GENERAL CONDITIONS OF SALE
- Contractual parties
1.1. The general conditions of sale set forth herein (hereinafter the “General Conditions”) regulate the relations between:
- a) Vecchi Gioielli SAS di Valentina Fraleoni, with registered office in Rome, dei Pettinari, 82 – P.IVA e C.F. 11810121001 – REA: 1329344, in its capacity as seller (hereinafter the “Seller”); and
- b) the user of the website rainbowjewels.shop (the “Website”) who purchases one or more products through the website itself, in its capacity as purchaser (the “Customer”).
1.2. The website is dedicated to online retail and as such is meant to be used exclusively by Customers qualified as consumers pursuant to Legislative Decree of September 6, 2005 no. 206 (the “Italian Consumer Code”) i.e. the individuals acting for purposes that are not referable to their business, commercial, artisanal, or professional activity. Individuals who are not consumers are invited to refrain from placing purchase orders. In the event that one or more purchase orders should be placed by individuals who cannot be qualified as consumers, the General Conditions of sale set forth herein shall apply, however by way of derogation thereof: i) the Customer will not be entitled to the right of withdrawal set forth in article 9; ii) the Customer shall not benefit from the guarantee over the Products set forth in article 10; iii) the Customer will not be entitled to any other safeguards set forth herein in favor of consumers which correspond to or are compliant with imperative provisions of the law.
1.3. Only individuals who have reached 18 years of age and have the ability to enter into contracts are allowed to purchase through the Website. The Customer who places a purchase order represents and warrants under its own responsibility to possess the abovementioned characteristics.
- Contact details
2.1. For any information relating to the Seller please contact the Customer Service at the following email address: firstname.lastname@example.org.
- Scope and execution of the contract
3.1. The General Conditions set forth herein regulate the purchase by the Customers of the products displayed on the website (the “Products”).
3.2. The purchase of the Products through the Website constitutes a distance contract regulated by articles 50 and following of the Italian Consumer Code and by Legislative Decree of April 9, 2003 no. 70 enclosing the provisions regulating electronic commerce.
3.3. The display of the Products on the Website is not binding for the Seller and does not constitute an offer to the Public. It represents a mere invitation to the Customer to formulate a contractual offer to purchase. The purchase order sent by the Customer to the Seller through the Website (as described in article 3 below) constitutes a contractual offer and is regulated by the General Conditions set forth herein, which constitute an integral part of the order itself and that the Customer – by sending the order to the Seller – is bound to accept in whole and unconditionally.
3.4. The applicable General Conditions are those in force at the time the order is sent. The latter can be amended at any time. Any amendment shall be applicable as of the time it is published on the Website.
3.5. Pursuant to Legislative Decree of April 9, 2003 no. 70, The Seller hereby informs the Customer that:
- in order to purchase one or more Products on the Website, the Customer shall fill-out an order form in electronic format and submit it to the Seller by means of the internet following the instructions that will be displayed on the Website from time to time.
- before the order is sent, the Customer may identify and correct any mistakes in the insertion of the data by following the instructions that will be displayed on the Website from time to time and therefore explicitly accept the General Conditions set forth herein;
- the order will be sent by clicking on the specific button found below the order summary;
- once the order is received, the Seller will send the Customer (to the email address provided by the latter) an order confirmation.
3.6. The order confirmation does not imply acceptance of the order by the Seller. Acceptance of on order will take place only when the Seller will send to the Customer a confirmation of acceptance, normally at the time of the shipping of the Products. The relevant sale contract will be concluded upon receipt by the Customer of the confirmation of acceptance by the Seller. Before that moment the Seller may always reject or ignore an order on its discretion.
- Availability of the Products
4.1. In case the Products ordered should not be available, the Customer will be informed by e-mail within thirty (30) days as of the order is sent.
4.2. In such case, if the Customer has already paid for the Product and wishes to withdraw its order, the Seller will refund the total amount paid for the Product in a timely manner, in accordance with the methods set forth in article 9.
- Information on the Products
5.1. Each product comes with a technical data sheet illustrating its main characteristics (hereinafter the “Technical Data Sheet”).
5.2. the Seller will make its best efforts to ensure that the images of the Products published on the Website and in the Technical Data Sheet represent as closely as possible the Products for sale. The colors of the Products may, however, differ from the actual colors due to the settings of the information technology systems or the computers used by the users for their visualization. The images of the Products shown in the Technical Data Sheet may, moreover, differ in dimension or in relation to any ancillary products.
5.3. For the purposes of the purchase agreement, the description of the Product contained in the order form sent by the Customer will be taken as reference.
6.1. The prices of the Products are those displayed on the Website at the time the Customer sends the order. All prices published on the Website are expressed in Euro and include VAT.
6.2. The delivery costs – which may vary according to the delivery method chosen and/or in relation to the payment method used, will be specifically indicated (in Euro and including VAT) in the Technical Data Sheet and in the order summary as well as in the e-mail confirming the order.
6.3. In the event that the address of delivery should not be in Italy, the Customer is invited to acquire information from the competent authorities of the country of destination of the Product in order to obtain information on any customs duty or tax applied. Any additional cost, burden, tax and/or duty that a country should apply for any reason to the Products ordered pursuant to the General Conditions set forth herein, shall be borne exclusively by the Customer.
- Payment Methods
The payment of the Products purchased on the Website may take place pursuant to the following methods.
The amount relating to the purchase will be charged by PayPal at the same time the order form is sent.
In all cases of termination of the contract and subsequent cancelling of the order, the amount relating to the purchase will be simultaneously re-credited to the PayPal account of the Customer. The methods of re-crediting to the payment instrument linked to the PayPal account depend exclusively on PayPal.
In order to ascertain the identity of the Customer and its title to make the payment, The Seller reserves the right to request the Customer further information (by way of example his land line phone number or front/back copy of its valid identity card by email or fax).
7.2. Bank transfer
The Customer may pay through bank transfer to the bank account indicated by the Seller. The Products will be shipped once the relevant price will result on the Seller’s bank account.
7.3. Credit Card
The Customer may pay through credit card by selecting the corresponding option on the Website. The Products will be shipped once the relevant price will result on the Seller’s bank account.
8.1. The Seller will edeavour to fulfill the delivery schedule specified on the Website. The Customer explicitly accepts that the performance of the obligations arising from the contract by the Seller shall start at the time the Seller correctly receives the price of the purchased Products.
8.2 The Products ordered shall be shipped to the address of destination specified by the Customer in the order form, through private courier.
8.3. The shipping costs shall be borne by the Customer, in the amount specified in the order summary, before the order is sent. The payment of a surcharge may be requested to ship the Products in certain territories (“Surcharge for shipping costs in remote areas”). Its exact amount will be clearly specified in the course of the order procedure and before the order is sent.
8.4. For each purchase made on the Website, the Seller issues a fiscal document relating to the shipped Products sending it by e-mail to the holder of the order pursuant to article 14 of Presidential Decree no. 445/2000 and Law Decree no. 52/2004.
8.5. The shipped products are verified and delivered to the courier without defects. the Seller will not be liable for the damages that have not been reported by the Customer at the time the shipping is accepted by attaching the complaint to the bill of landing of the courier.
8.6. At the time the products are shipped the Customer must verify:
- That the number of packages is consistent with the order:
- That each package is intact, undamaged, dented, with holes, wet, or in any case altered also in the sealing materials (scotch tape or metal hoops).
8.7. The Customer is hereby invited, in his own interest, to report any damages found in the package or the non-correspondence of the number of packages by affixing an opportune “specific reserve” or by reporting on the delivery note/electronic terminal of the courier the description of the type of damage of the package found upon receipt (example of wording of “specific reserve” to be written near your signature: “reserving the right to verify the conditions of the package due to dented, broken or altered package”). The receipt without reserves or with a generic reservation of the right to verify conditions of the package does not allow the Customer to file proceedings against the courier.
8.8. The Customer is required to immediately verify the integrity and conformity of the Product. In case it should find any discrepancy in relation to the purchased Product, the Customer is required to immediately inform the Seller within and not later than 7 calendar days as of the receipt of the Product (by sending the Seller an email specifying the defect and/or the non-conformity found, including at least one photograph of the Product) in order to allow the Seller to claim compensation against the insurance of the courier within the terms set forth by the law.
8.9. The Customer acknowledges that collecting the Product is a specific obligation imposed on him/her under the purchase contract. In case of unsuccessful delivery due to absence of the recipient at the address specified in the order form, after two delivery attempts have failed, the package will go “in stock.” In case the Product is not collected within five working days as of the first delivery attempt, the contract will be intended as terminated and the purchase order consequently cancelled pursuant to article 1456 of the Italian civil Code. Once the contract is terminated, the Seller will refund the total amount paid by the Customer, minus the costs of the unsuccessful delivery of the Product, the costs to return the Product to the Seller and any other cost borne by the latter by reason of the failed delivery due to absence of the recipient. The Customer will be informed of the termination of the contract and of the amount of the refund by email.
- Right of withdrawal
9.1. The Customer may exercise the right of withdrawal and return the Product received, without any penalty being applied and without the need to specify the reason, in compliance with the terms and methods describes as follows.
9.2. The Customer may request to return the Product within fourteen (14) days as of the day in which the Customer or a third party, different from the courier and designated by the Customer itself, acquires physical possession of the Products. For such purpose the Customer is required to inform the Seller of its decision to withdraw from the contract, alternatively: (i) through an explicit written statement (i.e. a letter sent by mail, fax or email) or (ii) by filling out and sending to the Seller- by email – the return form available on the page shop/reso. Once it receives the notice of withdrawal, the Seller will send the Customer a confirmation of receipt of the withdrawal by email.
9.3. The Products shall be sent to the Seller at the following address: dei Pettinari, 82 – 00186 Rome. The returned Products shall be delivered to the dispatcher within fourteen (14) days as of the day the Customer has notified the Seller its decision to withdraw from the contract.
9.4. The Products shall be returned intact, undamaged and with tags specifying the bar code and any other seal which is part of the Products, including the warranty seal. The Products shall be returned in their original package. The products ordered by means of a single purchase order shall be returned at the same time and sent with a single shipment. The Customer shall be liable for the decrease in the value of the Products resulting from the manipulation of the latter that differs from the manipulation that is necessary to determine the nature, the characteristics and functioning of the Products.
9.5. The costs to return the Products shall be incurred by the Customer who will also be liable in case of loss or damage of the Products.
9.6. If the right of withdrawal is exercised in accordance with the methods and terms set forth herein, the Seller will refund the Customer any amounts already collected for the purchase of the returned Products, including the costs of delivery (except for the additional costs arising from the selection by the Customer of a delivery method which is different from the least expensive method of standard delivery offered by the Seller) or it will replace the good with another good to the satisfaction of the Customer, selected by the latter.
9.7. However, the Seller may withhold the refunded amount until it has received the Products (and the verification of the status of the Products has had a positive outcome) or until the Customer has given evidence of having shipped the products, depending on which situation should occur first.
9.8. Irrespective of the payment method chosen by the Customer, the refund is activated by the Seller in the shortest time possible and in any case within fourteen (14) days as of the date in which the Seller has become aware of the intention to withdraw from the contract, prior verification that the right of withdrawal is exercised correctly and the status of the returned Products is verified.
9.9. The Seller generally carries out the refund using the same payment method used by the Customer for the purchase of the returned Products, as specified in article 9. In the event that a disposable credit card has been used, or the credit card has expired or is about to expire, the Customer may send an email to agree upon a more appropriate means of refund.
- Legal guarantee of compliance
10.1. All Products are covered by the Legal Guarantee of Compliance provided under articles 128-135 of the Italian Consumer Code, subject to the condition that the Customer is qualified as consumer.
10.2. The Seller guarantees the Customer that the Products are free from defects in design and in their materials as well as compliant with the description published on the Website for a period of 2 (two) years as of the date the Products are delivered. No guarantee whatsoever shall apply in case the Product is used in such a way that is not compliant with its use and to the instructions/ warnings provided by the Seller in relation thereto or described in the Technical Data Sheet, on the tags, labels or on other explanatory documentation. In any case, no guarantee shall apply on the galvanic coating of the Products.
10.3. The Customer is obliged – under penalty of forfeiture of the mentioned guarantee – to report any defects and aspects of non-conformity within and not later than 2 (two) months from the discovery, by sending an email to the Seller specifying the defect and/or non-conformity aspect found, including at least 1 (one) photograph of the Product, with the order confirmation sent by the Seller and/or the tax receipt.
10.4. Following the communication by the Customer, The Seller will evaluate the defects and the aspects of non-conformity reported by the Customer and, after having carried out the due verifications, it will decide whether it intends to authorize the returning of the Products informing the Customer by email. The authorization to return the Products shall not constitute in any way an acknowledgment of the defects or of the non-conformity, the existence of which shall be ascertained after the Products are returned.
10.5. The Products of which The Seller has authorized the returning shall be returned by the Customer, together with a copy of the authorization notice within 30 (thirty) days as of the reporting of the defect or of the non-conformity at the following address: Via Pettinari, 82 – 00186, Rome.
10.6. In the event that The Seller should be required to refund the Customer the price paid, the refund will be carried out, if possible, using the same payment method used by the Customer at the time the Product was purchased, or by means of a bank transfer.
- Customer Data protection
11.1. Certain personal data concerning the Customer are requested by the Website in order to register, send the order and therefore enter into the present contract.
11.2. The Customer hereby acknowledges that the personal data provided will be registered and used by the Seller in compliance with the EU Regulation 679/2016 (GDPR) and the Italian Legislative Decree no. 196/2003, in order to execute each order sent through the Website and, prior the granting of your consent to the performance of any additional activities as described in the specific information notice on data protection provided to the Customer through the Website upon registration.
11.3. The Customer represents and warrants that the data provided to the Seller during the process of registration and purchase are correct and truthful.
11.4. The Customer may, at any time, update and/or modify its personal data provided to the Seller by accessing its profile.
- Intellectual Property
12.1. The Customer acknowledges that all of the trademarks, names, distinctive traits, company name, image, photograph, written text or graph used on the Website or relating to the Products are and shall remain of exclusive ownership of the Seller or of its licensors. The access to the website and/or the purchase of the Products shall not grant the Customer any right over the latter.
12.2. The contents of the Website cannot be reproduced, neither in total or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller or its licensors.
- Applicable law and competent Court
13.1. Any dispute arising from the application, performance, interpretation and breach of the purchase contracts entered into through the Website is subject to Italian law. The General Conditions set forth herein refer to – for aspects which have not been specifically addressed – the provisions of the Italian Civil Code and the Italian Consumer Code. The applicability of the Convention of the United Nations on Agreements concerning the International Sales of Goods is explicitly excluded.
13.2. Any dispute arising between the parties from this contract shall be subject to the jurisdiction of the Court of the district where the customer has its domicile. The Court of Rome exclusively will be competent for all other disputes.
THE CUSTOMER IS INVITED TO PRINT AND KEEP CUSTODY OF THE GENERAL CONDITIONS SET FORTH HEREIN