GENERAL CONDITIONS OF SALE
1.1 These contractual conditions (hereinafter referred to as "General Conditions") apply and govern all sales contracts concluded between the company Veschetti Gioielli srl (hereinafter also referred to as "Seller") and the natural person (hereinafter referred to as "Customer" or "Buyer") who makes distance online purchases of products ("Products") offered on the website www.veschetti-jewels.com("Website") exclusively for private and/or personal purposes, as a consumer and not in the exercise of entrepreneurial and/or professional activity.
Natural persons who have and guarantee to have legal capacity and are of legal age may place orders on the Website.
1.3 The following conditions may be modified and supplemented and the relevant clauses will be valid and will apply from the date of their publication on the Website and, in any case, will form an integral and substantial part of the contract of sale of products to be concluded.
2.1 The "Seller" is Veschetti Gioielli srl, with registered office in Brescia, Corso Magenta no. 27/e, Tax Code and VAT number 02065740173, REA (Financial-Administrative Inventory) registration no. BS- 289565 , e-mail firstname.lastname@example.org- tel. +39 030 40477 , which runs its own business and commercial activity and promotes the sale of its own products using the distance contract mechanism via the platform, www.veschetti-jewels.com , in compliance with the General Conditions of online sale contained herein.
2.2 The "Customer" or "Buyer" or "Consumer" is the natural person who interacts with the e-commerce platform and concludes an online sales contract for purposes unrelated to the business, commercial, industrial, artisan or professional activity possibly carried out, in accordance with the provisions set out in Article 3 of Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code").
2.3 The "Distance Contract" is the contract having as its object the goods offered for sale on the Website to the consumer without the simultaneous physical presence of the seller and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself; this definition also includes those of a "sales contract", i.e. any contract under which the seller transfers or undertakes to transfer ownership of goods to the customer and the customer pays or undertakes to pay the price.
3. INFORMATION TO THE CONSUMER CUSTOMER.
3.1 Pursuant to Article 49 of the Consumer Code, the following mandatory information is provided.
The identity and registered office and contact details of Veschetti Gioielli srl as seller of the Products offered on the Website are as follows:
Veschetti Gioielli srl
Registered office: Brescia, Corso Magenta n. 27/e
Share Capital: Euro .100.000,00 fully paid up.
Tax Code: 02065740173
VAT number: 02065740173
Registration number in the Brescia Companies Register: 02065740173
C.C.I.A. (Chamber of Commerce, Industry, Crafts and Agriculture) 02065740173
R.E.A. (Financial-Administrative Inventory) BS- 289565
Tel. +39 030 40477
Certified e-mail: email@example.com
3.2 In addition to the compulsory information indicated above, the other information required by both the Consumer Code and Legislative Decree no. 70/2003 in favour of Consumer Customers is given below:
a) in reference to the details that permit rapid contact with Veschetti Gioielli srl and direct and effective communication, including telephone number, fax number and e-mail address, are as follows:
Tel. +39 030 40477 – E-mail: firstname.lastname@example.org
Certified e-mail: email@example.com
b) Registration number in the Milan Companies Register: 02065740173- C.C.I.A. (Chamber of Commerce, Industry, Crafts and Agriculture) 02065740173- R.E.A. (Financial-Administrative Inventory) BS- 289565
3.3 The online publication of these General Conditions of Sale and of the above mentioned information is valid as a presentation of the information on durable medium provided to the Consumer Customer pursuant to art. 51 of the Consumer Code.
4. SUBJECT - PRODUCTS
4.1 The subject of the contract is the online sale of products manufactured by the seller and available on the Portal www.veschetti-jewels.com, better illustrated and explained in the relative technical data sheets, which Veschetti Gioielli srl offers for sale and which the Buyer intends to purchase by interacting with the above mentioned platform, at a distance and with the aid of electronic tools.
4.2 The description and information relating to the Products, together with the individual codes and their price, are available on the Website.
4.3 The Buyer is informed and by accepting these Conditions of Sale acknowledges that the Products offered for sale are handcrafted and made with natural materials and that, as a result, all the information available on the Website in relation to their characteristics and the images in the product data sheet are of a general nature and have the sole purpose of providing information to enable the identification of the product: the images and graphic representations used, while reflecting the main characteristics of the products, may partially differ in colour, size or some detail and may not fully correspond to the real ones due to the Internet browser, the monitor used or the settings of the monitor itself.
4.4 The availability of the products on offer for sale is the one indicated on the Website in relation to each individual item. Should the Customer, however, be seriously interested in making a purchase s/he can contact Customer Services by calling no+39 030 40477 to verify this option and the expected time required to manufacture an analogous Product and, if required, customised for the purchaser.
4.5 For some products and at Veschetti Gioielli srl's discretion, the Customer may be granted the possibility of customising and/or personalising the product: Veschetti Gioielli srl reserves the right to assess and accept the Customer's request, communicating and applying any additional costs deriving from the requested modification in advance.
5. PRICE AND PAYMENT METHODS
5.1 The price of the products indicated on theWebsite are expressed in Euro and include VAT and may be subject to change at any time: for deliveries to be made in some foreign countries, additional taxes and duties may be applicable depending on the tax regulations in force.
5.2 Although Veschetti Gioielli srl constantly monitors and updates the Website, the indication of the price of the Products may not be up to date: if the actual and updated price of the Product is lower than that indicated on the Website, Veschetti Gioielli srl will refund the excess amount paid by the Customer, while if the actual and updated price is higher than that indicated on the Website, at its discretion, Veschetti Gioielli srl may reject the order by informing the Customer, or contact him/her for further instructions.
5.3 Delivery costs are not included in the price and may vary depending on the destination, weight and volume of the individual packages and, in any case, if due, will be indicated in the order summary before it is confirmed and sent by the Customer.
5.4 Payment of the amount due and delivery costs by the Customer may be made by bank transfer, credit card, debit card, PayPal and Stripe: when completing the order, the Customer must indicate the method of payment chosen, providing all the necessary data.
5.4 In the event of payment by Bank Transfer, the Customer must do so within three working days of placing the order to the following IBAN: IT 85 D0200811233000100091488 and all related costs and expenses (including any commissions charged to the Customer by his/her bank) shall be charged to the Customer, who must send the documentation on the transfer to Veschetti Gioielli srl at the email address firstname.lastname@example.org within the following three working days: acceptance of the order will be communicated only after the transfer has been verified. If the payment is not made by the aforesaid term, the order shall be considered annulled and as if never submitted, and Veschetti Gioielli srl shall be relieved of all responsibilities and obligations, without any need to notify the Customer.
5.5 Payment by credit or debit card is accepted with cards VISA, MASTERCARD, AMERICAN EXPRESS
The data and financial information of credit and debit card holders may be subject to authorisation and authentication and will be forwarded to the Bank that provides electronic payment services in order to carry out the aforesaid controls, without third parties having access to them: such data and information will never be used by Veschetti Gioielli srl except to complete the purchase procedures, arrange for any refunds or, if such communication is required, to prevent or report to the competent authorities the commission or attempted fraud by use and/or on the Website.
5.6 The Customer's credit/debit card will not be charged until the card data have been verified and the credit card issuer has authorised the charge, which will normally take place within the period specified by the payment service used.
5.6 The order can be considered forwarded and effective only after the bank payment centres have confirmed that the card has been verified and after the issuing bank has authorised or validated the debit, excluding any liability of Veschetti Gioielli srl for failure to confirm receipt and/or acceptance of the order if the card issuer refuses or does not authorise or validate the payment.
6. CONCLUSION OF THE CONTRACT
6.1 The information on the Website does not constitute an offer by Veschetti Gioielli srl and is not binding : the contract is concluded only when the Customer is informed that the order has been accepted by Veschetti Gioielli srl.
6.2 To place the order, the Customer, even without prior registration on the Website, must:
- choose the Product to buy and put it in the "Shopping Basket",
- fill in the order proposal with all the required data, select payment method and data and provide a delivery address,
- send the order proposal to the Website which will include the Product, price, applicable VAT and shipping costs if due, payment method and address for delivery of the product, by clicking "Complete order and pay".
When filling out and sending the order, the Customer is required to guarantee that the data provided is true and undertakes to promptly notify Veschetti Gioielli srl of any changes to the data provided. It is the responsibility of the Customer to verify the correctness of all data included in the order before sending it.
6.3 Registration and access to the Website, as well as the use of the Website for e-commerce purposes, are totally free of charge: the Customer is solely responsible for the costs, expenses and charges for the equipment and computer connections necessary to use the e-commerce services.
6.4 When the Customer places the order, this constitutes his/her intention to purchase the selected Product, governed by these General Conditions and binding for the Customer, without prejudice to the right of withdrawal set out in article 8 below. The transmission of the order proposal by the Customer implies the obligation of the latter to pay the price of the ordered Product and acceptance and commitment to comply with these General Conditions of Sale, without in any way binding Veschetti Gioielli srl to acceptance of the proposal or conclusion of the contract.
6.5 Once Veschetti Gioielli srl has received the order and in order to ensure the security of transactions and avoid fraud, reserves the right to request the following from the Customer: a) to communicate or confirm his/her telephone number to provide and/or request information relating to the proposed purchase, b) to send a copy of his/her identity document and tax code via e-mail or fax, to the addresses given. These documents will be kept in the archives of Veschetti Gioielli srl for one month only. Should the Customer fail to provide this information and/or documents requested within the deadline indicated by Veschetti Gioielli srl, the order will be considered cancelled.
6.6. Veschetti Gioielli srl may refuse an order, giving notice to the Customer within 10 days of receipt of the purchase proposal, if it is:
- an incomplete and/or incorrect order or in relation to which there are insufficient guarantees of solvency,
-an order placed by a Customer with which disputes have already arisen and/or may arise in connection with previous sales and/or the proposed purchase,
- an order for which fraudulent or illegal activities are reported or suspected, including if the order has been placed for commercial and non-personal purposes.
6.7 The contract between Veschetti Gioielli srl and the Customer shall be deemed concluded only when the Customer receives acceptance of the order proposal ("Acceptance" or "Order Confirmation") from Veschetti Gioielli srl: acceptance by Veschetti Gioielli srl of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order and will constitute proof of the existence of the contract between Veschetti Gioielli srl and the Customer, governed by these General Conditions and with the sole and exclusive object being the product or products indicated therein.
In compliance with the provisions of art. 51, paragraph 7, of Legislative Decree no. 206 of 6 September 2005, the Order Confirmation will contain a summary of the characteristics of the Product, an indication of the price and payment methods, information regarding delivery costs if applicable, the conditions and methods of exercising the right of withdrawal (including indication of the exclusion of the right of withdrawal in the case of personalised Products), indication of an address to which complaints may be made, if applicable, the existence and conditions of after-sales service and existing commercial guarantees, and a copy of these General Conditions.
6.8 On the basis of the information and data provided by the Customer in the Order, Veschetti Gioielli srl will issue an invoice for the confirmed order, sending it by e-mail or by post in compliance with current regulations. The invoice cannot be modified after this has been issued.
7.1 The Product will be delivered with attached seal and tag in the original case and will be accompanied by a warranty certificate.
7.2 The Product will be shipped and delivered in the manner and within the time indicated in the Order Confirmation: failure to indicate this in the Order Confirmation will result in delivery taking place within 30 (thirty) working days following that of the Order Confirmation.
The delivery terms indicated in the Order Confirmation are only indicative and may be delayed due to unforeseen events, due to force majeure or fortuitous events, including strikes, and Veschetti Gioielli srl shall not assume any responsibility in this regard nor shall it be held liable for any relative and/or subsequent damage.
If the delivery of the Product is not made within 30 days from the date of sending the Order Confirmation, the new delivery date will be communicated. The Customer may ask Veschetti Gioielli srl to make the delivery within an additional period appropriate to the circumstances. In the event of non-delivery of the Product within the additional period, the Customer may terminate the contract and the Price paid will be credited to him/her by the same means used for payment.
7.3 The Product will be delivered by Ferrari, a courier selected by Veschetti Gioielli srl to the address indicated by the Customer in the Order, or, if the Customer has chosen this delivery method in the Order, to the Veschetti Gioielli srl store in Brescia, Corso Magenta no. 27/e.
Delivery is free of charge world-wide in the case of purchase of a Product (or products selected in a single order) for a total price of €5,000 or if products are collected in-store.
7.3 Delivery to the address indicated by the Customer in the Order shall be made via Ferrari courier and an email will be sent to the Customer confirming delivery of the Product to the Courier for shipment: no deliveries shall be made to P.O. Boxes.
The Customer shall receive the Product and facilitate its delivery and, before accepting the delivery, shall check that the number of the package delivered corresponds to that indicated on the delivery note and that the packaging is intact, undamaged or altered, by signing the delivery document, upon presentation of an identity document, if requested by the Courier. Any damage to the packaging and/or the Product and/or the mismatch of the package number must be immediately challenged in writing on the Courier's delivery note: after signing the delivery document, the Customer may not object to the external characteristics of the package delivered.
7.4 If the Customer has chosen to pick up the product from the Veschetti Gioielli srl shop, an email will be sent to the Customer as soon as the product has arrived in-store and the Customer must collect the product within and no later than 10 working days of receipt.
When collecting the product in-store, the Customer must show a copy of the order and the e-mail confirming the availability of the product in the shop, as well as an identity document: if the product is collected by someone, other than the Customer, the person in charge of collection must also show a copy of his/her identity document, a copy of the Customer's identity document and a proxy for the collection.
7.5 In the event of unjustified refusal to accept delivery from the courier, repeated impossibility of delivery to the address indicated by the Customer in the Order or failure to collect the Product from the shop within the term specified in point 7.4, Veschetti Gioielli srl may terminate the Contract, without prejudice to compensation for damages suffered and withhold any shipping, collection and storage costs incurred by the courier relating to undelivered/uncollected Products, from the refund.
7.6. From the moment the Customer or his delegate accepts the delivery/picks up the product, the Customer acquires possession of the product and assumes the risk of its loss and/or damage.
8. RIGHT OF WITHDRAWAL
8. 1 The Customer is entitled to withdraw from the sales contract without penalty and without providing any explanation within fourteen (14) days from the date of delivery of the product (or, in the case of purchase of several products delivered separately but included in a single order, from the date of delivery of the last product), or, if the order was collected in-store, within fourteen (14) days from the date of collection of the product from the store, by returning the Product at his/her own expense within the following fourteen (14) days.
8.2 The following withdrawal options are open to the customer:
filling in and signing the "Return Form" (in accordance with art. 49 paragraph 4 of Legislative Decree no. 205 of 6 September 2006 - Consumer Code),
- drafting a letter stating his/her intention to exercise the right of withdrawal pursuant to art. 52 of Legislative Decree no. 205 of 6 September 2006, by entering the following information: recipient (name, address), Product for which s/he exercises the right of withdrawal, the number and date of the order and the date of delivery of the Product, Customer name and surname, his/her address and telephone number (landline and/or mobile), as well as, if the Customer paid for the Product by bank transfer, the IBAN number of the account for payment of the refund.
The "Return Form" or letter of withdrawal referred to in the previous paragraph must be sent duly signed within the deadline referred to in art. 8.1 to Veschetti Gioielli srl by e-mail to email@example.com or by registered mail to Veschetti Gioielli s.r.l. Corso Magenta 27/e 25121 Brescia BS: the withdrawal is considered validly completed by the Customer only if the relative communication is sent before the expiry of the deadline referred to in point 8.1.
8.3 Within fourteen (14) days following the notice of withdrawal, the Customer must return the product to Veschetti Gioielli srl by sending it at his/her own expense to the following address: Veschetti Gioielli srl in Brescia, Corso Magenta no. 27/e, or delivering it directly to the Veschetti Gioielli srl shop in Brescia, Corso Magenta no. 27/e during opening hours.
The Customer can send the Product via the Ferrari Courier indicated in the Return Form and in this case s/he will not have to pay the shipping costs directly to the Courier, which will, instead, be paid on his/her behalf by Veschetti Gioielli srl and subsequently deducted, in the form of the sum equal to the standard shipping cost of the purchased product, from the refund due.
The Customer who opts to use a shipping method other than that indicated by Veschetti Gioielli srl in the return form must pay the shipping costs directly and personally to the Courier chosen and will be responsible for any loss or damage to the Product during transport and any consequences resulting from his/her negligent choice of carrier and/or shipping method.
The Customer shall not incur any expense in the event that the Product is returned directly to the Veschetti Gioielli srl shop: the delivery of the Product in-store does not imply acceptance of the return by Veschetti Gioielli srl, which will verify the integrity of the Product and compliance with the conditions of withdrawal pursuant to paragraphs 8.4 and 8.5.
8.4 The Product must be returned intact in all its parts, not used and not worn or washed, not damaged, nor tampered with, altered, modified or worn, without abrasions and scratches, with the seal and/or tag attached, in the original case, box and packaging and accompanied by the warranty certificate: the integrity of the Product to be returned following the exercise of the right of withdrawal and in compliance with the terms and procedures described in the paragraphs above, 8.1, 8.2 and 8.3, are essential conditions for the valid exercise of this right and for the right to return the cost price. Veschetti Gioielli srl is not liable for damage, theft or loss of the Product until its return and any risk remains, up to that point, the exclusive responsibility of the Customer.
8.5 After the return of the Product, Veschetti Gioielli srl will carry out checks on the integrity of the Product and compliance with the conditions and terms indicated in points 8.1, 8.2, 8.3 and 8.4 and, if these checks are successful, will refund the Customer the sums paid (for the purchase price and delivery costs) in the shortest possible time and in any case within fourteen (14) days from the date on which it became aware of the exercise of the right of withdrawal. In the event that the Customer has chosen to return the Product by means of the Courier indicated by Veschetti Gioielli srl in the return form pursuant to the previous art. 8.3 second paragraph, the sum equal to the standard shipping cost for the return of the product will be retained and will not be refunded by Veschetti Gioielli srl.
The refund will be made using the same means of payment used by the Customer for the initial transaction and, in any case, to the person who made the payment for the Product, even if different from the recipient indicated in the Order.
8.6 Should the Customer fail to comply with the terms and conditions for the exercise of the withdrawal as set forth in 8.1, 8.2, 8.3 and 8.4, the Customer will not be entitled to a refund of the amount already paid. Veschetti Gioielli srl will send an email to the Customer informing him/her of the non-acceptance of the return and the Customer, within the following fourteen (14) days, may regain, at his/her own expense and giving notice via email to Veschetti Gioielli srl, the Product in the state in which it was returned to Veschetti Gioielli srl. Otherwise, Veschetti Gioielli srl may retain and keep the Product and the sums paid for its purchase.
8.7 The Customer is responsible for the decrease in value of the returned Product resulting from its handling other than that necessary to establish the nature, characteristics and functioning of the Product itself.
8.8 According to the provisions in art. 55 of Legislative Decree no. 206 of 6 September 2005, the right of withdrawal may not be exercised for Products packaged or made to measure and/or customised and/or requested with particular specifications by the Customer: for such products the right of withdrawal is not authorised, return will not be accepted and the price will not be refunded.
9.1 Veschetti Gioielli srl provides the legal guarantee of conformity pursuant to art. 129 of Legislative Decree no. 206 of 6 September 2005 exclusively for manufacturing defects detected and ascertained by its technicians within 24 months of purchase and upon presentation by the Customer of a copy of the order and the Product delivery documentation.
9.2 The warranty does not cover damages and/or alterations of the Product caused by its improper use, accidents or accidental events, natural alterations or alterations resulting from wear and tear or from the use of the Product. The warranty is also excluded in case of modifications and/or interventions by third parties on the Product.
9.4 The Customer is obliged to report the lack of conformity as per paragraph 9.1. to Veschetti Gioielli srl by registered letter with return receipt within the peremptory term of two months from the date of its discovery and will have the right to have restored, without charge, the conformity of the Product pursuant to art. 130 of Legislative Decree no. 206 of 6 September 2005, by repair or replacement. If the above mentioned remedies are not possible or excessively expensive, the Customer will be entitled to a reduction in price, or to the termination of the contract pursuant to art. 130 of Legislative Decree no. 206 of September 6, 2005.
9.5 The right to take action to ascertain possible conformity defects automatically ceases after twenty-six months from delivery of the Product.
10. RETENTION OF THE CONTRACT
11.2 The Customer is required to read the General Conditions of Use which contain information on the processing of personal data and security systems adopted and used by Veschetti Gioielli srl.
12. APPLICABLE LEGISLATION AND PLACE OF JURISDICTION
12.1 These General Conditions of Sale and the sales contracts concluded with the Customer are governed by and must be interpreted in accordance with Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005, Chapter I "Consumer rights in contracts", and with specific reference to the regulations on distance contracts and by Legislative Decree no. 70 of 9 April 2003 for aspects concerning electronic commerce, without prejudice to the application of the mandatory legal provisions in the Customer's country of residence.
12.2. Disputes arising from the interpretation, validity and/or execution of these General Conditions and sales contracts concluded with the Customer may be settled out of court in accordance with the provisions of Title II B "Extra-judicial Dispute Resolution" Part V of Legislative Decree no. 206 of 6 September 2005: Veschetti Gioielli srl already recommends and guarantees its adherence to the conciliation service at the Brescia Chamber of Commerce.