Terms of service
OVERVIEW
Welcome to Gesualdi Aviation. The terms "we", "us" and "our" refer to Gesualdi Aviation. Gesualdi Aviation operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services").
Gesualdi Aviation is powered by Shopify, which provides the e-commerce platform used to operate our online store. All purchases made through this website are made directly with Gesualdi Aviation.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as orders, payments, shipping, returns, warranties, limitations of liability and the use of our Services.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are using the Services with the consent of a parent or legal guardian.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information. You represent and warrant that all the information you provide is correct, current and complete.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Gesualdi Aviation offers aviation-inspired apparel and accessories.
We make every reasonable effort to provide an accurate representation of our products and services in our online store. However, please note that colors, textures, proportions and product appearance may differ slightly from how they appear on your screen due to the type of device you use, your display settings, lighting conditions and the nature of product photography or digital previews.
All descriptions, images, prices, availability and specifications of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, where permitted by applicable law.
Some products may be produced, fulfilled or shipped through selected third-party production and logistics partners. This does not affect your statutory consumer rights.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Gesualdi Aviation reserves the right to accept or decline your order where necessary, including in cases of suspected fraud, incorrect pricing, payment issues, product unavailability, errors in product information, or inaccurate order details.
Your order is not accepted until Gesualdi Aviation confirms acceptance by email. We must receive and process your payment before your order can be confirmed.
Please review your order carefully before submitting it. Because some products may enter production or fulfillment shortly after the order is placed, Gesualdi Aviation may be unable to accommodate cancellation or modification requests after an order has been accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices may not include taxes, shipping, handling, customs duties, import charges or other costs that may apply depending on your location.
The final total, including any applicable taxes and shipping charges, will be shown at checkout before you confirm your order.
We may offer, from time to time, promotions on the Services that may affect pricing and that may be governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that you are authorized to use the payment method provided and that you will pay all charges incurred by you at the posted prices, including any applicable taxes, shipping charges and other fees shown at checkout.
SECTION 5 - SHIPPING AND DELIVERY
Shipping options, estimated delivery times and any applicable shipping costs are shown at checkout or in our Shipping Policy.
All delivery times are estimates only and are not guaranteed. Delivery may vary depending on production times, shipping carriers, customs processing, destination country and events outside our reasonable control.
We are not responsible for delays caused by shipping carriers, customs authorities or circumstances beyond our reasonable control. However, we will assist customers where reasonably possible if an order is delayed, lost or affected by a delivery issue.
For consumer purchases, risk of loss or damage passes to you when the products are delivered to you or to a person designated by you.
International customers may be responsible for customs duties, import taxes or local charges, unless these are expressly included at checkout.
SECTION 6 - RETURNS, EXCHANGES AND RIGHT OF WITHDRAWAL
Returns and exchanges are handled in accordance with our Refund Policy.
If you are a consumer located in the European Union, you generally have the right to withdraw from an online purchase within 14 days from the day you, or a person designated by you, receive the goods, without giving any reason.
To exercise this right, you must inform us clearly by email at support@aviation.com within the withdrawal period.
Products must be returned in their original condition, unworn, unused and, where possible, with original tags and packaging.
The right of withdrawal does not apply to products that are made to the customer’s specifications or clearly personalized, including items created with custom names, initials, text, artwork, special modifications or other individual choices requested by the customer.
Products that are not personalized but are part of our standard catalogue may remain subject to the right of withdrawal where required by applicable consumer law.
The right of withdrawal may also not apply to sealed products that are not suitable for return for health or hygiene reasons once unsealed, or to other cases excluded by applicable consumer law.
Nothing in these Terms limits any mandatory consumer rights that apply under EU or national consumer protection laws.
SECTION 7 - LEGAL GUARANTEE
For customers in the European Union, products are covered by the legal guarantee of conformity provided by applicable consumer protection law.
If a product is defective, damaged, or does not correspond to the description, consumers may be entitled to a repair, replacement, price reduction or refund, depending on the circumstances and the applicable law.
This legal guarantee is separate from any commercial warranty we may offer and cannot be excluded or limited by these Terms.
SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, designs and the selection and arrangement thereof, are owned by Gesualdi Aviation, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any trademark, copyright or other intellectual property of Gesualdi Aviation or any third party.
Gesualdi Aviation's names, logos, product and service names, designs and slogans are trademarks or brand assets of Gesualdi Aviation or its affiliates or licensors. You must not use such trademarks or brand assets without the prior written permission of Gesualdi Aviation.
All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 9 - THIRD-PARTY SERVICES AND LINKS
The Services may contain materials, tools, payment services, embedded features or hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, availability or practices of any third-party materials, websites or services you choose to access.
If you decide to leave the Services to access third-party materials, websites or services, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources or content on third-party websites. Please review the third party’s policies and practices before engaging in any transaction.
Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which is available on our website. By using the Services, you acknowledge that you have read our Privacy Policy.
Information you submit through the Services may be shared with selected service providers involved in operating the website, processing payments, fulfilling orders, shipping products, providing analytics, preventing fraud and delivering customer support.
Review our Privacy Policy for more details on how we and our partners collect, use, store and protect your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, images or other content (collectively, "Feedback"), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for purposes connected with the operation, improvement and promotion of the Services and the Gesualdi Aviation brand.
You represent and warrant that you own or have all necessary rights to provide such Feedback and that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, abusive, spam-related, or otherwise inappropriate, or that violates any party’s rights or these Terms of Service.
You are solely responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other details.
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, including after you have submitted your order.
If an order is cancelled after payment has been made, we will issue a refund for the cancelled item or order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, national, regional or local law, regulation, rule or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any person; (e) to transmit false or misleading information; (f) to upload, download, send or use material that does not comply with these Terms; (g) to transmit advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Gesualdi Aviation or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without our written permission; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext or scrape the Services; (e) use robots, spiders, scraping tools, data extraction tools or automated systems to access the Services without authorization; or (f) interfere with, bypass or circumvent the security or authorization features of the Services.
We reserve the right to suspend, disable or terminate your access to the Services if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, if we reasonably believe that you have violated these Terms, misused the Services, engaged in fraudulent activity or acted unlawfully.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Legal Guarantee, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We make reasonable efforts to keep information accurate and updated, but we do not guarantee that all content will always be complete, current or error-free.
Except as expressly stated by Gesualdi Aviation or required by applicable law, the Services are provided "as is" and "as available".
Nothing in these Terms excludes or limits any mandatory consumer rights, statutory warranties or legal guarantees that apply to you under applicable law.
SECTION 16 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for mandatory consumer rights, fraud, intentional misconduct, or any liability that cannot be excluded under applicable law.
To the fullest extent permitted by law, Gesualdi Aviation, its owners, partners, employees, contractors, service providers and licensors shall not be liable for indirect, incidental, special or consequential damages, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages arising from your use of the Services or products purchased through the Services.
Our total liability for any claim relating to a product shall not exceed the amount paid by you for the relevant product, except where applicable law provides otherwise.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gesualdi Aviation, its owners, partners, employees, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to 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; or (3) your misuse of the Services.
This clause does not affect any mandatory consumer rights that apply to you.
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 be enforceable to the fullest extent permitted by applicable law, or severed from these Terms where necessary.
Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us 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.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We may transfer, assign or delegate these Terms and our rights and obligations where permitted by applicable law.
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, without prejudice to any mandatory consumer protection rights that may apply in your country of residence.
If you are a consumer, you may also have the right to bring proceedings before the courts of your place of residence where applicable consumer protection law allows it.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. We will notify you of any material changes where required by applicable law.
The version of the Terms published on the website at the time of your order will apply to that order.
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, unless otherwise required by applicable law.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@gesualdiaviation.com.
Our contact information is posted below:
GESUALDI AVIATION
support@gesualdiaviation.com
Via Ernesto Boezi 214 00124 Rome (RM)
Italy
