Terms and Conditions of Gioyal.com

These Terms govern
· the use of Gioyal.com and
· any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
Gioyal.com is a service of:
Savastano new generation tattoo art by Savastano Franco Emanuele via Umberto I° n. 15 Pomigliano d'Arco (NA) PI 08876931216
Owner's email address: info@gioyal.com
“Gioyal.com” refers to
· this site, including its subdomains and any other site through which the Owner offers the Service;
· applications for mobile devices, tablets or similar;
· application program interfaces (API);
· the Service;
· any software included as a component of the Service, as well as any applications, template files, content files, scripts, source code, instruction sets and related documentation;
The following documents are incorporated into the Terms for Reference:

What you need to know at a glance

· The use of the Service/Gioyal.com is reserved for Consumers only.
· The use of Gioyal.com and the Service is reserved for Users of legal age pursuant to applicable law.
· Access to Gioyal.com and use of the Service by minors is permitted only under the supervision of parents or legal guardians.
· The right of withdrawal applies only to European Consumers.

Terms of Use

Unless otherwise specified, the terms of use of Gioyal.com set out in this section are generally valid.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using Gioyal.com the User declares to satisfy the following requirements:
· The User acts as a Consumer;
· The User is of legal age under applicable law;
· The use of Gioyal.com by minors is permitted only under the supervision of parents or guardians;
· You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country;
· You are not listed on any U.S. government list of prohibited contractors;

Registration

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.
It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on Gioyal.com.
By creating an account, the User agrees to be fully responsible for all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.

Registration requirements

Registration of a User account on Gioyal.com is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.
· Account opening via bots or other automated means is not permitted.
· Unless otherwise specified, each User may create only one account.
· Except where expressly permitted, a User's account may not be shared with any other person.

Account Closure

Users may close their account and cease using the Service under the conditions and procedures specified in the respective section of Gioyal.com.

Account Suspension and Cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice in the following cases:
· the User has violated these Terms; and/or
· access to Gioyal.com by the User may cause harm to the Owner, other Users or third parties; and/or
· the use of Gioyal.com by the User may result in violation of laws or regulations; and/or
· in the event of judicial investigations or government proceedings; and/or
· if the User account or the use made of it are considered, at the sole discretion of the Owner, inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Contents on Gioyal.com

Unless otherwise specified or clearly recognizable, all content available on Gioyal.com is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on Gioyal.com does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.

Rights on the contents of Gioyal.com

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on Gioyal.com, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on Gioyal.com, the User is authorized to download, copy and/or share certain content available on Gioyal.com exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.

Content provided by users

The Owner allows Users to upload, share or offer their own content on Gioyal.com.
By providing content to Gioyal.com, the User declares to be legally authorized to do so and confirms that such content does not violate any law and/or third party rights.
Additional requirements that content must meet to be considered “acceptable” are specified in the Acceptable Use section.
The User acknowledges and accepts that by providing his/her own content to Gioyal.com he/she grants the Owner irrevocably and free of charge the non-exclusive, worldwide and perpetual right (i.e. for the duration of the legal protection) to use, access, archive, reproduce, modify, distribute, publish, transform into derivative works, transmit (including streaming) or otherwise exploit the content to provide and promote the Service in any form or media channel. This right may be transferred or licensed to third parties.
To the extent permitted by law, you waive any moral rights you may have in connection with content you provide to Gioyal.com.
Users acknowledge and accept that the content they offer through Gioyal.com will be made available under the same conditions applicable to the content of Gioyal.com.

Responsibility for content provided

The User is solely responsible for the content uploaded, published, shared or otherwise provided to Gioyal.com. The User acknowledges and accepts that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and to deny access to Gioyal.com to the User who uploaded it without notice:
· when it becomes aware of a (alleged) violation of these Terms, of the rights of third parties or of applicable law, in relation to such content;
· if you have received a notification of infringement of intellectual property rights;
· if you have received a notification of a violation of the confidentiality of third parties, including their intimate sphere;
· by order of the Authority; or
· if the Owner has been made aware that such content, if accessible via Gioyal.com, may represent a risk for Users, for third parties or for the availability of the Service.
The removal, deletion or blocking of content does not justify any claim for compensation, reimbursement or indemnity by the Users who provided such content.
Users agree to hold the Owner harmless from and against any claims made and/or damages suffered due to content provided by them to or offered through Gioyal.com.

Access to external resources

Through Gioyal.com Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.

Permitted use

Gioyal.com and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the User's sole responsibility to ensure that the use of Gioyal.com and/or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to Gioyal.com or the Service, terminate contracts, report any reprehensible activity carried out through Gioyal.com or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever there is a suspicion that the User is committing violations of the law, regulations, third-party rights and/or the Terms, in particular, but not limited to, carrying out one of the following activities:

Rules of conduct

· pretend to satisfy any requirement for access to Gioyal.com or use of the Service, such as being of legal age or being a Consumer;
· hide your identity, impersonate someone else, or pretend to be someone else unless authorized by that person;
· alter identifiers to hide or disguise the origin of your messages or posted content;
· defame, threaten, abuse, intimidate, threaten or otherwise violate the rights of others;
· promote activities that may endanger your life or that of any other User or cause physical harm. This category includes, but is not limited to, the threat of or incitement to suicide, the glorification of intentional physical trauma, the use of illegal drugs, alcohol abuse. The publication of content that promotes, glorifies or illustrates self-destructive or violent attitudes on Gioyal.com is not tolerated under any circumstances;
· probe, scan, or test the vulnerability of Gioyal.com, the services and networks connected to the site, breach the security or authentication procedures on Gioyal.com, the services and networks connected to Gioyal.com;
· install, integrate, upload or otherwise incorporate malware into or through Gioyal.com;
· use Gioyal.com or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for spamming purposes);
· attempt to disrupt or tamper with the technological infrastructure in such a way as to cause damage or undue burden to Gioyal.com or the Service;
· pretend to purchase a Product offered on Gioyal.com without any real intention;
· fail to pay for purchased Products;
· offer through Gioyal.com Products whose sale is prohibited by law or which are not currently available (e.g. because stocks are exhausted);
· manipulate the price of the Products offered or fail to deliver purchased Products;
· push other Users to conclude a transaction started on Gioyal.com outside of Gioyal.com to avoid paying any commissions;

Excessive use of the Service

· use Gioyal.com resources excessively compared to other Gioyal.com Users – in this case the Owner reserves the further right to suspend the User's account or limit its activity until the User ceases the excessive use, at its sole discretion;
·

Excessive API usage

· send abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessively frequent requests of the API and also reserves the right to suspend the User's access to the API temporarily or permanently. In such case, the Owner will reasonably attempt to alert the User before proceeding with the suspension;

Scraping

· implement automated processes of extraction, collection or capture of information, data and/or content from Gioyal.com and all related digital extensions, unless expressly authorized by the Owner;

Content rules

· disseminate or publish any unlawful, obscene, illegitimate, defamatory or inappropriate content;
· post content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
· disseminate or publish content that is false or may cause unjustified alarm;
· use Gioyal.com to publish, distribute or otherwise offer content protected by intellectual property laws, including, but not limited to, patents, trademarks and copyright, without the authorization of the rights holder;
· use Gioyal.com to publish, disseminate or otherwise offer content that violates the rights of third parties, including, but not limited to, military, commercial, professional or state secrets and personal data;
· post content or engage in activities that disrupt, interrupt, damage or otherwise violate the integrity of Gioyal.com or other Users' devices. Such activities include: spamming, unlawful advertising, phishing, fraud against third parties, spreading malware or viruses, etc.;
· publish or otherwise disseminate false, incorrect, misleading, defamatory or offensive content in relation to Products offered on Gioyal.com;

User Protection

· abusively use another User's account;
· collect or extract personal and identifying information of other Users, including, without limitation, email addresses or contact details, by violating the privacy settings of other Users' accounts on Gioyal.com or in any other way;
· use information relating to other Users, such as personal or contact data, for purposes other than those of Gioyal.com;

Commercial use prohibitions

· open an account or use Gioyal.com to promote, sell or advertise products or services of any kind in any way;
· pretend or imply in any way that you have a relationship with Gioyal.com, that you are endorsed by Gioyal.com, or that Gioyal.com endorses your or any third party's products or services for any purpose;

“Word of mouth”

Gioyal.com allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on Gioyal.com.
To take advantage of this opportunity, the User can invite friends to purchase Products on Gioyal.com by sending them a special code provided by the Owner. Each code can be redeemed only once.
If one of the people invited by purchasing a Product on Gioyal.com decides to redeem an invitation code, the User who invited him/her will receive the advantage or benefit (such as, for example: a discount, an additional service, an upgrade, etc.) indicated on Gioyal.com.
Invitation codes may only be redeemable for certain Products offered on Gioyal.com.
The Owner reserves the right to terminate the offer at any time at its sole discretion.
While there is no limit to the number of people who can be invited, the number of benefits or perks each User can receive for an equal number of invitation codes redeemed may be subject to a maximum limit.

API Terms of Use

Users can access their data relating to Gioyal.com through the Application Program Interface (API). Any use of the API, including through third-party products or services that access Gioyal.com, is subject to the Terms and in addition to the following specific conditions:
· the User expressly acknowledges and accepts that the Owner is not liable for damages or losses resulting from the User's use of the API or third-party products or services that access data through the API.

TERMS AND CONDITIONS OF SALE

Provision of personal data

To access or receive some of the Products provided through Gioyal.com as part of the Service, Users may be asked to provide their personal data as indicated on Gioyal.com.

Paid products

Some of the Products offered on Gioyal.com as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of Gioyal.com.

Product Description

Prices, descriptions and availability of the Products are specified in the respective sections of Gioyal.com and are subject to change without notice.
Although the Products on Gioyal.com are presented with the greatest technical accuracy possible, the representation on Gioyal.com through any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
The offer of the Products is non-binding. To make a purchase, Users must make a binding offer to purchase. Only once this offer is accepted, the contract can be considered concluded.

Product Availability

1. Sales offers for products and their prices remain valid as long as they are accessible on the Site, provided they are available. Any product that is no longer available will be reported as such.
2. If a product becomes unavailable after the order, the customer will be promptly informed by email to the address provided during the purchase or registration and will receive a refund of the amount paid.
Non-compliant products and defective products
If you have any problems with the product after opening the sealed package, please contact our customer service as soon as possible and explain the situation.
If the end user handles the object incorrectly, causing damage, GIOYAL cannot be held responsible; furthermore, we cannot intervene in the event of loss of components such as screws, spheres, etc.
In case you receive a defective item, please contact our customer service who will guide you step by step to resolve the problem, we invite you not to return the product before obtaining authorization from our customer support who will have to verify the actual defect, in case you send the product without obtaining authorization, we will assume that the damage occurred during the return, in that case you will be held responsible and we will not be able to proceed with the replacement of the product.
1. The products available on the Site comply with national and community regulations. Any discrepancies in the images and colours of the products on the site compared to reality may be due to the local settings of the devices used for viewing.
2. In the event that a purchased product presents defects of conformity with respect to the description provided on the site, or is damaged or defective, the customer has the right to a refund for the non-compliant product.
3. To obtain a refund, you must send a specific request via email to info@gioyal.com, providing details and photographs that highlight the damage or non-conformity of the product.
4. After receiving the request, the Gioyal.com team will contact the customer to agree on the refund methods.
5. It is possible that the refund will also take the form of discount vouchers to be used for future purchases, with the exclusion of further liability on the part of GIOYAL Gioyal.com.
6. The provisions on the legal guarantee of conformity of goods provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) remain valid.

Purchase procedure

Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
· Users are requested to choose the desired Product to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
· Users can review their selection, modify, add or remove items and, where applicable, provide specific instructions (for example “send it with a courtesy receipt”).
· To access the checkout area, Users must click the relevant button.
· Within the checkout area, Users can choose direct checkout. Direct checkout allows Users to complete the purchase directly through a payment management service (such as “PayPal”, “Amazon Pay”, “Google Pay”). By choosing direct checkout, Users will be redirected to the selected payment platform.
· Within the checkout area, Users will be asked in subsequent steps to specify their contact details, billing and shipping address and a shipping and payment method of their choice.
· Within the checkout area, Users can log in to their account, if they have one. Users will be asked, in subsequent steps, to confirm their registered billing and shipping address and to specify a shipping and payment method of their choice. Users who do not have an account can open one during the purchase process. Accounts are created through Shopify and allow Users to access the status of the current order and the purchase history. To receive information regarding the processing of personal data and related rights, the User can consult the privacy policy of Shopify and Gioyal.com.
· During the purchase process, Users may, at any time, modify, correct or replace the information provided and add a gift card, an affiliation code or a discount code (Voucher) or abandon the purchase process altogether without any consequences.
· After providing all the requested information, Users are asked to carefully check the order and, subsequently, confirm and forward it using the relevant button or mechanism on Gioyal.com, thereby accepting the Terms and committing to pay the agreed price.

Sending the order

Sending the order entails the following:
· Each order submitted constitutes an offer to purchase. Sending the order constitutes the User's obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
· In the event that the purchased Product requires an action by the User, such as the provision of personal information or data, specifications or special requests, the forwarding of the order also constitutes the obligation for the User to cooperate accordingly.
· Once the order has been submitted, Users will be sent a receipt. Unless otherwise specified in the relevant communications, the above receipt only certifies receipt of the order and does not constitute acceptance of the same.

Order Confirmation

· Unless the receipt of the order expressly constitutes simultaneous acceptance of the order – in which case the contract is to be considered stipulated – the purchase contract is concluded at the moment in which the User receives the communication of acceptance of the order.
· Subject to availability and at the discretion of the Seller and/or the Owner, the order will be accepted without undue delay.
Failure to accept an order does not give the User any right to make any claims - not even for compensation - against the Seller and/or the Owner.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Payment methods

Details regarding the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of Gioyal.com.
All payments are managed independently by third-party services. Therefore, Gioyal.com does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful. To receive further information on the processing of personal data and related rights, the User can refer to the privacy policy of Gioyal.com.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment fails, the Owner reserves the right to request the User to reimburse any related expenses or damages.

Payment Methods

1. GIOYAL issues a receipt of the purchased Products upon delivery to the courier for shipping and sends it to the Customer via email.
2. The information provided by the Customer is decisive for issuing the receipt, and it will not be possible to make changes to the data subsequently.
3. The goods will be shipped after payment has been received.
4. Payment for the Products on the Site is made by credit card, PayPal, Google Pay, Apple Pay, Klarna, Amazon Pay or other payment methods that may be available on the Site.
5. Online Credit Cards: Accepted credit cards include Visa, Mastercard, and American Express, you can also use prepaid cards such as PostePay. All data is transferred encrypted via SSL certificate to ensure maximum security.
PayPal:
PayPal, an eBay group company, represents a fast and secure payment system. After completing the order and selecting PayPal as the payment method, the Customer is redirected to the PayPal site to access their account and confirm the payment. PayPal protects the Customer's financial information and sends a confirmation via email for each transaction.
Payment via Google Pay:
Google Pay allows transactions using a virtual account number associated with credit or debit cards registered in the application.
Apple Pay:
Apple Wallet, available on iPhone and Apple Watch, lets you store credit cards, memberships, boarding passes, and more to make secure payments on the Site.
Klarna:
Paying in 3 installments with Klarna allows the Customer to spread the cost of the purchase into three equal installments charged directly to the Customer's card.
Amazon Pay:
Amazon Pay lets you use the payment methods associated with your Amazon account to make payments.
GIOYAL Gift Card:
Customers can use GIOYAL Gift Cards as a payment method by selecting the option during checkout and entering the number and security code indicated under the barcode.
For the conditions of use of Gift Cards, please refer to the Frequently Asked Questions section of the Site

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal function that allows future purchases, Gioyal.com will store an identification code linked to the User's PayPal account. In this way Gioyal.com will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.
The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.

Retention of title

Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.

Delivery Methods, Costs and Times

GIOYAL undertakes to guarantee the timely delivery of the Products within 24/48 hours of the conclusion of the Purchase Contract.
On the site you can choose between different shipping methods, visible in the cart together with the amount to pay.
In the case of deliveries to islands or remote areas, the delivery period may extend up to 72 working hours.
Delivery is via courier/postal service, with times varying based on destination. The terms indicated during the order are purely indicative.
For orders over €29.00, standard shipping is free.
Orders placed before 1pm (Monday to Friday) are dispatched the same day via standard delivery service barring unforeseen circumstances.
It is important to note that during holidays and on certain occasions, orders cannot be collected by the postal/courier service.
Gioyal.com delivers exclusively in the national territory (Italy) to the address provided located in Italy.
Gioyal.com cannot be held responsible for any delays in processing the order or in delivering the products.
The products ordered will be shipped to the postal address indicated by the Customer.
Once the order is confirmed, our team will notify the courier of the delivery of the package,
An email notification will be sent to the customer once the shipment has been made, providing a tracking code that will allow you to monitor the location of the shipment.
You can choose to collect the Products from a collection point selected during the order (if available).
The Customer will be informed via email and/or SMS of the arrival of the package containing the products.
In case of repeated absence of the customer, Gioyal.com may contact the customer to establish the reasons why the delivery was not successful.
If the delivery does not take place due to the customer's responsibility, Gioyal.com may decide to return the goods to its warehouses, canceling the order without any obligation to refund.
If delivery to the chosen collection point is not possible, the Products will be delivered to the nearest point without the right to a refund.
The Products will remain available for collection for seven calendar days; in the event of failure to collect, they will be returned to Gioyal.com, with the return and storage costs charged.
The Customer will receive a refund, notified by email and credited to the payment method used for the purchase.
Deliveries take place from Monday to Friday, during standard office hours, excluding national holidays, according to the methods of the chosen courier.
Delivery is considered completed when the Product is available at the address specified in the order form.
In the event of the recipient's absence, the courier will attempt a new delivery or return the Products to Gioyal.com.
After 14 days from the return to Gioyal.com, the Purchase Agreement is considered terminated and the order cancelled.
Upon delivery, the Customer must verify that the tamper-proof label is intact and the packaging is not damaged and that the number of pieces corresponds to the transport documentation. In the event of problems, the customer must immediately report it to the courier; otherwise, the product will be considered regularly delivered and it will not be possible to raise any complaints.
Cases of force majeure will give Gioyal.com the right to modify, postpone or cancel the delivery, with timely communication to the Customer.
In case of cancellation, the Customer will receive a refund, excluding any further claims against GIOYAL.

User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who benefits from the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section. The Consumer will be liable to the Seller only for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
· In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
· In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the responsibility of the User.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:
· supply of goods made to measure or clearly personalized;
· the supply of goods which are liable to deteriorate or expire rapidly;
· for the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
For orders relating to promotions with free products, the withdrawal concerns the entire Purchase Contract (including products added for free).
Regarding the purchase of a Virtual Gift Card, the Customer may withdraw within 14 days of purchase, but not for partially or fully used Gift Cards.

Guarantees

Legal guarantee of conformity of the Product in accordance with European Union legislation

According to European legislation, the seller guarantees the conformity of the goods sold to Consumers for a minimum period of 2 years from delivery.
Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on Gioyal.com in accordance with the laws of the country in which they habitually reside.
National laws of that country may grant Users broader rights.
Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.

Limitation of Liability and Indemnity

Unless otherwise specified or agreed with Users, the Owner's liability for damages related to the execution of the Agreement will be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees harmless to the extent permitted by law from any claim or demand – including, without limitation, legal fees and costs – made by third parties due to or in connection with conduct in violation of these Terms, third-party rights or the law, committed in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-branders, partners and employees, on the basis of negligence.
The foregoing also applies to any claims brought by third parties (including, but not limited to, the Owner's customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims regarding conformity.

Limitation of liability for User activities on Gioyal.com

Unless otherwise specified and without prejudice to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.
The foregoing does not limit the Owner's liability for death, personal injury or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by fraud or gross negligence, provided that the User's use of Gioyal.com has been appropriate and correct.
Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is only liable to the extent of damages typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Owner assumes no responsibility for:
· damages or losses resulting from interruptions or malfunctions of Gioyal.com due to causes of force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, failures or interruptions of telephone or electrical lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications;
· any losses that are not a direct consequence of a violation of the Terms by the Owner;
· any loss of profits or other losses, even indirect, that the User may have suffered (such as, by way of example only, trading losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
· Damage, prejudice or loss due to viruses or other malware contained in or connected to files downloadable from the Internet or through Gioyal.com. Users are responsible for adopting adequate security measures – such as antivirus – and firewalls to prevent any infections or attacks and to protect backup copies of all data and/or information exchanged/or uploaded/and on Gioyal.com.

Common provisions

No Waiver Implied

Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the activity of the Service, the Owner will work to ensure that Users can extract their personal data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Reselling the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit Gioyal.com or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.

Privacy policy

Information on the processing of personal data is contained in the privacy policy of Gioyal.com.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to Gioyal.com are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.
All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with Gioyal.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will take effect in the relationship with the User only from the moment communicated to the User.
Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service and may terminate the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.
If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
The provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of Gioyal.com must be sent to the addresses indicated in this document.

Safeguard clause

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

European users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, in an amicable manner, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Prevalence of national law
However, regardless of the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

Competent court

The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms belongs to the judicial authority of the following country:
Nola

Exception for Consumers in Europe

The foregoing does not apply to Users who qualify as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
This acid does not apply to consumers in Brazil who qualify as consumers.

Accessibility

The Owner undertakes to make the contents accessible to Users with disabilities. If Users have a disability and are unable to access any part of Gioyal.com because of it, they are required to report it, including a detailed description of the problem encountered. If the problem is easily identifiable and resolvable based on industry standard IT tools and techniques, the Owner undertakes to resolve it promptly.

Dispute Resolution

Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of Gioyal.com or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 2 days of receiving it.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here .

Definitions and legal references

Gioyal.com (or this Application)
The structure that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Good

Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.

Digital Product

It is a Product that consists of:
· content produced and supplied in digital format; and/or
· a service that allows the creation, transformation, storage or access of data in digital format, or the sharing or any other interaction with data in digital format uploaded or created by the User and any other User of Gioyal.com.

European (or Europe)

It applies when the User, regardless of nationality, is located in the European Union.

Standard withdrawal form

Addressed to:
Savastano new generation tattoo art by Savastano Franco Emanuele via Umberto I° n. 15 Pomigliano d'Arco (NA) PI 08876931216
info@gioyal.com
I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services:
_____________________________________________ (insert here a description of the goods/services you wish to withdraw from)
· Ordered on: _____________________________________________ (insert date)
· Received on: _____________________________________________ (insert date)
· Name of consumer(s):_____________________________________________
· Address of the consumer(s):_____________________________________________
· Date: _____________________________________________
(sign only if this form is notified in paper version)
Owner (or We)
Indicates the natural or legal person who provides Gioyal.com and/or offers the Service to Users.

Product

A good or service available through Gioyal.com, such as a physical good, digital files, software, booking services etc., and any other type of product separately defined herein, such as Digital Products.

Service

The service offered through Gioyal.com as described in the Terms and on Gioyal.com.

Terms

All conditions applicable to the use of Gioyal.com and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version respectively.

User (or You)

Indicates any natural person who uses Gioyal.com.

Consumer

Any User considered as such under applicable law is considered a Consumer.
Last modified: August 30, 2024