TERMS AND CONDITIONS OF SALE
- Introduction
1.1 These general conditions of sale (the General Conditions of Sale) govern the methods of on-line sale of the precious "Gismondi 1754" (the Products or the Product) by Stelle S.r.l., VAT no. 01883350991, with its registered office in Genoa (GE), Via Galata 74R (Stelle) through the website shop.gismondi1754.com (the Site).
1.2 All contractual relationships between Stelle and any person making purchases on the Site (the Customer) are governed by these General Conditions of Sale, which form an integral and substantial part of any proposal, order and purchase order confirmation of the Products.
1.3 Each purchase transaction will be governed by Legislative Decree 185/99 and Legislative Decree 206/05, as amended by Legislative Decree 21/2014. The information aimed at the conclusion of the contract will be subject to Article 12 of Legislative Decree 70/03 and, regarding the protection of confidentiality, EU Regulation 2016/679 (the GDPR) will be applicable.
1.4 These General Conditions of Sale are valid for all orders and shipments made through the Site and can also be viewed and saved in pdf version. The General Terms and Conditions of Sale may be modified at any time by Stelle, without prejudice to sales operations already completed.
1.5 Registration is allowed only to Customer, who have already reached the age of majority and who use the Site for purposes not related to their commercial, entrepreneurial or professional activity.
- Registration
2.1 To make purchases through the Site, the Customer must register with the Site by approving these General Conditions of Sale. Failure to accept these General Conditions of Sale makes it impossible to make purchases on the Site.
2.2 Registration on the Site is free. To register, the Customer must fill in the registration form, entering name, surname, e-mail address and creating a password to access his/her personal area (the Registration Credentials). Registration is confirmed by e-mail sent to the address provided by the Customer.
2.3 Registration Credentials must be used only by the Customer and may not be transferred to third parties. The Customer must notify Stelle without delay in case of suspected misuse of the Registration Credentials. The Customer may change the Registration Credentials at any time by sending a request via email to the following address: ecommerce@gismondi1754.com.
2.4 The Customer warrants that the Registration Credentials provided during the Site registration process are complete, correct and truthful. The Customer agrees to indemnify and hold Stelle harmless from any compensation obligation, sanction deriving and/or in any way connected to the Customer's violation of the rules on registration to the Site. The Customer is solely responsible for accessing the Site through the Registration Credentials and is directly liable for any damage or injury caused to Stelle or third parties by improper use, loss, misappropriation by others or failure to protect an adequate secrecy of its Registration Credentials. All operations carried out through the Registration Credentials are considered to be carried out by the Customer to whom the Registration Credentials refer.
2.5 It is possible to make a single registration per Customer. Multiple registrations will be deleted.
2.6 Stelle reserves the right to refuse, at its sole discretion, the registration of any Customer. Stelle also reserves the right not to accept any order abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site.
2.7 The Customer may at any time cancel his or her subscription to the Site by sending a request via email to the following address: ecommerce@gismondi1754.com.
- Pre-contractual information
3.1 Before the conclusion of the purchase contract, the Customer shall examine the characteristics of the Products that are illustrated in the individual product sheets at the time of the Customer's choice.
3.2 Before the conclusion of the purchase contract and before the validation of the order, the Customer is informed about:
- total price of the Products including taxes, with details of shipping costs and any other costs;
- method of payment;
- term within which Stelle undertakes to deliver the Products;
- conditions, terms and procedures for exercising the right of withdrawal (article 11 of these General Conditions of Sale) and the standard withdrawal form in Annex I, part B of Legislative Decree 21/2014;
- information that the Customer shall bear the cost of returning the Products in case of withdrawal;
- existence of the legal guarantee of conformity for the Products purchased;
- after-sales service conditions and commercial guarantees provided by Stelle.
3.3 The Customer may at any time and in any case before the conclusion of the contract, take knowledge of the information relating to Stelle, the address, the telephone number, the e-mail address, information that is reported, even below:
Stelle S.r.l. unipersonale
Via Galta 74R, Genova (GE)
+39 010 8691098
3.4 Under D. lgs.70/03, Stelle informs the Customer that:
- in order to conclude the contract for the purchase of one or more Products on the Site, the Customer must fill in an electronic order form and send it to Stelle in the manner showed on the Site;
- before proceeding with the transmission of the order form, the Customer may identify and correct any data entry errors by following the instructions showed on the Site from time to time and which will accompany the different phases of the purchase;
- once the order form has been registered, it will be stored in the Site's database for the time necessary to process the order and, in any case, within the terms of the law. To access the order form, the Customer may consult the “Account” section of the Site where he will find a list of all the orders placed.
- Conclusion of the contract and acceptance of the general conditions of sale
4.1 The contracts for the sale of the Products on the Site must be considered concluded with the acceptance, which may be even partial, of the order by Stelle. Such acceptance is communicated by e-mail, as better stated in clause 6.3. By placing an order in the manner provided, the Customer declares to have read all the information provided to him during the purchase procedure and to fully accept the general conditions of payment transcribed below.
4.2 Before submitting his purchase order, the Customer is required to read these General Conditions of Sale carefully. The submission of the purchase order implies their full knowledge and acceptance.
4.3 Once the on-line purchase procedure has been completed, the Customer will print or save an electronic copy and, in any case, keep these sales conditions in compliance with articles 50 and following articles of Legislative Decree 206/05.
4.4 Any right of the Customer to damages or compensation is excluded, and any contractual or non-contractual liability for direct or indirect damages to persons, property and/or animals, attributable to the non-acceptance, even partial, of an order by Stelle.
- Order definition
5.1 By sending the order online, the Customer sends to Stelle a proposal to purchase the Product and/or Products included in the so-called "cart" which is a tool accessible on the Site, after registration, to all users registered on the Site (the Cart). When the Customer places an online order for the Products that he or she has placed in the Cart, he or she agrees to purchase them at the price stated in the information sheet and the terms contained in these General Conditions of Sale. Stelle will communicate to the Customer by e-mail the acceptance and confirmation of the order under clause 6.3 below.
5.2 In particular, Stelle will not accept orders:
- if the Product at the time of ordering is not in stock; and/or
- if the Customer cannot or does not wish to pay using one of the payment methods stated in Article 10 below.
- Methods of purchase
6.1 The Customer may only purchase the Products present in the electronic catalogue of the Site at the time of placing the order, as described in the relevant information sheets. It is understood that the image accompanying the Product description sheet may not be perfectly representative of its external characteristics but may differ in colour, size and accessory products shown in the figure. All the informations supporting the purchase are to be understood as simple generic information, not referable to the real characteristics of each single package of the Product.
6.2 Before submitting the purchase order, the Cart will summarize the unit cost of each Product selected, the total cost in case of purchase of over one Product and the related shipping costs, if applicable as showed on the Site.
6.3 The purchase of the Product and the correct receipt of the order are confirmed by Stelle by an e-mail message confirming receipt of the purchase order (the Confirmation Message) and containing information relating to the main characteristics of the Product and/or Products purchased, a detailed indication of the price, costs and delivery times, applicable taxes and means of payment and containing a reference to the general conditions of contract and information on the existence of the right of withdrawal and the conditions and methods of its exercise displayed on the Site. The Confirmation Message will repurpose all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate to Stelle any corrections to be made.
6.4 In case of non-acceptance of the order by Stelle, the same guarantees timely communication to the Customer.
- Availability
The Products offered on the Site are limited in number and may be sold at discounted prices. It may therefore happen that the Product ordered is no longer available after the purchase order has been registered. In any case of unavailability of the ordered Product, the Customer will be promptly informed by e-mail and the purchase order will be cancelled. If the payment has already been made, Stelle will refund the Customer within 30 (thirty) days from the day after the order has been sent.
- Prices
8.1 All sales prices of the Products showed on the Site are expressed in Euro and include Taxes.
8.2 Shipping costs are not included in the purchase price but are indicated and calculated at the time of completion of the purchase process before they make payment.
8.3 The Customer accepts Stelle's right to change its prices at any time, however the Product will be invoiced on the basis of the prices showed on the site at the time the order is created and stated in the confirmation email sent by Stelle to the Customer.
8.4 In the event of a computer, manual, technical, or any other error that could lead to a substantial change, not foreseen by Stelle, in the sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the Customer will be refunded within 14 (fourteen) days from the day of cancellation.
- Methods of payment
9.1 The Customer may make the payment due by choosing one of the methods listed below:
(i) Credit card: in case of purchase of the Product with credit card payment methods, the credit card is charged at the same time as the order is processed. Stelle reserves the right to ask the Customer for additional information (e.g. telephone number) or to send a copy of documents proving the ownership of the payment made. In the absence of the required documentation, Stelle reserves the right not to accept the order. At no time during the purchase procedure Stelle comes into possession or is able to know the information regarding the buyer's credit card, transmitted via secure connection directly to the bank that manages the transaction as described on the Site.
(ii) PayPal: in the case of a purchase of the Product with PayPal payment methods, it makes the charge at the same time as the order is processed. Stelle reserves the right to request additional information from the Customer (for example, the telephone number) or to send a copy of documents proving the ownership of the payment made.
- Shipping and Delivery of Products
10.1 Stelle accepts orders only with shipment to the following territory: Schengen territory.
10.2 For each order placed on the Site, Stelle issues an invoice or tax receipt accompanying the material shipped. For issuing the fiscal document, the information provided by the Customer at the time of the order shall be used as proof. After issuing the fiscal document, it will not be possible to change the same.
10.3 Except for promotions specified on the Site, the shipping costs, showed on the Site, shall be borne by the Customer and are clearly stated when placing the order. Nothing is owed by the Customer in addition to the total amount of the order, which also includes shipping costs.
10.4 The Site shows the estimated time for the execution of the order and the delivery of the purchased Products to the Customer.
10.5 In any case, Stelle will not be responsible for the shipment of the Products subject to the order, which will instead be made by courier (the Carrier) as showed on the Site and no liability can be attributed to Stelle in case of delay by the Carrier or in relation to any other event or circumstance relating to the shipment of the Products by the Carrier.
10.6 For the delivery of the Products, the Customer must provide all the necessary information, including the shipping address and telephone number of the person to whom the Product must be delivered, if different from the person placing the order. Delivery will be made only in the hands of the addressee showed by the Customer at the time of filling in the purchase order and on the waybill. The Carrier reserves the right to ask the consignee for a suitable identification document.
10.7 Upon delivery of the Products by the Carrier, the Customer is required to check that:
- the number of packages delivered corresponds to the number showed on the invoice;
- the packaging is undamaged, wet or otherwise altered, even in the sealing materials (adhesive tape or strapping).
Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications, must be immediately reported to the Carrier, by putting a written control reserve (specifying the reason for the reserve, for example, "perforated packaging", "crushed packaging", etc.) on the Carrier's proof of delivery. Once the Carrier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of the goods delivered.
10.8 In the event of non-delivery due to the absence of the consignee, at the address stated in the order, the Carrier will leave a notice and try again; if the consignee is still absent, the Product will be returned to Stelle.
- Right of withdrawal
11.1 Under articles 52 et seq. of Legislative Decree 206/05, the Customer may withdraw from the purchase contract for any reason, without explanation and without penalty (the Withdrawal).
11.2 To exercise the Withdrawal, the Customer, within 14 (fourteen) days from receipt of the Product, must send to Stelle a written communication only by the appropriate withdrawal form on the Site (the Withdrawal Form).
11.3 Following the exercise of the Withdrawal in the manner provided for in article 11.2 of these General Conditions of Sale, the Client must return the Product to Stelle within 14 (fourteen) days from the date of communication of the Withdrawal to Stelle. The Product must be returned to Stelle complete with all accessories, instruction manuals and everything originally delivered to the Customer, and packed in its original packaging. A copy of the electronic order receipt must be attached to the returned Product. The costs of returning the Product to Stelle shall be borne by the Customer.
11.4 Under paragraph 1 of Article 56 of Legislative Decree no. 206/05, Stelle will reimburse all payments received from the Client without undue delay and in any case within 14 (fourteen) days from the communication of the Withdrawal. If the Product is to be returned, Stelle will proceed, under paragraph 3 of article 56 of the Consumer Code, to re-credit the Customer with the amount only after the return of the Product and only after having verified its integrity. The refund will be made in the same manner in which the Customer made the payment. In case of payment by PayPal or credit card, the refund will be made on the same card used for the purchase. Stelle has no power to intervene regarding the timing of re-credit, which are at the discretion of the bank of reference and PayPal.
11.5 The Withdrawal is in any case subject to the following conditions:
- the Withdrawal applies to the Product purchased in its entirety; it is not possible to exercise the Withdrawal only on part of the purchased Product;
- The Withdrawal does not apply to customised products or clearly personalised (e.g. engraved stones, rings with specific size, etc.);
- in compliance with article 59, first paragraph, letter b) of the Consumer Code, the Withdrawal does not apply in the case of Products (mostly gold, precious gems, pearls, etc.) whose price is linked to fluctuations in the financial market;
- the purchased Product must be intact and returned in its original packaging, complete in all its parts (otherwise, under paragraph 2 of Article 57 of Legislative Decree no. 206/05, the Customer will be responsible for the reduction in value of the Products resulting from manipulation of the same other than that necessary to establish the nature, characteristics and operation of the Products);
- upon its arrival in the warehouse, the Product will be examined to assess any damage or tampering not resulting from transportation.
In case of lack of the conditions for the valid Withdrawal, the Product will remain at Stelle's warehouse at the Customer's disposal for the withdrawal at his exclusive charge.
- Warrants
12.1 All products sold by Stelle are covered by the manufacturer's conventional warranty, where present, and by the 24 (twenty-four) month warranty for defects of conformity, under Legislative Decree 206/05. To benefit from the warranty service, the Customer must keep the invoice.
12.2 The warranty of 24 (twenty-four) months under Legislative Decree 206/05 applies to the Product that presents a lack of conformity, provided that the Product is used correctly, in compliance with its intended use and in the attached technical report. This guarantee is reserved for private consumers. In case of lack of conformity, Stelle shall, without charge to the Customer, restore the conformity of the Product by replacing the Product with a new one or, in case of stock depletion, of equivalent characteristics and commercial value.
12.3 Where the application of the guarantees provides for the return of the Product, the Customer must return the Product in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). Conformity defects may be reported in the same manner as those applicable to the right of withdrawal, to the following e-mail address: ecommerce@gismondi1754.com.
- Termination clause
In the event of total or partial non-payment of the purchase price of the Product, Stelle reserves the right to declare, under article 1456 of the Italian Civil Code, that these General Conditions of Sale have been terminated by sending a written notice to the Customer's e-mail address.
- Obligations and responsibilities of Stelle
14.1 Stelle undertakes to correct all errors in the description of the products offered on the Site, as soon as possible, starting from the Customer's report of the same. The report of such errors can be sent to the following address ecommerce@gismondi1754.com.
14.2 Stelle shall not be liable in case of damage, of any nature whatsoever, deriving from the use of the Product improperly and/or not under the instructions provided by the manufacturer and in case of damage deriving from unforeseeable circumstances or force majeure.
14.3 Stelle shall not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature whatsoever arising out of or in any way connected with contracts subject to the General Conditions of Sale.
14.4 The liability of Stelle, in any case, may not exceed the total value of the purchase order.
14.5 Under no circumstances may Stelle be held liable for the non-fulfilment of any of the obligations deriving from contracts subject to the General Conditions of Sale if the non-fulfilment is caused by unforeseeable circumstances and/or force majeure, including, for example, natural disasters, terrorist acts, network malfunctions and/or blackouts.
- Suspension of the Service
15.1 Stelle reserves the right to temporarily suspend, with no prior notice, the provision of services on the Site for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the same services and for the ordinary and extraordinary maintenance of the Site, its contents and functions.
15.2 Stelle reserves the right to temporarily suspend, with no prior notice, the provision of services on the Site for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the same services and for the ordinary and extraordinary maintenance of the Site, its contents and functions.
- Site content and intellectual property rights
The contents of the Site, such as, for example, images, graphics, photographs, writings, documentation, sounds, videos and any other material, in any format, including all web pages of the Site (the Intellectual Property), are the exclusive property of Stelle and of the other owners of the rights and these General Conditions of Sale do not constitute any right of the Customer. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the Intellectual Property is prohibited. Under no circumstances may the Customer alter, change, modify or adapt the Site, nor the material made available by Stelle.
- Applicable law and Jurisdiction
The sales contract between Stelle and the Customer, referred to in these General Conditions of Sale, is concluded in Italy and governed by Italian law. For the resolution of any dispute arising from the conclusion of the distance sales contracts referred to in the Site and therefore referable to these General Conditions of Sale, the territorial jurisdiction is that of the court of reference of his town of residence while in all other cases, the territorial jurisdiction is exclusively that of the Court of Genoa.