GENERAL TERMS AND CONDITIONS
FOR ON-LINE SALE OF CONSUMER GOODS
The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are put up for sale by Non solo gioielli srls, via Genuine 80 Frattamaggiore Na registered at the Chamber of Commerce of Naples under no. 901671 of the Business Register, CF 07673541210 VAT number 07673541210 hereafter referred to as "Supplier ".
1.1. The term "online sales contract" means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated between them and the Purchaser in the context of a remote sales system through telematic tools, organized by the Supplier.
1.2. The term "Buyer" means the consumer who is the physical person who makes the purchase, as per this contract, for purposes not related to the commercial or professional activity carried out. 1.3. The term "Supplier" refers to the subject indicated in the epigraph or the subject providing information services.
2. Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely acquires the tangible movable goods indicated and offered for sale on the website www.padrenostrogioielli.com
2.2. The products referred to in the previous point are shown on the web page (catalog web page).
3. Method of stipulation of the contract
The contract between the Supplier and the Purchaser is concluded exclusively through the internet through the Buyer's access to the address www.padrenostrogioielli.com, where, following the procedures indicated, the Purchaser will arrive to formalize the proposal for the purchase of goods the contract for the purchase of the assets referred to in paragraph 1 of the previous article. These conditions regulate the sale and supply of products from Non solo gioielli srls to the user. The sending of the order by the user implies the acceptance by the latter of the present conditions of sale. Not only jewels srls can modify these conditions in the future: in the eventuality the user will be informed by a notice that will be published on our site.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the adhesion sent online or by completing the form / form attached to the online electronic catalog at the address (http: / /www.padrenostrogioielli.com) and the subsequent submission of the form / form itself, always after viewing a web page of the order summary, printable, which contains the details of the ordering and ordering, the price of the asset purchased, shipping costs and any additional charges, payment methods and terms, the address where the goods will be delivered, delivery times and the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable confirmation and summary web page containing the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in defect of what indicated in the previous point.
4.4 The ordinary procedure does not end positively if the delivery address is difficult to find at the address indicated for delivery: in this case, the customer will be notified to make direct contact and find an alternative way to proceed.
5. Method of payment and reimbursement
5.1. Each payment by the Purchaser can be made only by one of the methods indicated in the appropriate web page by the Supplier.
5.2. Any refund to the Purchaser, permitted only in the cases expressly provided for by these general conditions of contract, will be credited by one of the methods proposed by the Supplier and, in the event of exercising the right of withdrawal, as governed by Clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
6. Times and methods of delivery
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser from those indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.
6.2. Shipment times may vary depending on the shipping option chosen by the customer. In the event that the Supplier is not able to dispatch within that period but, in any case, within the one indicated in the following point, it will be given promptly
notice by e-mail to the Buyer.
6.3. The methods, times and shipping costs are clearly indicated and well highlighted at www.padrenostrogioielli.com. By accepting these general terms and conditions, the Purchaser renounces any dispute with reference to the clarity and transparency of the information referred to in point 6.2.
6.4. Not only jewels srls will deliver the ordered products to the address indicated by the Purchaser. All delivery times include estimates based exclusively on availability, the normal processing of the order and delivery times declared by the carriers: each product indicates, on its board, a standard time of availability (the word "classic" is, for example, "Shipped normally in 3 working days"). This is the minimum time needed to find the product from our suppliers and make it available for shipping. The actual time will depend on the behavior of the suppliers.
7.1. All sales prices of the products displayed and indicated on the website www.padrenostrogioielli.com are expressed in euro and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sales prices, referred to in the previous point, include VAT and any other tax.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
8. Availability of products
8.1. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the goods can no longer be booked or what are the waiting times to obtain the good chosen, asking if it intends to confirm the order or less.
9. Limitations of liability
9.1. The Supplier assumes no responsibility for disruptions due to force majeure, in the event he fails to execute the order within the time stipulated in the contract.
9.2. The Supplier can not be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside the control of its own or its sub-suppliers.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, since the Purchaser is entitled only to full repayment of the price paid and any accessory charges incurred .
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
10. Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1. The Supplier can not be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer he put the product in circulation, it still did not allow the product to be considered as defective.
10.2. No compensation will be due if the damaged person has been aware of the product's defect and of the danger that derives from it and nevertheless has voluntarily exposed itself to it.
10.3. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
The seller, however, is not liable for damages arising from: a) accidents, abuse, misuse, incorrect application, flooding, fire, earthquake or any other external cause; b) changes to the products or parts of them made without the consent of the Seller. The guarantee will not be operative in case any serial number of the product, where present at the origin, has been removed or made illegible. The Seller is not in any case responsible for any damages deriving from the use of the product for purposes other than those indicated by the manufacturer or typical of the product.
10.4. The injured person can claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the injured party.
10.5. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11. Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within the period of two years from delivery of the goods.
11.2. For the purpose of this contract it is assumed that consumer goods comply with the contract if,
where relevant, the following circumstances coexist: a) they are suitable for the use to which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; (c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made by the seller, producer or his agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller at the time of conclusion of the contract and that the seller has accepted also for concluding facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless there is proof to the contrary, it is presumed that the conformity defects that occur within six months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the defect of compliance.
11.5. In case of lack of conformity, the Purchaser may request, alternatively and without charge, the following conditions, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the the request is not objectively impossible to satisfy or is too expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with return receipt or by certified email, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven days working from the reception. In the same communication, if the Supplier has accepted the request of the Purchaser, he must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods.
12. Obligations of the Purchaser
12.1. The Purchaser undertakes to pay the price of the good purchased in the times and methods indicated in the contract.
12.2. The Buyer agrees, once the online purchase procedure is concluded, to provide for the printing and conservation of this contract.
12.3. The information contained in this contract have, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, as this step is mandatory before the purchase confirmation.
13. Right of withdrawal
13.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. The returned products must be returned together with the transport document, behind which the reason for the return must be written. Shipping by registered post is necessary. Shipping costs are the responsibility of the buyer, except in the case in which the same has received defective, damaged or incorrect products. The seller will make every diligent effort to replace damaged or defective products. If the replacement is not possible, the Seller's sole obligation is to reimburse the amount paid by the Purchaser, without prejudice to the Purchaser's rights.
13.3. In the event the Purchaser decides to make use of the right of withdrawal, he must inform the
seller by registered mail with acknowledgment of receipt to the address that will be communicated later by e-mail to email@example.com, provided that such communications are confirmed by sending a registered letter with return receipt
to the address Non solo gioielli srls - via Genoino 80 - Frattamaggiore (Na), within 48 (forty-eight) hours
For the purpose of exercising the right of withdrawal, the communication may be validly replaced by the return of the purchased goods, provided that they are in the same terms and always by registered mail. The delivery date to the post office or to the forwarder will be valid between the parties.
13.4. The return of the goods must however take place at the latest within 30 (thirty) days from
date of receipt of the asset itself. In any case, to be entitled to full reimbursement of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5. The only expenses payable by the consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
13.6. The Supplier will provide for free reimbursement of the full amount paid by the Buyer
within 30 (thirty) days from receipt of the notice of withdrawal.
13.7. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, without prejudice to the provisions of the previous points of this article.
14. Causes of termination
14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the good
end of the payment that the Purchaser carries out with the means referred to in art. 5.1, are of an essential nature, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by fortuitous or force majeure, will result in the termination of the contract as per art.1456 c.c., without the need for a judicial decision.
15. Protection of privacy and processing of Buyer data
15.1. The Supplier protects the privacy of its customers and ensures that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. June 30, 2003, n. 1961.
15.2. Personal and fiscal personal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper form, computerized, telematic, in relation to the processing methods, with the purpose of registering the order and activating against the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b) of Legislative Decree 196/2003) 22.
15.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to disclose it to unauthorized persons, or to use it for purposes other than those for which it was collected or to transmit it to third parties, except as provided by :
1 General Provision of the Guarantor for the protection of personal data Simplifications of certain obligations in the public and private sphere with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, no. 152.
2 General Provision of the Guarantor for the protection of personal data Practical guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette of 21 June 2007, no. 142. Such data may be presented only upon request by the judicial authority or by other authorities authorized by law.
15.5. The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree no. 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where this fulfillment is it proves impossible or involves a use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part, for legitimate reasons to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request can not be carried out.
15.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be safe.
15.8. Holder of the collection and processing of personal data, is the Supplier, to which the buyer can direct, at the company headquarters, every request.
15.9. Anything sent to the Supplier's e-mail address (including electronic) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case can not be attributed to the Supplier any responsibility on the content of the messages themselves.
16. Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that every order sent is kept in digital / paper form on the server / at the Supplier's premises, according to criteria of confidentiality and security.
17. Communications and complaints
17.1. Written communications to the Supplier and any complaints will be considered valid
only if sent to the following address firstname.lastname@example.org. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes to receive communications from the Supplier.
18. Settlement of disputes
18.1. All disputes arising from this contract will be devolved to an attempt at conciliation with the Mediation Body of the Chamber of Commerce of Naples and resolved according to the Conciliation Rules adopted by the same.
18.2. In the absence of conciliation, all disputes arising from the contract will be referred to the Arbitration Chamber of Naples and resolved according to the conciliation regulation adopted by the same.
18.3. If the Parties intend to refer to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the consumer, which is mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
19. Applicable law and postponement
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for here are the legal provisions applicable to the relationships and the cases provided for in this contract, and in particular the art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 cod. Cons., the rules contained in Part III, Title III, Chapter I, cod. cons
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
A - I DO NOT ACCEPT THE CONDITIONS ABOVE
B - I ACCEPT THE CONDITIONS ABOVE
Processing of personal data for your purchases
Not only jewels srls guarantees you the utmost confidentiality on the information and data that you released when registering for your purchases. When you place an order, we need your name, e-mail address and payment details. This information is mandatory and allows us to process and execute your order.
Security in payments
On Not only jewels srls your payments are protected with Paypal, and an advanced system of defense of data on the net with Wix. All payment data provided during the order will be encrypted, to make them unreadable in case of interception. In this way all the data relating to the charges and the details of the credit card are protected. If it happens that a transaction on Non solo gioielli srls was due to unauthorized use of your credit card, follow the complaint procedure in force at the company that manages your card and contact us immediately. In most cases, the costs resulting from unauthorized use of the credit card are reimbursed by the company that manages the credit service.
The company Non solo gioielli srls informs the user who is the consumer qualification referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which established a European platform for online resolution of consumer disputes (eg ODR platform). The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/main/?event=main.home.show;
through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure of the dispute in which it is involved.