Terms and Conditions
1. General Rules
The present general conditions of sale are governed by the rules of the Legislative Decree 6/9/2005, n. 206 below also Consumer Code. These general conditions of sale govern the relationship between Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici – Strada Nuova n. 68 Pavia, Italy (P.I.V. A.: 01541440184, Chamber of Commerce of Pavia – REA: PV-0192584) and the Customer.
2. Purpose of the Site
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici, allows users to view all products advertised on its website www.eleonorafedericijewelry.com, of which Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici is full and exclusive owner. The site is exclusively an online showcase, through which users interested in purchasing the products displayed can ask to be contacted by Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici representatives and conclude sales contracts.You can place an order only if you have reached the age of majority (or legal age) in your jurisdiction and only if you can enter into legally binding contracts under applicable law.
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici does everything possible to ensure that the color, design and style of the products displayed on the ) is accurate, complete, reliable, current or error-free. Therefore, the appearance of the original product may differ slightly from what is depicted on the Site for various reasons (remember that the images of the products on our Website are for illustrative purposes only). Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici, within the limits of what is permitted by law, will therefore not be liable for any errors or inaccuracies of any kind of the products displayed on the website. The display of a product on the webite does not imply that it is available for purchase. Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici reserves the right to modify the products on the website without notice.
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici reserves the right to change the items offered for sale or advertised on the Website without prior notice to the customers and will not be liable if any product is out of stock or otherwise unavailable. Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici cannot guarantee that any product on the Website will be available when ordered or thereafter.
3. Selling Price and Method of Purchase
Following indications on the website, the Customer can ask to be contacted and will receive a phone call or e-mail from representatives of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici and, unless the Customer makes any changes to the order, he/she will receive an order form.
Should the Customer wish to make any changes and / or personalize the products advertised, these changes will be agreed upon with the Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici representatives. It should be noted that Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici reserves the right, at its sole discretion, not to carry out all or some of the changes and/or personalizations requested by the Customer, who will be obviously notified of such. The changes and/or personalizations will be detailed on the order form, which will state the final price of the product taking into account any changes and/or personalizations requested.
Products made on request or customized may not be returned or exchanged.
Each order, is subject to express acceptance by di Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici and di Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici reserves the right to cancel an order even after sending the Confirmation of Receipt.
Orders can only be placed for personal use, any commercial use is excluded. Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici has the right to cancel any order placed by you in the event you (a) have been involved in a dispute concerning a prior order, or if Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici (b) has reasonable grounds to suspect that (1) you have violated these Terms and Conditions, (2) have not paid for the products purchased by the end of the deadline; (3) or are or appear to be engaged in fraudulent activities; (4) refuses to provide information that Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici I is required to collect by law; (c ) Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici believes that cancellation of the order is mandatory by law; (d) Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici has the right to cancel an order under these Terms and Conditions; (e) Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici reserves the right to modify, cancel, terminate or not process orders for any other reason in our sole discretion. In addition, certain products may not be eligible for sale in some countries/states. If we do not process an order for any of such reasons, we will refund any payment previously made.
The Customer will then receive an order form with his/her name and surname, address, tax code (if any), VAT number (if any), characteristics of the product, desired personalizations , valid delivery address, estimated date of when the product will be handed to the courier in charge of shipping, estimated delivery date, price of the product and delivery costs.
All prices for the products displayed on the website, as well as those on the order form, are inclusive of VAT. and any other taxes.
In case of delivery abroad, any additional costs, due to taxes or duties in the country of destination, will be borne by the Customer.
Payment methods are indicated on the order form as well as the request of invoice in electronic format. The customer wishing to conclude the sales contract must sign the order form and send it to firstname.lastname@example.org
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici will check the availability of the product and its price (since these are precious items, there may be fluctuations due to the cost of raw materials), sending the Customer the order confirmation and indication of payment methods of the product and delivery costs. The contract for the purchase of goods between the Customer and Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici will be considered concluded when Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici receives receipt of payment, which must be made within 7 (seven) days from acceptance of the order.
The product will remain the property of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici until full payment is made. The products ordered will remain under the responsibility of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici until signed and received by you. Once you have received the products, you accept and assume all risk relating to the products (including loss, theft or damage).
The order form must include a copy of the Customer’s identification card. The person placing the order must be the same that is making the payment.
4. Contract Execution and Method of Delivery
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici will send the Customer the ordered product by qualified couriers and/or trusted shippers. It will be delivered to the courier according to the estimated timing indicated in the order form. The delivery of the product to the Customer will take place within 15 (fifteen) days after it is handed to the courier. Delivery will take place mainly at street level. However, no responsibility can fall on of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici for any delay or non-delivery due to force majeure or fortuitous cases. The passage of risk is defined by Art.no. 63 Legislative Decree 206/2005 mod. Legislative Decree 21/2014.5.
When picking up your order, you will need to have the order confirmation e-mail with you, along with the original of a valid ID. If the collection will be made by a person delegated by you, the same must have the original of the proxy signed by you with the name, surname, date and place of birth of the delegated person, and the original of a valid identity document of himself and an identity document of the customer on whose behalf he makes the pick-up. We will check and register the serial number of both of the original valid photo ID. Before accepting the package, you or the person delegated by you, must sign the receipt of delivery of the order. To receive the package, the signature of an adult is required. The signed delivery receipt constitutes proof of delivery and acceptance of the ordered products. To this end, our records constitute proof of delivery and it will not be possible to raise disputes in this regard if the order is delivered.
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici assumes no liability for disruptions due to force majeure and /or unforeseen circumstances such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, wars and other similar events that would prevent the execution of the contract, wholly or partly, within the agreed times. Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici will not be liable to any party for damages, losses and costs if failing to fulfill the contract due to the causes mentioned above, as the Customer is only entitled to a refund of the price paid. Likewise, Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici is not responsible for any fraudulent or illegal use of credit cards and other means of payment made by third parties when products are paid for. Upon the request of the interbank service, which authorizes payment, Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici can request a copy of the credit card, front and back, and a copy of the identity card.
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici markets high quality products. Each product advertised on the website comes with a 2-year legal guarantee of conformity as set out in article no. 128 and following of the Consumer Code, which covers any faults in products purchased, from time of delivery and up to 2 years after this date. Any defects or accidental damage, including the Customer’s liability for the proper use of the products, or any consequences of normal wear and tear do not count as faulty goods and are, therefore, not covered by the legal guarantee. At their discretion, Customers have the right to ask the retailer for redress and claim, without any charge, that the product be repaired or replaced within a reasonable time, unless the remedy requested is not a viable option or would be too expensive for the retailer. Another option for Customers is to request either an appropriate price reduction or cancellation of the contract, as set out in art. no. 135 bis, paragraph 4, of the Consumer Code, especially if:
- the retailer has not carried out any repair or replacement in accordance with the terms and conditions of the Consumer Code, or has refused to comply with the product conformity;
- if the lack of conformity is so serious as to justify an immediate price reduction or the termination of the contract;
- if the lack of conformity is still evident after the retailer has attempted to restore the conformity of the product;
- if the retailer has stated (or that circumstances imply) that he cannot or will not repair the product within a reasonable time or without any inconvenience for the customer.
A minor fault does not entitle the Customer to cancel the sales contract.
To benefit from the guarantee, the Customer must report the defect of conformity by sending the retailer a detailed declaration of the defects and faults.
The aforesaid declaration is to be addressed to email@example.com
Unless there is evidence to the contrary, any defect of conformity in the product, occurring within one year of its delivery, is taken to be already present on delivery, unless incompatible with the nature of the product or with the nature of the defect.
In consideration of the characteristics and quality of the products sold , and given that certain defects can occur regardless of the manufacturing process and be attributable to the consumer (i.e. accidental blows to the product ), it should be noted that ,regarding each piece of the jewel which is not part of the main body and has an independent value (for example embedded precious stones), it is the customer’s duty to check that these pieces are not defected on receipt of the product. If no reports are received within 48 hours of delivery, it is assumed that there are no detached pieces or defects in the precious stones, which may break or chip later due to improper use of the Customer and/or by the wearer.
7. Obligations of the purchaser
The Customer is required to print and keep the present general conditions which, however, he has already read and accepted as a mandatory step in the purchase as well as the product specifications .
It is strictly forbidden to insert, in the process of creating the order form, false and/or invented and/or fantasy data; personal data and e-mail address must only be the correct personal data and not those of third parties, or of fantasy. Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici reserves the right to take legal action against any violation and infringement, in protection of all consumers’ rights.
8. Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without any explanation, within 14 (fourteen) days.
The right of withdrawal may be exercised within 14 (fourteen) days from the day on which the Customer or a third party appointed by the Customer, other than the courier, acquired the physical possession of the goods.
The right of withdrawal is exercised by sending notice of withdrawal to Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici using any explicit declaration (such as a letter sent by post, fax or e-mail to firstname.lastname@example.org ). For this purpose, the Customer can use the Model Withdrawal Form, but it is not mandatory.
The withdrawal deadline is met if, before the expiry of the withdrawal period, the Customer sends notice of withdrawal from the purchase contract.
Pursuant to art. 59, paragraph I, letter C, the right of withdrawal is excluded regarding the supply of packaged, made-to-order or personalized products.
9. Order Cancellation
If the Customer communicates a wish to cancel the contract, she/he will be refunded the full amount already paid to Gioielleria Marinone s.n.c., Eleonora and Caro Federici, including shipping costs, without undue delay and in any event no later than 14(fourteen ) days after we are informed of the Customer’s decision to cancel the purchase contract. The product must be returned by the same courier we turned to on dispatch.
The amount will be refunded by the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly requested otherwise. (However, the Customer will not incur any cost as a consequence of the refund). Refund will be made as soon as Gioielleria Marinone receives the product back and after verifying it has not been damaged and/or has not suffered any alterations. In addition the product must be returned in the original intact package, including all the documents pertaining to its guarantee and authenticity. All returned goods must include the original receipt. The Customer must return the products to Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici, without undue delay and in any case within 14 days of the date they communicated their decision to withdraw from the contract. The deadline is respected if Customers provides for the shipment of the product/s before the expiry of the 14 days.
The Customer is responsible for return shipping costs.
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici will not be responsible if the return package is lost, stolen or damaged. The Customer is only responsible for the decrease in value of the product resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the product.
10. Contractual Termination and Express Termination Clause
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici reserves the right to terminate the contract by simply notifying the Customer with valid (and justified) reasons. In that case, the Customer will only be entitled to the refund of any amount already paid. Obligations accepted by the Customer pursuant to art. 7 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment that the Customer makes, are of an essential nature, so that by express agreement, the failure by the Customer to comply with just one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial ruling and without prejudice to the right of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici to take legal action for compensation for further damage. The Customer has the right to withdraw from the purchase contract for any reason without any explanation within 24 hours from receipt of the email of confirmation giving timely communication to the Customer service by email to email@example.com.
12. Competent Court of Juristiction
Any disputes regarding the application,execution,interpretation and/or violation of the purchase contract with Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici are based on current Italian legal norms, as set out in the legislative decree DLGS 206/2005 art. 66 bis. Any dispute between parties located in Italy will be settled by the Court where the Customer resides. The Court of Pavia will settle any other Customer disputes.
It is also excluded the applicability of the Vienna Convention on the Sale of Goods of 1980. Each party irrevocably agrees to submit to the jurisdiction of the Italian courts in relation to any claim or any other matter concerning these Terms and Conditions.
13. Request for Electronic Invoice
From 1 January 2019 it is mandatory to issue the invoice in electronic format for companies and individuals requesting for it expressly. Given the importance of the correctness of data required for invoice, it is necessary to ask for it in the order form.
To request an electronic invoice it is necessary:
if the Customer is a natural person
-the Customer requesting the invoice must coincide with the order holder;
-the Customer must communicate the tax code.
if the customer is a company
-the Customer requesting the invoice must coincide with the order holder
-the Customer must communicate his own taxcode and PEC, VAT number, SdI code of the invoice holder .
14. Intellectual Property and Trademarks
All trademarks, logos or service marks (the “Trademarks”) appearing on the Site, whether registered or not, are the exclusive property of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici. All materials and contents (e.g.: models, photographs, videos, texts, etc.) on the Site are the exclusive property of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici. No one has the right to use the Trademarks and the contents displayed on the Site without the written authorization of Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici. The only use allowed is for non-commercial purposes and / or connected to the purchase of products.
15. Updates to Terms and Conditions
Gioielleria Marinone s.n.c. di Eleonora e Carlo Federici may modify these terms and conditions. The Customer is required to check the latest version of these terms and conditions on this page before proceeding with the purchase. If the Customer does not agree with these terms and conditions, he will not have to proceed with the purchase.