These General Conditions regulate on-line purchases made via the website www.gioiellitaly.com owned and managed by gioiellitaly di Raiola Pierluigi (hereinafter, “gioiellitaly”).
1.1. These General Sales Conditions (hereinafter, "General Conditions" and/or "GSC") are applicable to all distance sales concluded via the website www.gioiellitaly.com (hereinafter, "Website").
1.2. Use of the distance sale service described in these General Conditions is solely restricted to consumers (hereinafter, “Customers” or “Customer”), understood as the natural persons acting for purposes other than any entrepreneurial, business or professional activity they might carry out, over 18 (or, if minors, authorised by the person exercising parental authority by law).
1.3. The Customer is required to carefully read the General Conditions that have been provided on the Website, so that the Customer may become familiar with them, store them and reproduce them pursuant to article 12, paragraph 3 of Italian Legislative Decree 9 April 2003, No. 70 (“Implementation of Directive 2000/31/EC concerning certain legal aspects of information society services, in particular electronic commerce, in the Internal Market” – hereinafter, “E-commerce Decree”). A copy of the General Conditions shall however be sent by the holder gioiellitaly (as defined below) to the Customer, by email pursuant to paragraph 7 below of these GSC. Contracts entered into with Customers shall be filed by the holder gioiellitaly, and Customers shall be able to access them on the Website through their account. By using this website you unconditionally agree with the terms and conditions of use set out below, which may however be amended, at any time and without prior notice, by gioiellitaly. at its sole discretion. Use of the website by you after the aforementioned amendments shall be construed as unconditional agreement with the terms and conditions as amended. The information, pictures, photographs, trademarks, products and in general, the items and material you find in this Website are only disclosed for promotional and advertising purposes. You may download or copy said information and materials for personal use only and not for commercial purposes.
1.4. Contracts entered into with gioiellitaly via the website are regulated by Italian Law and, specifically, by Italian Legislative Decree 6 September 2005, No. 206 as amended (hereinafter, “Consumer Code”) and by the aforementioned E-commerce Decree.
2.1. The seller is the company gioiellitaly di Raiola Pierluigi., with registered office in Corso Umberto I, 26 – 80055 Portici (NA), Italy. (VAT ID: 09855241213 and Tax ID: RLAPLG83T15L845M, REA 1069183 -NA-), ph. (+39) 3715725718 email: firstname.lastname@example.org
INFORMATION ON THE PRODUCTS AND THEIR AVAILABILITY
3.1. The information concerning the Products, with their product codes, are available on the Website, where the Customer will find details on the main features of individual Products.
3.2. All the Products are subject to limited availability of gioiellitaly or the manufacturer. Gioiellitaly reserves the right to change at any time the limits of quantity and/or types of the Products that may be purchased on-line on the Website. The style, models and colours of the Products described in the Website may be modified without prior notice. During the procedure for the transaction, an automatic response informs the Customer of the time required to process the order or inability to process the order due to unavailability of the ordered Product.
3.3 In the case of products which come directly from the manufacturer, gioiellitaly assumes no responsibility in the event of a change in availability not attributable to it.
4.1. The prices of the Products on the Website are in Euro and include all applicable taxes or duties. The delivery expenses separately marked in the order form must be added to the prices of the Products. The conversion to other currency is automatically done by the website software respect to the exchange rate.
4.2. Gioiellitaly constantly checks all the prices set out on the Website to ensure they are correct, however this dies not guarantee no errors may be made. In the event an error should be found on the price of a Product, gioiellitaly. gives to the Customer the option to reconfirm the order for the Products at the correct price or to cancel it.
5.1. The essential features and prices of the Products are set out in the offer for each Product found on the Website.
5.2. Before sending a proposed order, Customers are asked to ensure they have read and understood the instructions provided during the purchase procedure and these General Conditions, as they are binding once the contract is entered into. To purchase the Products the Customer must fill in and send to gioiellitaly. the form with the order proposal in electronic format, following the instructions contained in the Website. The Customer must enter the Product into the appropriate “basket”, read and accept the General Conditions, with special reference to the contribution for delivery expenses and the conditions on the right of withdrawal, then read the Privacy Information, after which they must select the desired payment method and select the option to “proceed to checkout”.
5.3. Should the Customer need to correct any errors in entering the data, they must follow the appropriate editing procedure indicated on the Website, before sending their order proposal. Specifically, the Customer is entitled to change the quantity of Products they intended to purchase, by adding or removing one or more Products from the “basket”.
5.4. By send the order proposal gioiellitaly the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to accept the General Conditions in their entirety.
5.5. Without prejudice to the uses of the data described in the Privacy Information and subject to express consent by the Customer, the form with the order proposal and Customer data related to the order proposal will be kept by gioiellitaly for the time period set forth by the laws in force.
6.1. The Customer may pay the price of the Products and relevant delivery expenses by credit card.
6.2. gioiellitaly accepts payments made with:
6.3. The transaction shall be debited on the Customer’s credit card only after:
(i) the credit card data have been verified;
(ii) debiting authorisation has been received from the company issuing the credit card used by the Customer and
(iii) Product availability has been confirmed by gioiellitaly therefore after the order is ready to be processed.
6.4. In the event that, due to any reason, it should be impossible to debit the amounts owed by the Customer, the purchase process will be automatically cancelled and the purchase automatically deleted.
CONCLUSION OF THE CONTRACT
7.1. The contract entered into between gioiellitaly and the Customer shall be deemed concluded when the Customer receives confirmation by gioiellitaly that their order proposal – sent in compliance with the purchase procedure indicated on the Website – has been accepted, following verification of Product availability and successful debiting of the price on the Customer’s credit card. The order proposal sent by the Customer shall be binding for gioiellitaly only if the entire purchase procedure has been duly and correctly completed, with no errors found by the Website.
7.2. Gioiellitaly reserves the right to partially process the order in the event of unavailability of one or more Products ordered by the Customer. In that case only the sum due for the partially processed order shall be debited.
7.3. Gioiellitaly shall not be liable for malfunctions arising from the data transmission network provider.
7.4. In compliance with the provisions of article 13 of the E-commerce Decree, upon confirmation of the order or execution of the contract, gioiellitaly shall send the following information to the Customer by email: a summary of the General Conditions, information on the essential features of the purchased Products, detailed indication of the price and payment methods, information on delivery expenses, information on the conditions and methods for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in case of customised Products, the address of gioiellitaly for sending complaints, information on support services and existing commercial warranties. The Customer must promptly verify the content of the email and immediately report to gioiellitaly any errors or omissions.
INVALIDITY OF THE ORDER PROPOSAL
8.1. In derogation to the provisions of paragraph 7 above, no order proposal shall be construed as accepted and no contract shall be understood to have been entered into by gioiellitaly between them and the Customer where gioiellitaly should have reasonable and justifiable cause to believe that the Customer:
(i) intends to purchase the Products for purposes related to their own or other party’s entrepreneurial or professional activity, in compliance with the provisions of paragraph 1.2 of these General Conditions; or
(ii) does not act based on actual and genuine interest in purchasing the ordered Products, or
(iii) unlawfully exercises the right of withdrawal recognised by paragraph 13 below.
8.2. In these cases, the order proposal sent by the Customer shall be understood as wholly invalid and ineffective. Gioiellitaly shall send to the Customer, by email, a notice as to non-acceptance of the order proposal by gioiellitaly and failure to enter into the contract, while cancelling any charge or expense borne by the Customer.
TRANSPORT AND DELIVERY
9.1. For reasons of safety, the Products purchased on the Website shall be delivered to the address registered on the credit card, unless indicated otherwise by the Customer and the Customer’s signature or that of a representative over 18 shall be required upon delivery. No deliveries shall be made to post boxes.
9.2. For every order made on the Website, gioiellitaly issues a receipt of the Products sent, and sends it either by email or by surface mail to the order holder, pursuant to Italian Presidential Decree 445/2000 and Italian Legislative Decree 52/2004. The information provided by the Customer upon placing the order shall be used for issuing the invoice. No change may be made to the receipt after it has been issued.
9.3. The delivery expenses shall be borne by the Customer and are separately set out in the order form.
9.4. All purchases shall be delivered by selected courier (hereinafter “Courier”) from Monday to Friday, except Saturday and local or national public holidays and except for particular periods of the year when it is allowed communicated on website. Gioiellitaly shall not be liable for unforeseeable delays or that are only attributable to the Courier, against whom the appropriate complaints must be made. Delivery terms depend to the procurement times of products and if they are shipped by the manufacturer. Times are clearly specified both in the product sheet and at checkout. These range from a minimum of 24 hours to a maximum of 7 days. For these times, customized products are excluded, which shipping terms vary with respect to the modification made and by the manufacturer who must carry it out. It will be the responsibility of gioiellitaly to report the times and / or communicate them to the Customer
9.5. In any case, except for cases of force majeure or fortuitous cases, in compliance with article 61 of the Consumer Code the Products shall be delivered within a maximum term of 30 (thirty) days from the day following that of concluding the contract in compliance with paragraph 7.1 above, except where Gioiellitaly should notify – within the same term or within the last agreed delivery date, even by email – the inability to deliver the ordered Products due to even temporary supervening unavailability of the Products. In the event of said notice, Gioiellitaly shall refund any sums already paid by the Customer for payment of the supply.
9.6. In the event where, following notice by Gioiellitaly of a delay in the delivery date, the Customer should wish to cancel the order, any amount already paid by the Customer shall be refunded as soon as possible, and however no later than 30 (thirty) days from the date of receipt by Gioiellitaly of the order cancellation notice, with the exception of customised Products, in compliance with and as set forth by paragraph 12 below.
9.7. The Customer or their representative must be present at the recipient’s address indicated in the order for delivering the Products. Upon consignment of the Products by the Courier, the Customer is required to check:
(i) that the number of consigned packages matches the indications of the transport document (TD);
(ii) that the package is intact, not damaged, wet or altered in any way, including sealing materials. Any damage to the packaging and/or the Product or discrepancy in the number of packages or indications shall be immediately claimed in writing on the Courier’s delivery receipt. Once the Courier’s document has been signed with no claim being made by the Customer, the Customer may not make any complaint on the outer features of the delivered parcel.
SHIPMENT CONFIRMATION AND DELIVERY
10.1. Gioiellitaly shall send to the Customer a confirmation email once the Products have been shipped.
11.1. The Products purchased on the Website are delivered with the manufacturer packaging and with some extra packaging inserted by gioiellitaly.
RETURNS AND REFUNDS
12.1. In compliance with the provisions of article 59, paragraph 1, letter c) of the Consumer Code, the right of withdrawal, cancellation or return which would otherwise be granted, is excluded in case of orders relating to customised Products, such as items with names or text specifically requested in the order by engraving the Customer’s initials on the Product, without prejudice to paragraph 15 below, i.e. in case of jewellery made according to the Customer’s specific indications, either in text or pictures. As regards said customisation, the Customer acknowledges that the graphic depiction on the Website might differ from reality. As a matter of fact, the images and photos of the engraving might not reflect the actual appearance of the final product.
RIGHT OF WITHDRAWAL AND ORDER CANCELLATION
13.1. Gioiellitaly wishes to assure the Customer’s complete satisfaction. Pursuant to article 52 of the Consumer Code, the Customer is entitled to withdraw from the contract, without specifying the reason, and return the Products purchased on the Website, other than customised ones under paragraph 12, within 14 (fourteen) days from the date of receipt of the Products. All references in the My Word collection shall be considered customised
13.2. In order to exercise the right of withdrawal, the customer must send to email@example.com an email containing:
(i) the expression of the will to exercise the right of withdrawal pursuant to article 52 of the consumer code;
(ii) the indication of the products for which the customer wishes to exercise the right of withdrawal;
(iii) the progressive order number provided by gioiellitaly upon purchase confirmation;
13.3. In the event of exercising the right of withdrawal, gioiellitaly shall wholly refund the price of the Products provided they are returned by the Customer within 14 days from exercising the right of withdrawal not worn, unused and undamaged, as well as having the original receipt, and the original packaging. Gioiellitaly shall accept returns and changes of Products that have been delivered with a return/change label, sticker or seal only if the return instructions above have been correctly adhered to and if the label, sticker or seal are intact and attached to the Product.
13.4. Gioiellitaly reserves the right to reject the return for those Products that do not comply with these requirements. In the event of defective Products, the provisions of paragraph 15 “Conformity defects” shall apply. Refunds shall be made with the same payment method used for the purchase.
13.5. The expenses for the return of the Products shall be borne by the Customer. Any expense incurred by the Customer for the return shall be non-refundable.
13.6. Each delivery shall contain easy instructions for returning the Products.
13.7. Gioiellitaly undertakes to refund the Customer with no undue delay and however within 14 days elapsing from the date it receives the contract withdrawal notice pursuant to art. 54 of the Consumer Code, and shall send a notification email once the refund is made.
13.8. The Products to be returned should be sent using a Courier, insuring the entire amount of the goods, and ensure you receive a shipment number in order to track the shipment. Gioiellitaly shall not be liable for the refund or compensation relating to Products sent by the Customer that have never been received by gioiellitaly due to mislaying, theft or damage that are not attributable to it.
13.9. Should the Customer wish to modify or cancel the order they have already sent, they shall promptly send an email to firstname.lastname@example.org, in any case prior to receiving the confirmation email of goods shipped. Gioiellitaly shall endeavour to meet the Customer’s request. However, once the Product has been shipped the order may not be cancelled or modified. However, the shipped Products may be returned, and in these cases one shall refer to the aforementioned regulations on right of withdrawal.
REPLACEMENT OF THE PRODUCTS
14.1. Gioiellitaly intends to provide Customers with the option of replacing the Products purchased on the Website and to this end, the Customer must follow the procedure indicated below.
14.2. The Customer who is not wholly satisfied or who believes there is a discrepancy with the order they placed shall keep all the documentation relating to the delivery and the Product in its original package and shall immediately contact Gioiellitaly by sending an email to: email@example.com following the procedure set out in paragraph 13 above.
14.3. The replacement of a product shall be subject to availability by the producer to accept it.
14.4. Gioiellitaly shall receive the Product to be replaced in the original condition as when it was sent, as set out in paragraph 13.3.
14.5. Please note that the replacement procedure entails first refunding the amount paid by the Customer with the same payment methods used by the Customer for the purchase (under paragraph 6), after which the new transaction shall be carried out.
14.6. In order to replace a Product, it will be necessary to follow the instructions of Gioiellitaly provided at the time of contact as per subsection 14.2..
14.7. Processing of the new order is subject to the availability of the required Products.
14.8. The shipping expenses for the return of the Product shall be borne by the Customer.
14.9. The replacement Product shall be sent to the Customer by courier without charging additional shipping costs solely in the case where replacement is required by the Customer due to Product defectiveness pursuant to paragraph 15 below.
DEFECTS OF CONFORMITY
15.1. Should a Product sold by Gioiellitaly have a production defect and however, for any defect of conformity related to the Products sold by Gioiellitaly, the Customer shall immediately contact on line support at: firstname.lastname@example.org .
15.2. The legal guarantees set forth by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer is entitled to restoring the conformity of the goods, at no expense, by repair or replacement or, in the event such remedies should fail, by adequate reduction of the price or termination of the contract. These Customer rights shall be forfeited unless they report the defect of conformity to Gioiellitaly within two months from the date when they found the defect. The action aimed at raising the defects not concealed by Gioiellitaly by negligence, however, shall be time-barred twenty-six months after delivery of the goods.
ERRORS OR INACCURACIES
16.1. Gioiellitaly undertakes to provide constantly up-to-date information in the Website sections relating to the description and/or sale of the Products and shall strive to ensure the description and/or photographic depiction of the products on the website is as faithful as possible to said products. However, it is not possible to assure the complete absence of errors and, taking into account the methods of digital presentation of the products, the Customer’s perception of the description or graphic depiction of the products might not exactly match the product. Gioiellitaly reserves the right to correct the errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to amend or update the information at any time with no prior notice.
WARRANTY OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1 gioiellitaly is a registered trademark and therefore its reproduction, distribution, publication, transmission, modification in whole or in part, as well as the sale outside the uses permitted by law and without the authorization of the owner of the trademark is prohibited.
17.2. gioiellitaly guarantees the authenticity of all the Products purchased on the Site and that they are strictly Made in Italy.
17.2. The gioiellitaly trademark, as well as all the figurative and non-figurative trademarks, service marks, on the Products, their accessories and/or packaging, form marks, whether or not they are registered, as well as all the illustrations, Copyrighted images and logos, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of Gioiellitaly. The information, images, photographs, trademarks and generally the elements and materials made available through this Site are and will remain the exclusive property of gioiellitaly or granted for specific use by the owner of them; therefore, reproduction, in whole or in part, is expressly prohibited (except for personal and non-commercial use), distribution, publication, transmission, modification, in whole or in part, and sale of information, images, photographs, brands, products and in general of the elements and all the material contained in this Site.
APPLICABLE LAW AND COURT OF JURISDICTION
18.1. These General Conditions are regulated by Italian law and shall be interpreted in compliance with Italian laws.
18.2. The court of the Customer/consumer’s place of residence or domicile shall have mandatory territorial jurisdiction for any disputes arising from interpretation, validity or execution of these General Conditions.
19.1. For more information and assistance on the Website or on online purchase methods, the Customer may contact gioiellitaly at: email@example.com or at the postal address below:
gioiellitaly di Raiola Pierluigi
Corso Umberto I, 26
80055 Portici (NA)
Having acquired the information provided by the Data Controller pursuant to art. 13 of It. legislative Decree 196/2003, the Customer consents to the processing of their personal data for the aims indicated in the aforementioned Information as required to allow the Data Controller to correctly manage the transaction and consistently manage said data