Online purchases: definitions and subject of the contract
1.1 The supplier of the products is Tullio Cosentino, hereinafter "the Company", CF CSNTLL59C23C351X and VAT no. 05457270873, registered in the Catania business register, trade in the sector of jewelery, goldsmithing, silverware, gift items, leather goods, cod. ATECO 464800, with registered office in via spiaggia, 383 95016 Mascali (CT) - Italy
1.2 The term "Site" indicates the website www.gioiasi.com, reserved for the sale of jewelery, silverware, goldsmith, watchmaking and costume jewelery products.
1.3 By "online" sales contract we mean the distance contract, that is the legal transaction having as object movable goods and / or services stipulated between a supplier, the Company, and a consumer, customer in the context of a system distance selling organized by the supplier who, for this contract, uses only distance communication technology - called "internet".
1.4 All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address www.gioiasi.com where, following the indicated procedures, the contract for the purchase of the goods will be concluded. .
1.5 By consumer we mean the natural person who purchases goods and services for purposes not directly attributable to the professional activity carried out.
1.6 The term "Order" indicates the request form for the products for sale, filled in by the Customer through the Site. The "Products" are the goods for sale on the Site, on the basis of the Terms and Conditions of Use. The "Price" is the consideration for the sale of the products.
1.7 The "Parties" are the Company and the buyer hereinafter "the Buyer" or "the Customer".
2.1 Purchases made on the site www.gioiasi.com are governed by these Terms and Conditions of Use, as well as by the conditions indicated from time to time on the aforementioned site on the date of conclusion of the contract (price list, type, technical characteristics), as well as again by the provisions of Legislative Decree 206/2005 relating to consumer protection (articles 45 - 68 regarding distance contracts and articles 128-135 regarding the guarantee on the conformity of goods), as well as the provisions of Legislative Decree n ° 70/2003 relating to electronic commerce.
2.2 These Terms and Conditions of Use must be considered an integral and substantial part of the contract: the Customer is therefore invited, before sending the order, to carefully read these Terms and Conditions of Use and the information described here, by printing them or by saving them on another durable medium accessible to him.
2.3 The sending of the order by the Customer constitutes acceptance of the Terms and Conditions of Use in force, understood as those published on the website www.gioiasi.com at the time of the order being sent by the Customer.
2.4 The articles on the site can be purchased, while stocks last, only by those who have reached the age of eighteen.
OBLIGATIONS OF THE CUSTOMER
3.1 The Customer undertakes, once the online purchase procedure has been completed, to print and keep these terms and conditions of use, which, moreover, he will have already viewed and accepted as a mandatory step in the purchase, as well the specifications of the product being purchased.
3.2 These terms and conditions may be updated or modified at any time by the Company which will notify them by posting a notice on the site. The consumer undertakes and obliges, whenever there is a modification of these terms and conditions of use, to provide for their printing and storage.
3.3 It is forbidden for the buyer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; personal data and e-mails must be exclusively their real personal data and not those of third parties, or of fantasy.
3.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties.
3.5 The Company Management reserves the right to legally pursue any violation and abuse in the interest and for the protection of all consumers.
3.6 The Customer releases the Company from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, as the Customer himself is solely responsible for the correct insertion.
4.1 The prices indicated on the website www.gioiasi.com are expressed in euros, inclusive of VAT as well as all other taxes and duties and refer solely to products sold online.
4.2 The price applied will be the one in force at the time of the order, regardless of any subsequent price increases or decreases (eg due to promotions occurring subsequently).
4.3 The Company reserves the right to change the prices of the products without prior notice: any new amounts will be effective from the moment they are published on the website www.gioiasi.com and will be applied to sales made from that moment.
4.4 Shipping costs must be added to the price: these costs will be calculated on the basis of the weight and quantity of the products and on the basis of the destination of the order; in the case of delivery abroad, any additional costs due to taxes or fees provided for by the legislation in force in the country of destination will be charged to the customer.
4.5 The total amount of the order (price + shipping costs) will be visible before proceeding to confirm the purchase.
4.6 The tax documentation will be issued by the Company upon delivery of the products: it will indicate in detail the products purchased and their prices.
FEATURES AND AVAILABILITY OF PRODUCTS
5.1 The characteristics of the products are those visible online at the time the order is placed.
5.2 The Company shows the products as truthfully and accurately as possible; the Company does not guarantee that the colors, as well as the other technical and aesthetic characteristics displayed, are reproduced on the screen in a way that perfectly responds to reality.
5.3 The type of products published online and their availability (this indication to be considered non-binding) may vary at any time without imposing any liability on the Company.
5.4 The Company's computer system is designed to ensure immediate order fulfillment and avoid unnecessary waiting for the customer; in fact, it indicates in real time, in its electronic catalog, the physical availability of the product. Should an order exceed the quantity existing in the warehouse, the management of the company will inform the buyer whether or not the product is available in the future; in the affirmative, the system allows you to bring "to the checkout", purchase and receive only the quantities in stock within the set times.
METHOD OF CONCLUSION OF THE CONTRACT AND ORDERS
6.1 The purchase contract is concluded exclusively online, through the exact compilation of the order and the consequent consent to the purchase expressed by the Customer according to the procedures indicated on the site.
6.2 The Customer undertakes and obliges, once the online purchase procedure has been completed, to print and keep these Terms and Conditions of Use as well as the specifications of the purchased product provided on the site.
6.3 Once the order has been received, the Company will send the Customer, within the following 3 working days, an e-mail with the confirmation of the order in which the details of the order will be summarized: the Customer is invited to print the e-mail -mail and to keep it.
6.4 The contract must be considered concluded when the Customer receives the order confirmation.
6.5 In the event that the customer does not receive any order confirmation within the deadline indicated above, the related order must be deemed not accepted by the Company, therefore without effect.
TERMS OF PAYMENT
7.1 Upon receipt of the order confirmation from the Company, the Customer will be able to pay the price in the following ways, indicating the order number in the reason for payment;
- Credit card: during the purchase procedure choose the appropriate card (Visa, Visa Electron, Maestro, MasterCard, Aura and JCB) and enter the required data. The amount will be charged at the time of shipment
- PayPal: to buy online comfortably, without having to enter credit card details or bank account details on the site. The account will be debited upon completion of the order. If you are already registered with PayPal, log in to your account with your credentials, otherwise to register a new PayPal account, visit the paypal.com website.
7.2 Since the placing of orders is allowed only to adults, the Company will not be held responsible for orders placed by minors without parental authorization.
7.3 The order is shipped upon receipt of payment. If payment has not been received within 5 days of the order, the order will be canceled
8.1 The payment transaction takes place on a protected page, which makes use of TLS (Transport Layer Security) certificates, a system that guarantees maximum security for online transactions and the related monetary transactions take place through the Paypal payment gateway.
8.2 To protect the Customer's purchases by credit card, each order will be required to enter the CVV code. Thanks to this security system, the Customer's credit card data will be totally illegible to third parties.
SHIPPING AND DELIVERY
9.1 The Company is not required to ship the products until it has received full payment of the price.
9.2 The delivery is made approximately in 2-4 working days (from Monday to Friday, Saturdays and holidays excluded), depending on the delivery method chosen by the Customer during the order. For details, see the "Delivery" page.
9.3 In the absence of the recipient, depending on the delivery method chosen, at the first delivery attempt, a notice will be left to inform the recipient that a second delivery attempt will be made. The second delivery attempt is made automatically on the working day following the non-delivery or on the working day following the latter. In case of non-delivery even on the second attempt, a stock notice will be left with the references of the Post Office where the recipient can collect the shipment in the next 10 working days, including Saturday, which run according to the terms indicated on the notice. of stock. For details, see the "Delivery" page.
9.4 All orders are processed automatically and we are unable to change shipping and delivery times.
9.5 Poste Italiane is the authorized courier for the Company's shipments.
9.6 Shipping is free for a purchase order over €. 80.00; for lower orders the shipping cost depends on the delivery method selected by the customer during the order and varies from € 3.40 to €. 7.60. For details, see the "Delivery" page.
9.7 The Customer will be kept updated throughout the duration of the transaction. From the moment the order is sent, you will receive an order tracking code and the web address where you can track the delivery status of your shipment online and find out the expected date on which you will receive the order.
9.8 In the event that the Customer data indicated in the order are incomplete or otherwise inaccurate (so as to make delivery impossible), the Company will contact the Customer himself before fulfilling the order.
9.9 The Company will not be responsible for any delays attributable to the fault of the courier.
Upon receipt of the product, the Customer, or subject appointed by them, is invited to check:
• that the package is intact, not damaged or wet or in any case altered even in the closure: any disputes must be reported to the courier and the same will need to be accounted for at the time of affixing the signature for collection with the words "Withdrawn subject to control "; otherwise the package will be considered delivered correctly;
• that the products correspond to what is indicated in the transport document and / or in the invoice both in terms of number and type; any disputes must be reported to the courier and it will be necessary to give an account of the same at the time of affixing the signature for collection by means of the words "Withdrawn subject to control; otherwise the contents of the package will be considered free from defects and / or faults.
CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
10.1 The Company has the right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons; in this case, the Customer will only be entitled to a refund of any sum already paid.
10.2 The obligations assumed by the customer pursuant to art. 3 (Obligations of the Customer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 7, are essential, so that by express agreement, the failure by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right of the Company to take legal action for compensation for further damage.
10.3 The Company reserves the right, following any logistical and / or technical and / or organizational difficulties, to cancel the order by notifying the Customer via e-mail within days 30 starting from the day following that on which the Customer sent the order: in this case, the Customer will not be entitled to any compensation for damage, without prejudice to the right to a refund of any amount already paid.
RIGHT OF WITHDRAWAL, COMPLAINTS AND REQUEST FOR PRODUCT REPLACEMENT
11.1 For the Company, customer satisfaction is the basis of everything.
For any reason, you are not fully satisfied with the purchase, you can return the order within 14 days of the delivery date and receive a refund for the returned products or their replacement. The right of withdrawal is the right of natural persons acting for purposes not directly related to any professional activity carried out. Therefore, retailers and companies are excluded from this right.
11.2 The returned items must be in perfect condition without showing signs of use, in their original packaging and making sure that the labels have not been removed, within 10 days from the date of sending the notice of withdrawal.
11.3 To exercise the right of withdrawal, follow these simple steps:
- connect to the website www.gioiasi.com and log in with the access credentials;
- in the 'Product return' section, you must go to the order that contains the item to be returned, then check the product in question and enter the quantity to be returned. You can add a note, then click on "Return";
- prepare the items to be returned in a well sealed and protected package, possibly in the original packaging;
- send the package to the following address: Tullio Cosentino, Via Spiaggia, 383, 95016 Mascali (CT), Italy.
11.4 The shipment of the return is charged to the customer
11.5 Any complaint may be forwarded via the appropriate contact form on the site or by registered letter with return receipt. addressed to: Tullio Cosentino, Via Spiaggia, 383, 95016 Mascali (CT), Italy.
12.1 The refund of the amount spent depends on the payment method chosen during the purchase:
- payment via PayPal the cancellation will be made directly via PayPal;
- payment by credit card.
12.2 The refund cannot be made on cards other than those used for the purchase.
12.3 The Company will reimburse the cost of the goods shipped, within the terms of the law (30 days), only after receiving the goods and checking that all the requirements have been met.
12.4 The reimbursement does not include the costs of transporting the goods for subsequent return.
WARRANTIES AND LIABILITIES
13.1 The Company assumes no responsibility for inefficiencies attributable to force majeure and / or unforeseeable circumstances such as accidents, thefts and / or robberies to the courier in charge of delivery, fires, explosions, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the contract within the time and manner agreed upon.
13.2 The Company will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
13.3 Likewise, the Company is not responsible for any fraudulent or illegal use that may be made by third parties upon payment of the purchased products.
13.4 The Company guarantees the products against any flaw / defect. Should the Customer still find a defect / defect in the products purchased, he must report it within two months from the date on which he discovered the defect (Article 132 of Legislative Decree no. 206/2005 - Consumer Code).
13.5 More generally, the Customer is recognized with the consumer's rights pursuant to art. 130 Legislative Decree. 206/2005; these rights must be exercised under the terms of art. 132 of the same Legislative Decree. 206/2005.
LIMITATIONS OF LIABILITY
14.1 The Company assumes no responsibility if, due to unforeseeable circumstances or force majeure, it fails to execute the order within the time frame provided for in the previous art. 6.3 or any further disservice occurs.
14.2 The Company cannot be held liable to the Customer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet and outside the Company's control and management power.
14.3 The Company will also not be liable for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to the Company, as the Customer is only entitled to a full refund of the price paid.
14.4 The Company assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment.
APPLICABLE LAW - JURISDICTION The science and experience of the moment.
15.1 The contracts stipulated with the Company are intended to be concluded in Italy and are governed by Italian law Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated "online" through the website www.gioiasi.com is subject to Italian jurisdiction.
15.2 These general terms and conditions refer, although not expressly provided for therein, to the provisions of the Consumer Code.
15.3 For any dispute between the parties regarding this contract, the Court in whose district the consumer has his residence or domicile if located in the territory of the Italian State will be competent;
15.4 In all other cases, the territorial jurisdiction is exclusively that of the Catania forum, excluding any competing forum.
16.1 By filling in the personal data sheet, in the purchase procedure, necessary to activate the procedure for the execution of this contract and the related further communications towards the Customer, the Customer authorizes the Company to communicate the personal data of a personal nature (thus as defined pursuant to Article 7 of the GDPR 2016/679) to trusted couriers and / or shippers for the delivery of purchased goods in order to allow the procedures necessary for their delivery.
Brands, logos and other distinctive signs on the site belong to their respective owners. The use of trademarks, logos and other distinctive signs, including reproduction on other websites by unauthorized third parties, is prohibited. The contents of the site are protected by copyright (texts, images and graphics).
19.1 The contract replaces all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties regarding the subject of the contract, together with the order, the general conditions relating to the use of the site and the conditions relating to the registration service. Any variation or modification of the contract must be accepted in writing by both parties.
20.1 All communications between the parties must be made in writing and sent to the address of the other party indicated in the contract and in the order. Communications sent to the other party's e-mail address, indicated on the site and in the order, are also intended to be sent in writing.
20.2 Communications relating to the validity or existence of this agreement must be exclusively delivered by hand or sent by registered letter with acknowledgment of receipt.
INVALIDITY AND / OR INEFFECTIVENESS
21.1 The invalidity and / or ineffectiveness, even if supervened, of one of these conditions does not affect the validity or effectiveness of the others. The condition that should be deemed or become invalid or ineffective, in whole or in part, for any reason: (a) will be considered separable from the context of these conditions of sale without affecting their validity; (b) if the context proves possible, it will be deemed replaced (if applicable only for the country involved) by a different agreement or provision that is valid and effective, the content of which is as similar as possible to that which has become or deemed invalid or ineffective).
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Parties declare that they have carefully examined and specifically approve the content of the following articles:
Art. 4.3 (Company's right to vary product prices)
Art. 5.3 (absence of liability on the part of the Company for changes in products and their availability)
Art. 3.1 and 3.6 (Customer's obligation to print and keep the Terms and Conditions of Use as well as the specifications of the purchased product provided on the site at the end of the online purchase procedure).
Art. 6.4 (time of conclusion of the contract)
Art. 6.5 (failure to conclude the contract in the event of failure to receive the order confirmation from the Customer)
Art. 7.4 (Company's right to cancel orders)
Art. 7.1 (Customer's obligation to pay the price before shipping the products)
Art. 9.1 (the Company's right not to proceed with the shipment of products until it has received full payment of the price)
Art. 10.1 (the company's right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons)
Art. 10.2 (essential nature of the customer's obligations)
Art. 10.3. (company right to cancel the order)
Art. 9.10 (absence of liability on the part of the Company in the event of delays attributable to the fault of the courier).
Art. 9.10 first part (Customer's obligation to verify that at the time of delivery that the package is intact, not damaged or wet or in any case altered even in the closure and that the delivery is correct in case of no reserve)
Art. 9.10 second part (Customer's obligation to verify that at the time of delivery the products correspond to what is indicated in the transport document and / or in the invoice both in terms of number and type and immunity from defects / faults in case of failure to reserve)
Art. 11.1 (right of withdrawal and exercise deadline)
Art. 11.3 (methods of exercising the right of withdrawal)
Art. 11.2 (Customer's obligation to return the product intact, in the original packaging, complete in all its parts, no later than 10 days from the date of sending the notice of withdrawal)
Art. 12.2 and 12.3 (term for reimbursement of the sums paid by the Customer)
Art. 12.4 (product replacement is not foreseen)
Art. 12.5 (Customer obligation to bear the costs of returning the product)
Art. 14.1 (lack of responsibility of the Company if, due to unforeseeable circumstances or force majeure, the Company fails to execute the order within the times provided for in Article 6 point 3 or any further disservice occurs)
Art. 14.2 (lack of responsibility of the Company for disservices or malfunctions connected to the use of the internet and outside the control and management power of the Company itself)
Art. 13.2 (lack of responsibility of the Company for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to the Company itself)
Art. 14.4 (lack of responsibility of the Company for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have taken all possible precautions based on the best science and experience of the moment)
Art. 15 (applicable law)
Art. 15.4 (mandatory forum in the case of a customer having his residence or domicile outside Italy)
Art. 21 (Invalidity and / or ineffectiveness of the clauses)