terms and conditions
The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa.
- Customer: means any person (natural or legal person) who purchases one or more Products through the Shop, accepting the General Conditions.
- Gioielleria Fiorentina : means Gioielleria Fiorentina with registered office in Piazza Libertà Avellino (AV) - registered in the Commercial Register of Avellino, VAT 02844750642
- Parties: jointly means Gioielleria Fiorentina and Customers.
- General Conditions: means these general conditions of sale and any future new versions that may be published in the Eshop Gioielleria Fiorentina .
- Eshop: means the virtual shop, managed by Gioielleria Fiorentina and accessible through the URL http://www.gioielleriafiorentina.it, through which it is possible to purchase the Products.
- Sale and Purchase Agreements: means the sale and purchase contracts for the Products concluded, pursuant to art. 3., between Gioielleria Fiorentina and Customers through the Eshop.
- Orders: means the purchase orders for the Products sent by the Customers, in accordance with the General Conditions and following the procedure referred to in art. 6.
- Order Confirmation: means the e-mail message through which Gioielleria Fiorentina notifies Customers of the acceptance of Orders.
- Price: means the selling price of the Products as indicated in the Eshop in correspondence with the Products themselves.
- Products: means the products published in the Eshop for the purpose of their sale.
- Profile: means the area of the Eshop where Customers can, after authentication: (i) view and modify their personal data and the addresses where the Products covered by the Orders must be shipped and delivered; (ii) view previous Orders; (iii) access any other specific function related to their activity in the Shop.
2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part of them.
2.2 Gioielleria Fiorentina reserves the right to modify the General Conditions at any time, without prejudice to the fact that those published in the Eshop when the Orders are sent by Customers will be considered applicable to the Sale and Purchase Agreements.
2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the Shop, the most favorable terms and conditions for Customers will apply.
3. Conclusion of the Sale and Purchase Agreements
3.1 Gioielleria Fiorentina undertakes to send the Order Confirmation to the Customers within 2 working days of receiving the Orders from the Customers.
3.2 The Sale and Purchase Agreements are considered concluded between the Parties when the Customers receive the Order Confirmation. If Customers do not receive the Order Confirmation within the term indicated in art. 3.1, the relevant Order must be considered rejected by Gioielleria Fiorentina and, therefore, without effects.
3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to the method of purchase of the Products referred to in art. 6 and to have fully accepted the General Conditions and to have read all the additional information contained in the Eshop, also referred to via links.
3.4 The Orders will be archived in the Eshop database, in the manner and in compliance with the provisions of Legislative Decree 30.06.2003 n. 196 ("Privacy") and will be accessible by contacting Gioielleria Fiorentina at the references referred to in art. 16 or by accessing the Profile.
4. Product Availability
4.1 Without prejudice to the provisions of art. 4.6, in correspondence with each Product published in the Shop, Gioielleria Fiorentina indicates whether the same: (i) is available in its warehouses; (ii) it is not available at its warehouses; (iii) it is available "on request"; (iv) it is "customizable".
4.2 The type of Products published in the Eshop and their availability may change at any time without this entailing any responsibility for Gioielleria Fiorentina towards the Customers.
4.3 The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "not available" pursuant to art. 4.1 (ii) cannot be ordered by customers. In the event of unavailability of a Product indicated as available at the time of sending the Order by a Customer, Gioielleria Fiorentina , without prejudice to the provisions of art. 3.2, undertakes to indicate to such Customer, in a subsequent communication by e-mail, the indicatively expected times for a new availability of the Product / s subject of the Order sent by the Customer. The Customer can withdraw the Order within 48 hours of receiving this communication from Gioielleria Fiorentina (without prejudice to the right of withdrawal referred to in art. 9) by sending an e-mail message to the address specified in art. 16. In this case Gioielleria Fiorentina undertakes to refund the Price in the shortest possible time.
4.4 Should a Product bear the indication available "on demand" means that such Product, at that moment, is not available at the warehouses of Gioielleria Fiorentina but that will be edited by Gioielleria Fiorentina order it at the central warehouses of Lormar after that the Customer ordered it to Gioielleria Fiorentina .
4.5 If the indication "customizable" corresponds to a Product, it means that this Product can be modified / adapted / customized according to the specific requests of the Customers. In this case, customers must specify their requests in the space provided when sending the orders. After sending the Order Confirmation, Gioielleria Fiorentina undertakes to communicate to Customers, by e-mail, the deadline for shipping the personalized Product. While committing Gioielleria Fiorentina to do @8S3D1 in its power to ensure compliance with this term, the same is to be understood as merely indicative and does not entail any constraint for Gioielleria Fiorentina ;
4.6 Gioielleria Fiorentina reserves the right not to indicate the availability of or some Products published in the Shop.
5. Price and Shipping Costs; Taxes and duties
5.1 The Price is expressed in € (Euro). The applicable Price is the one published in the Eshop at the time of sending the Orders by the Customers.
5.2 The Price is inclusive of VAT (22%) if the Products are shipped from Gioielleria Fiorentina and delivered within the European Union. If the Products are shipped from Gioielleria Fiorentina and delivered outside the European Union, the Price is exclusive of VAT.
5.3 The Price does not include shipping costs. Gioielleria Fiorentina reserves the right to ask customers for a contribution for shipping costs which may vary according to the type of delivery, the quantity of products to be delivered, their volume, their weight and their destination.
5.4 The contribution requested by Gioielleria Fiorentina for shipping costs is indicated, separately from the Price, before the sending of the Order by the Customers and will be paid by the Customers together and contextually with the payment of the Price according to the methods referred to in art. 7.
5.5 Any taxes, duties, duties and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of delivery.
6. Method of sending orders
6.1 In order to proceed with the sending of Orders, Customers are required to register in the Eshop by entering all the "mandatory" data and choosing a password to send the Orders and to access, even at a later time, their Profile.
6.2 Customers can purchase the Products by selecting them in the section of the Shop dedicated to the type of Product sought and inserting them in the "cart". If the Products that the Customers intend to purchase are more than one, the same procedure as above must be repeated by clicking on "add other products". Once the selection of the Products has been completed, the Customers must, if they have not already done so previously, proceed with the registration pursuant to art. 6.1 or, if already registered, must authenticate themselves by entering their e-mail address and password in the appropriate spaces and clicking on "go to the checkout". Once the correctness of the data relating to the chosen Product (s) and the "sending information" has been verified, Customers must choose the payment method pursuant to art. 7. Once the payment method has been chosen, the Customers can proceed to send the Orders by clicking on "send".
7. Methods of Payment
7.1 Customers can pay the Price and the contribution for shipping costs as per art. 5 by credit card, PayPal or other means of payment which can be indicated by Gioielleria Fiorentina in the Eshop. Gioielleria Fiorentina reserves the right to change, at any time, the means of payment that can be used by Customers, it being understood that those published in the Shop will be considered usable when the Orders are sent by Customers.
7.2 In case of payment by credit card, the charge to the Customers of the Price and the contribution for the shipping costs pursuant to art. 5 takes place, having verified the credit card data and having received the debit authorization from the company issuing the credit card used by the Customers, at the same time as the Gioielleria Fiorentina confirmation is sent by @7F5W2 . The credit card data sent during the execution of the Orders are protected and are sent directly to the banking company that manages the payments. Payment takes place directly on a secure server, with an SSL encryption key in order to guarantee the absolute security of the transaction. The credit card data are not accessible by Gioielleria Fiorentina or in any case by third parties, @1N5K7 at the time of sending the Orders nor subsequently. To guarantee customers the security and functionality of payments made by credit card, Gioielleria Fiorentina offers @3B4O5 payment solution.
7.2 In case of payment via PayPal, when the Orders are sent by the Customers, the web session will be transferred to the secure PayPal website. On this website, customers can complete the payment of the price and the contribution for shipping costs as per art. 5 using your PayPal account and according to the conditions of use of the PayPal service subscribed by the Customers at that time or previously. The charge of the Price and the contribution for the shipping costs pursuant to art. 5 on the Customers' PayPal account takes place at the same time as the Gioielleria Fiorentina confirmation is sent by @5K9S5 .
7.6 If requested by the Customers at the same time as the Orders are sent, Gioielleria Fiorentina will send the Customers a regular invoice, by e-mail or post. For the purposes of issuing the invoice, the information provided by the Customers is authentic. No change in the invoice will be possible after its issue by Gioielleria Fiorentina .
7.7 The information received by Gioielleria Fiorentina pursuant to this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the refund procedures in case of exercise of the right of withdrawal pursuant to art. 9. by Customers.
8. Shipping And Delivery Of Products
8.1 Given that "shipment" of the Products by Gioielleria Fiorentina means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, Gioielleria Fiorentina is not required to ship the Products until it has received payment of the Price; once payment of the Price has been received, Gioielleria Fiorentina undertakes to ship the Products:
(i) in the case of Products available (as defined in art. 4.):
- within 3 working days from the receipt of the debit authorization communication pursuant to art. 7.2 when paying by credit card;
- within 3 working days from the time the payment information was made available to Gioielleria Fiorentina in the event of payment by means other than credit card;
(ii) in the case of available Products become unavailable (as defined in art.4.3), within 3 working days from the moment in which such Product or such Products are available again at the Gioielleria Fiorentina warehouses, without prejudice to the Customer's right to withdraw the Order pursuant to the same art. 4.3;
(iii) in the case of Products "on request" (as defined in art. 4.4.), within 3 working days from the moment in which they are available at the Gioielleria Fiorentina warehouses;
(iv) in the case of "customized" Products, (as defined in art. 4.5.), within 3 working days from the moment in which they are available at the Gioielleria Fiorentina warehouses;
(v) in the event that the availability of one or more Products is not indicated (as per the faculty referred to in art. 4.6) and the Products are available at the Gioielleria Fiorentina warehouses at the time the Order is sent by Clients:
- within 3 working days from the receipt of the debit authorization communication pursuant to art. 7.2 when paying by credit card;
- within 3 working days from the time the payment information was made available to Gioielleria Fiorentina in case of payment by means other than credit card;
(vi) in the event that the availability of one or more Products is not indicated (as per the faculty referred to in art. 4.6) and the Products are not available at the Gioielleria Fiorentina warehouses at the time the Order is sent by of Customers, within 3 working days from the moment the Products are available at the Gioielleria Fiorentina warehouses.
8.2 Gioielleria Fiorentina guarantees the shipment of the Products, in the States indicated in the Eshop, by express couriers selected from time to time according to the Product covered by the Order and the place of destination. The Products are shipped by Gioielleria Fiorentina , and delivered by the courier selected by Gioielleria Fiorentina , to the address indicated by the Customers at the time of registration referred to in art. 6.1 or to a different address indicated when sending the Order.
8.3 Gioielleria Fiorentina undertakes to do everything in its power to ensure that the Products shipped pursuant to articles 8.1 and 8.2 are delivered by the selected couriers:
- in Italy within 48 hours from the date of shipment;
- outside Italy within 10 days from the date of shipment.
8.4 The terms of delivery pursuant to art. 8.3, cannot, in any case, be considered binding and Gioielleria Fiorentina , not being able to directly control the deliveries of the Products after their shipment, cannot be held in any way responsible for their failure to comply.
8.5 In order to allow Customers to follow the status of Orders, Gioielleria Fiorentina generates an Order number which, inserted in the "My Orders" section - accessible from all pages of the Online Shop - allows you to check all the information relating to Orders.
8.7 Customers, or other subjects appointed by Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, upon delivery, that:
(i) the Products correspond to what is indicated in the courier's transport document (DDT) both in number and type;
(ii) the packaging / packaging of the Products is intact, not damaged, nor wet or in any way altered, even in the closing materials.
8.8 Any damage to the packaging / packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the proof of delivery of the courier. It is understood that, once the courier document has been signed without any dispute, Customers can no longer raise any objection to Gioielleria Fiorentina with reference to the external characteristics of what is delivered.
8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the Products are delivered must affix a signature to certify the delivery. Couriers do not deliver to post office boxes or by inserting the Products in letter boxes or other similar places.
9. Right of withdrawal
9.1 If the customers are "consumers" (ie a natural person who acts for purposes unrelated to any business, commercial, craft or professional activity carried out), the customers have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by customers by sending a written communication to Gioielleria Fiorentina , by e-mail to the address referred to in art. 16., containing:
(i) the willingness to exercise the right of withdrawal;
(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In the event of exercise by the Customers of the right of withdrawal pursuant to this art. 9 .:
(i) Customers undertake to return the Products within 10 working days from the date of the withdrawal notice pursuant to art. 9.1;
(ii) all costs associated with returning the Products are entirely borne by the Customers;
(iii) Gioielleria Fiorentina undertakes to refund the Price in the shortest possible time, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging / packaging of the Products is returned and the same is intact;
- any accessories, instruction manuals etc are also returned and they are intact;
- the Products have not been used;
(iv) Gioielleria Fiorentina will communicate to the Customers the methods of reimbursement of the Price and may, for this purpose, ask the Customers for their bank details (IBAN and holder of the current account).
9.3 If Customers exercise the right of withdrawal in a way that does not comply with the terms and conditions set out in this article 9, Customers are not entitled to a refund of the Price.
9.4 As an alternative to exercising the right of withdrawal pursuant to this art. 9, the "consumer" Customers (according to the definition referred to in art. 9.1) can opt for a "product change" according to the methods and terms specified in the Eshop.
10. Product defects / defects
10.1 If the Products have a warranty recognized by the manufacturer of the same (commercial / conventional warranty), any defects / discrepancies of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the warranty itself.
10.2 Consumer customers (as defined in art. 9.1) are recognized as having the rights of the consumer as per art. 130 of Legislative Decree 206/05; these rights must be exercised within the terms of art. 132 of the same Legislative Decree 206/05.
11. Product Liability
The manufacturer of the Products is the person responsible for any damage caused by defects in the Products themselves.
Gioielleria Fiorentina declares and guarantees that the customers' personal data will be processed in accordance with the provisions of Legislative Decree 196/03, and subsequent amendments. The details relating to the methods of data processing are communicated to Customers at the time of registration pursuant to art. 6.1 or 6.2.
13. Errors and / or inaccuracies in the Eshop
13.1 Gioielleria Fiorentina undertakes to constantly check the Eshop in order to avoid errors or inaccuracies. However, it is possible that the Eshop may contain, or may over time contain, errors, inaccuracies or omissions.
13.2 Gioielleria Fiorentina therefore reserves the right to correct errors, inaccuracies or omissions contained in the Eshop even after an Order has been sent and also reserves the right to change or update the information at any time without prior notification to Customers.
14. Intellectual Property
All intellectual property rights connected to the Eshop (including the contents) are the exclusive property of Gioielleria Fiorentina ; the Eshop and its contents cannot be reproduced in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Gioielleria Fiorentina .
15. Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to 67 governs distance contracts - and by Legislative Decree 70 of 09 / 04/2003 on electronic commerce) and in light of this they must be interpreted.
15.2 These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it. Consequently, the interpretation, execution and resolution of the general conditions of sale are subject exclusively to Italian law and any disputes inherent and / or consequent to them must be resolved exclusively by the Italian judicial authority, as better specified below. In particular, if the Customer holds the status of Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law. If the customer, however, does not qualify as a consumer, the parties conventionally establish the exclusive jurisdiction of the Court of Avellino.
16. NATURE OF THE DATA PROCESSED. HOLDER OF THE TREATMENT
This information has been prepared, pursuant to art. 13 of the Privacy Code, by SMAC srl (VAT number 02844750642), with registered office in Avellino (AV), Piazza della Libertà (83100), share capital in euro 20,000.00, telephone +39 0825 72610 (from Monday to Saturday from 9:00 to 21:00, excluding Sundays and national holidays in Italy) (fixed number for a fee; to check the cost of the call, please consult your telephone operator, email [email protected]
SMAC srl acts as the data controller in relation to the personal data provided by the user when registering on the website www.gioielleriafiorentina.it (Site), or when purchasing products on the Site. This information is also intended for any person who interacts with the pages of the Site without making any registration.