condition. If the exchange is shipped after this period, it will be sent back to the sender and no refund will be given.
Any visible signs of wear or returns without initial packaging, will result in the refusal of an exchange.
Customers may request a cancellation of their order prior to shipment provided that they contact our support inbox (email@example.com).
Giovvani will make every effort to accommodate all customer cancellation requests, however the company cannot guarantee that an order can be cancelled once it has been processed.
If an order is processed before cancellation and the customer is not satisfied with the purchase, our return policy must be followed.
Giovvani does not provide any warranty for the accuracy of sizing for its products and shall not be liable for any costs incurred by the customer for exchanging such products for a different size.
ADDRESS / DELIVERY POLICY
1. Customers are responsible for ensuring that the delivery address provided to Giovvani is accurate and complete prior to shipment. Orders sent to incorrect addresses are the responsibility of the customer.
2. Customers are responsible for being present at the delivery address at the time of delivery and for collecting the product upon delivery.
3. Customers must ensure that the location provided for delivery is a secure location, and Giovvani will not be liable for any theft that occurs after the delivery tracking shows a “delivered” status.
4. Customers are responsible for collecting any undeliverable parcels within five (5) business days from the courier’s warehouse/depot. If a parcel is not collected within this time period, it may be discarded by the courier and this is not the responsibility of Giovvani.
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Giovvani through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Giovvani reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Giovvani from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Giovvani if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Giovvani expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Giovvani reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Giovvani reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Giovvani wants you to be satisfied with your purchases from this Website. If you wish to return a product, please review our Online Return Policy and Store Returns Policy, which are incorporated herein by reference.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Giovvani, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Giovvani, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Giovvani, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Giovvani grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Giovvani may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Giovvani a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Giovvani the license specified above. Giovvani shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Wyoming, USA and shall be governed exclusively by the laws of the State of Wyoming, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us at firstname.lastname@example.org (email). Before formally submitting a Dispute to arbitration, you and Giovvani may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Giovvani may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Giovvani will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Wyoming: (i) any dispute, controversy, or claim relating to or contesting the validity of Giovvani’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Giovvani against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at email@example.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.
Links to Third Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Giovvani expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Giovvani to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY GIOVVANI. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
The products on this website are sold in United States Dollars (USD). The Company is not responsible for any additional foreign currency charges incurred by the customer. The customer is responsible for any currency conversion fees, exchange rates, or other expenses that may be charged by their bank or other financial institution.
The Company makes no representation or warranty as to the currency exchange rate used by the customer’s financial institution. The Company is not liable for any losses or damages arising out of any foreign currency charges incurred by the customer.
The company is an Italian styled brand; however, we provide no warranty or guarantee that all products are manufactured in Italy. Our products may be sourced and produced in different locations worldwide.
This Agreement constitutes the entire agreement between you and Giovvani and supersedes any prior version of this Agreement and Giovvani. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
Giovvani (https://www.giovvani.com) is owned and operated by GIOVVANI LLC, registered at 312 W. 2nd St, #1126, Casper, WY 82601.