GENERAL CONDITIONS OF SALE
- Object of these General Terms and Conditions
- These General Conditions of Sale ("General Conditions") define the terms and conditions of sale between Gioielli De Rosa, owner of the website store.damiani.com ("the Site") and the person registered on the Site who acts for personal and non-professional purposes ("Customer") and who intends to purchase the products offered by Gioielli de Rosa in the restricted access section of the Site ("the Products").
- These General Conditions have as their object the distance retail sale via internet to consumers of Products, governed in particular by Legislative Decree no. 206/2005 ("Consumer Code") and Legislative Decree no. 70/2003.
- Seller is:
- Gioielli De Rosa, P. IVA 07881791219, based in Via Miano, 150 801445 Napoli , Customer is: a consumer who has reached 18 years of age and is resident in countries where the site is enabled to sell online.
- Jewelry de rose does not deliver the Products in countries other than those indicated. Not all Products may be available for purchase in the country of the Site visitor.
- These General Conditions may be modified at any time. The version of the General Terms and Conditions published at the time of conclusion of the Contract shall prevail between the Parties. Jewelry de rosa shall in no case be deemed to be bound by conditions sent by the Customer or otherwise different from these Terms. Prices, Products on the Site and their characteristics are subject to change without notice.
- Acceptance of these Conditions by the Customer is essential for the completion of the purchase procedure of the Products.
- Conclusion and execution of the Contract - unavailability of the Product
- To make a purchase, the Customer must register on the Site, access the reserved area with his or her Credentials, choose the Product to be purchased and enter it in the appropriate section of the Site "Shopping Cart", where the characteristics of the Products, the price, the applicable VAT, the shipping costs and the expected delivery times will be displayed. Registration and access to the Site, as well as the use of the e-commerce service, are totally free of charge, and the Customer is solely responsible for the costs and charges for the equipment and computer links required to use the e-commerce services.
- The order is sent following the insertion of the shipping data and the data necessary to make the payment, requested by the intermediary in charge, in the appropriate payment section. These data can be modified until the "Buy" button is selected. Payment will be made by credit card or PayPal and the charge will normally be made within the terms indicated by the payment service used. By sending the order the Customer expressly consents to the use by Gioielli de Rosa of e-mail, telephone and address in relation to the conclusion and execution of the contract.
- Gioielli de rosa will send the Customer an e-mail confirming the order, containing the conditions of sale and the order placed. The Customer's order and the order confirmation with the applicable General Conditions are electronically stored by Gioielli de rosa and the Customer may request a copy by sending an e-mail to Gioielli de rosa at firstname.lastname@example.org.
- The contract of sale of the Product shall be deemed concluded when Gioielli de rosa receives payment of the price from the Customer.
- The validity of the contract is subject to the availability of the Product. In the event that the Product is no longer available, Gioielli de Rosa will inform the Customer within 20 days of receipt of the Product.
of the Order and reserves the right to terminate the contract of sale, returning to the Customer the full price paid, without any further charge or charge whatsoever to Jewelry de rose.
- The Order that is displayed by the Customer and sent via email by Gioielli de rosa contains all the essential elements of the Contract, including all the information required by law. The Customer is required to check the Order and verify that the information contained therein is correct and complete.
- Delivery of Products
- Jewelry de rosartato in the order confirmation at the address indicated by the customer.
- Delivery costs are borne by the Customer and the relative price is published in detail as indicated in the offer published on the Site, as well as in the order and order confirmation.
- The shipment and delivery of the Product will be carried out according to the methods and times indicated in the order confirmation. If not indicated in the Contract, delivery will take place within 30 (thirty) days after the Customer has sent the order.
- The Product will be delivered to the place indicated by the Customer for delivery and the Customer is obliged to receive the Product and facilitate delivery, as indicated in the order. In the event of unjustified refusal to receive the Product, Gioielli de Rosa shall be entitled to terminate the Contract, without prejudice to compensation for damages suffered (including any shipping and storage costs for the Products).
- At the time of delivery, the Customer is required to verify the integrity, quantity and type of the Products delivered, the fact that they conform to those ordered and the provisions of the Contract, the fact that the packaging is intact and undamaged, carrying out the checks that can be carried out according to ordinary diligence and immediately contesting any defects or discrepancies with respect to the order to the courier with a note on the delivery note.
- The Final Price includes VAT, delivery charges and any expenses related to the use of the means of payment chosen by the Customer.
- The Customer is required to make the payment in favour of Gioielli de rosa through the payment method made available on the Site. The Products will be delivered only after payment has been made.
- Other obligations of the Customer
- The Client is obliged to guarantee the truthfulness of the data provided during the procedure for the conclusion of the Contract. The Customer undertakes to promptly communicate to Gioielli de Rosa any changes to their personal data provided during the Contract, by sending appropriate communication to Gioielli De Rosa
- De Rosa Jewelry Warranty and Limitation of Liability
- With regard to "consumer" customers, the provisions relating to "consumer goods" set out in the Consumer Code (Legislative Decree 206 of 6 September 2005) apply, and in particular the legal guarantee of conformity set out in art. 129, as well as the applicable provisions in force. In particular, in case of lack of conformity of the Products not deriving from the normal use of the Product, the Customer has the right to restore, without charge, the conformity of the Product pursuant to art. 130 of the Consumer Code.
The Customer is obliged to report the lack of conformity to Jewels of Rose by registered letter with return receipt within the peremptory term of two months from the date of discovery of the defect. Gioielli de Rosa shall be liable when the lack of conformity manifests itself within two years of delivery.
In any case, the action aimed at asserting the defects not maliciously hidden by Gioielli de Rosa is prescribed within 26 (twenty-six) months from the delivery of the goods.
- The warranty is valid on condition that the Products are used correctly, in compliance with the relevant instructions for use and recommendations, and upon presentation by the Customer of the delivery documentation and the order number. Subject to the mandatory limitations provided by law, Gioielli de Rosa does not offer any guarantee or declaration of conformity of the Products in addition to what is expressly indicated on the Site, including the conformity of the Products to technical requirements, quality or standards of any kind, for specific or particular purposes.
- Customer's right of withdrawal
- Pursuant to articles 52 et seq. of the Consumer Code, the Customer who qualifies as a "consumer" within the meaning of the Consumer Code has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 (fourteen) days from the day of delivery of the Products.
- The consumer Customer may exercise this right through the specific procedure provided on the Site in the reserved area and following the relevant instructions, or by using the appropriate withdrawal form provided on the Site.
- In case of exercise of the right of withdrawal, the Products must be returned to the headquarters of Gioielli de rosa for this purpose indicated in their original conditions, complete with all their parts, accessories, documentation and with the relative packaging, which must be kept, as far as possible, intact.
- The costs for the return of the Products will be at the exclusive expense of the Customer and will be communicated to the Customer in advance, as well as the responsibility of the Products until they are returned to Gioielli de rosa.
- Within 14 (fourteen) days following the return of the Products, Gioielli de Rosa will refund the price to the Customer, net of the above mentioned delivery costs.
- Unless otherwise agreed between the parties, the Customer may not exercise the right of withdrawal, inter alia, in the following cases: - the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate and/or alter rapidly; - in all other cases provided for by law, with particular reference to art. 59 of the Consumer Code. In any case, the right of withdrawal is excluded if the Product has been handled in a different way from what is strictly necessary to establish its nature, characteristics and functioning.
- For the purposes of the Contract, the written form includes any communication by electronic means that allows a durable record of its content (such as, for example, e-mail messages and html pages).
- Preservation of the Contract
- The Contract and the relative order documents are stored, conserved and archived by Gioielli de rosa at its headquarters, for the fulfilments necessary for the execution of the Contract, as well as for the relative fulfilments and prescriptions required by law, in compliance with the Privacy Code (Legislative Decree no. 196/2003) and EU Regulation 2016/679 of 27 April 2016.
- The Customer may request access to and view these documents, upon written request to be sent to Gioielli de Rosa at least 7 working days prior by registered letter with return receipt. The Client may request to RGioielli de rosa that a copy of the Contract be provided in electronic and/or paper format, against payment of the cost of the reproduction and the support provided.
- In any case, the Customer is required to store, preserve and archive a copy of the Contract both electronically and on paper.
- Processing of personal data
- The processing of personal data provided by the Client will be carried out in accordance with the provisions of Legislative Decree no. 196 of 30 June 2003 ("Personal Data Protection Code") and pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 and its subsequent amendments and additions. For this purpose, Gioielli de rosa provides the Customer with specific information always available on the Site and reported in the order confirmation.
These General Conditions and the related Contract of Sale concluded between Gioielli de rosa and the Customer are governed by Italian law and, in particular, by Legislative Decree no. 70/2003 on e-commerce and, with reference only to consumer Customers, as defined above in art. 1, Legislative Decree no. 206/2005 (Consumer Code), unless mandatory provisions of the law of the Customer's country of residence that may be applicable.