If a product does not match the description, please contact our support team at: si@giannabellucci.com before returning it.
Legal basis
This return and withdrawal policy is based on Directive 2011/83/EU on consumer rights as implemented in the Slovenian Consumer Protection Act (ZVPot), which provides all EU consumers the right to withdraw from distance contracts.
- Link to initiate a return or exchange process: Link
Material defects (non-conformity of goods)
- Under EU law, consumers have the right to demand action in the event of a material defect (non-conformity) concerning the purchased product.
How to report a defect
- The EU Sales Directive (1999/44/EC, replaced by 2019/771/EU) stipulates that consumers must notify the seller of the non-conformity within a reasonable time after its discovery. Returned underwear must be unused, unstained, and hygienically safe for inspection.
- The notification must contain a clear description of the defect, and the consumer must allow the product to be inspected.
Consumer rights in case of a defect
If the defect is confirmed, the consumer can choose one of the following actions:
- Product repair or partial compensation in accordance with the reduced value,
- Replacement of the defective product with a new, flawless one,
- Full refund of the purchase price.
- If the defect is not disputed, we will fulfill the consumer's request as soon as possible and no later than 8 days after receiving the claim. If the defect is disputed, we will send a written response with our position within 8 days.
What is considered a material defect?
A product is considered materially defective (non-conforming under EU law) if:
- It does not have the characteristics necessary for its normal use (e.g. broken straps, faulty clasps, torn fabric upon delivery).
- It is not suitable for a specific purpose that was known to the seller upon purchase.
- It does not match the advertised description, product information, or labeling.
- It was delivered in a form that does not match the sample or model presented (unless it was clearly stated to be for information purposes only).
For products sensitive to hygiene, such as underwear, a defect does not include:
- Stains, wear, or damage resulting from fitting, wearing, or improper use,
- Defects that occur after the product has been used contrary to its intended purpose.
The suitability of the product for normal use is assessed based on:
- The usual quality of similar underwear available on the market,
- Any statements given by us or the manufacturer, including advertising, product presentation, and labeling.
Legal framework
Liability for material defects is governed by the EU Sales of Goods Directive (2019/771/EU), the Consumer Rights Directive (2011/83/EU), and national consumer protection laws.