CONDITIONS OF SALE
I. GENERAL PROVISIONS
The Online Shop present under the web address
www.gioielleriadepatto.com is managed by the Gold House De Patto company
sas, by De Patto Antonio & C. with headquarters in Corso V. Emanuele, 40 –
87023 Diamante (CS), registered in the Company Registry Office
at the Chamber of Commerce, at REA CS-123105; VAT no. 01909050781; address of
email: goldhousedepattosas@libero.it, telephone number of
contact: (+39) 0985 81222
This Regulation is intended for Customers
Consumers, as well as non-customers who use the Store
Online, Electronic Services or concluding the Sales Contract
(with the exception of point XII of the Regulation intended exclusively for
Non-Consumer Customers).
The acceptance of the Regulations by the
Customer is voluntary but essential for the submission of an Order.
II. CONDITIONS FOR ENTERING INTO THE SALES CONTRACT
The main performance characteristics
of service, taking into account the object of this service and the
methods of communication with the Customer are defined on the page
of each Product.
The Seller makes the presentation possible
of Orders via:
The Online Store;
The conclusion of the Sales Contract is
following the submission of the Order by the Customer.
The Seller allows the Customer to
submission of the Order via the Online Shop in the following way:
The Customer adds the selected Product to
Cart, after which you are required to fill in the Order form.
The Customer must complete the form
of the Order independently indicating the personal data necessary for the
stipulation and fulfillment of the Sales Contract, where they
are mandatory. In any case, the indication of data is not current
or untrue may preclude the conclusion of the Contract. In the
on the Order form it is mandatory for the Customer to indicate the following
data: name and surname, address (street, house number, postal code,
city, country), email address, contact number
telephone number and data relating to the Sales Contract: Product(s), quantity
of Product(s), where available: species, color and size of Product,
place and method of shipment of Product(s), payment method. In case
of non-consumer customers it is also necessary to indicate data such as name
company, and if they have requested the issuing of a VAT invoice
included, – company tax code and VAT number.
The Customer selects the payment method of
Price and any other aggregate costs resulting from the form
Order relating to the implementation of the Sales Contract.
The Customer forwards the Order to the Seller
(submits the request) via the features of the Online Store
available for this purpose (the “CONCLETE ORDER” button).
It is essential that the Customer accepts the Regulations in advance,
therefore the Customer is invited to read it carefully.
During the presentation of the Order, until
Customer does not click on the "CONCLETE ORDER" button, it is possible
independently modify the data entered in the "Cart" panel
adding or removing a particular item from the Cart.
The Seller, in response to the Order, forwards
a notification promptly to the e-mail address indicated by the Customer
automatic with confirmation of receipt of the Order and its verification.
After verifying the Order, without undue delay
delay, the Seller forwards to the indicated email address of the Customer
a message containing:
confirmation of acceptance of one or more
offers on Products, presented within the Order, as well as the
confirmation of the simultaneous conclusion of the Sales Contract
(approval of the Order based on the Products listed in the message);
or
information relating to the impossibility of
accept all offers on the Products presented within
of the Order, due to non-payment; or
the information referred to in the following point XI.6
with reference to the Customer to whom the provision of the following applies
point IV.5 (failure to take delivery).
The Sales Contract is concluded at the moment
of confirmation of the offer, or upon receipt by the Customer
of a specific message within the Products listed therein. The
Seller forwards confirmation of the conditions of the Contract to the Customer
of Sales to the e-mail address provided by the Customer.
In case the acceptance of all or some
offers presented within the Order is not possible, the
seller will contact the Customer for the purpose of:
inform the Customer of the lack of possibility
to accept all offers to stipulate the Sales Contract
presented within the Order; or
obtain confirmation from the Customer of their own
willingness to carry out the Order in the part in which the Seller has
agreed to accept offers to stipulate the Contract
Sale. In this case the Customer can cancel the entire Order
(containing all offers), which does not affect your right to
withdraw from the contract. Cancellation of the Order by the Customer
exempts the Seller from the obligation of its implementation.
In the case of acceptance of the request presented
within the Order the Sales Contract cannot be implemented
regarding the Products indicated by the seller will not be concluded, and the
Seller, without delay and no later than 14 days, returns to the Customer
all payments received relating to the part of the Sales Contract
not realized.
The Seller makes every effort to ensure access
to all Products and the fulfillment of the Sales Contract. If the
service cannot be achieved, the provisions of the
Civil Code on the impossibility of performance, whether attributable or
less to one of the parties. This may also include the obligation to repay
immediate in favor of the Customer by the Seller.
The entire Order includes the Price, the
shipping costs and any additional costs of services a
optional payments selected by the Customer.
Promotions in the Online Store are not
cumulative with each other, unless the provisions of the Promotion do not
clearly dictate the opposite.
III. PAYMENT METHODS AND TERMS FOR THE PRODUCT
Seller makes available to the Customer the
following forms of payment deriving from the Sales Contract, in
particular:
cash on delivery upon delivery of the goods;
by bank transfer to the current account of
Salesperson;
with electronic payment and credit card or
debt through authorized electronic payment systems, compliant
to the information presented on the Online Store website.
The current and available forms of payment
I am:
PayPal
Wire transfer
Banking
Paper
of credit
In the event of non-payment by the
Customer who has chosen to make payment before delivery,
or by bank transfer, electronic payment or credit card
credit or debit, the seller can contact the Customer to solicit
payment, including sending specific communication via e-mail. The
non-payment, within 4 days from the date of presentation
of the Order, and beyond 3 additional days, will result in cancellation
automatic of the request presented by the Customer in the form of the Order.
The Customer has the right to cancel the Order by logging in
contact with the Seller before its implementation and without assuming it
the consequences until you receive confirmation of actual shipment
of the package, which does not affect your right to withdraw from
contract.
If the Customer has selected the
cash on delivery, he is required to make the payment to
delivery of the goods. Failure to take delivery of the Product,
despite the indication of an additional expiry date, it is one
condition that terminates the Sales Contract. The Customer can
also, within the established deadline, cancel the Order without taking on the obligations
consequences, which does not affect your right to withdraw from
contract.
IV. PRICES, METHODS AND DELIVERY TERMS OF THE PRODUCT
Product shipping is available in
territory of the Italian Republic, including the islands. The cost of
Shipping is €15 but free for purchases over €150.
The shipment of the Product to the Customer includes the
coverage of the related costs, unless the parties have agreed on
contrary in the Sales Contract. The available shipping methods e
the expenses to be incurred are present in the checkout of the site, before the
conclusion of the order. The Seller can, in principle, put
available to the Customer, in particular the following methods
shipping and delivery of the Product:
shipping by courier.
The available shipping methods depend on the
payment method selected by the Customer.
The total time the Product waits for
Customer (delivery time) consists of preparing the Order
for shipment by the Seller and within the delivery time by the Seller
of the forwarder.
The Product must be delivered to the Customer
within 7 working days (Monday to Friday excluding holidays
provided by law). If the Order includes multiple Products with the
different delivery time, the longer term is taken as reference
long which in any case cannot exceed 7 working days
The preparation time of the Order for the
shipping by the Seller is approximately 3/4 working days and
is counted from the moment (starting date of the delivery time):
of posting the payment to the account
current of the Seller - if the Customer has selected the
payment by bank transfer, electronic payment system or
by credit or debit card.
of the conclusion of the Sales Contract –
if the Customer has selected payment by PayPal or Card
credit.
To the above time it is necessary to add the
delivery time of the Product by the shipper, which depends
by the shipping method selected by the Customer.
V. COMPLAINTS
The Seller is responsible to the
Customer if the Product sold is defective or does not comply with the
contract (legal guarantee), within the limits of civil law rules
applicable, with particular reference to the articles. 114-135 of the Code
of consumption.
The Products presented in the Online Store can
be subject to the commercial guarantee (of the manufacturer and of
distributor).
The Seller undertakes to deliver to the Customer
the Product is free from faults or defects.
The complaint can be submitted by the Customer in
paper form at the address: Corso V. Emanuele, 40 – 87023 Diamante
(CS). If the complaint concerns the Product, it is usually appropriate to
return of the subject of the complaint together with the description of the non
compliance in order to facilitate the Seller's examination procedure.
Specific information on free return methods
Complained product, made available to the Customer by the Seller, are
available on the Online Shop website in the tab: “Warranty
legal".
If the Product sold is found to be
defective, the Customer can:
ask for a price reduction or, in
alternative, withdrawal from the Sales Contract. The Customer does not
can terminate the contract in the event of an insignificant defect;
request the replacement of the Product with
other non-defective or the removal of the defect of the product received. The
Seller is required to replace the non-compliant Product with another one
exempt or remove the defect within a reasonable time and without further inconvenience
to the Customer, based on the applicable civil law rules.
The Customer, instead of deleting the
defect possibly offered by the Seller, can request the
replacement of the Product with another free from defects, unless the
restoration of the goods to the state compliant with the contract according to the
Consumer preferences, is not impossible or too expensive to respect
to the solution proposed by the Seller. When determining additional costs
to be supported, the value of the compliant Product is taken into consideration,
the type and importance of the non-compliance, and is also held
account of the inconvenience that could be caused to the Consumer with another solution.
The Customer is recommended to indicate in the
description of the nonconformity: (1) the information and circumstances
relating to the subject of the complaint, in particular the type and date
in which the non-conformity became known, (2) the request of
Customer to make the Product comply with the Sales Contract or
obtain a price reduction or declaration of intention to
exercise the withdrawal from the Sales Contract; as well as (3) the data of
contact of the complainant - this in order to facilitate and
speed up the procedures necessary to examine the complaint from
Salesperson. The aforementioned requirements take the form of recommendations and not
affect the effectiveness of the complaint presented without description.
The Seller undertakes to examine
promptly any Customer complaint, and in any case no later than 14 days
from the date of its receipt.
Just in case, in order to investigate the complaint
by the Seller or to exercise the powers of the Customer, arising
from the legal guarantee, it is necessary to return the Product to
Seller, the Customer is required to return the Product, at the expense of
Seller, for example at the address: via Risorgimento,7 87060
Mirto-Crosia (CS). Specific information on return methods
free of charge of the claimed Product made available to the Customer by the Seller
they can be found on the Online Shop website in the tab: “Warranty
legal".
YOU. RIGHT OF WITHDRAWAL FROM THE CONTRACT
The Consumer has the right to withdraw from a
contract stipulated remotely within 14 days of
calendar from its delivery (the calculation of the 14 day deadline for
the exercise of the right of withdrawal is carried out in the manner
“calendar”, starting, without counting it, from the day on which the
consumer takes possession of the product and continues up to the 14th
following day which must be counted in the deadline), without duty
specify the reasons. The only expenses payable by the consumer for
the exercise of withdrawal, pursuant to art. 67 of the Consumer Code,
are the direct costs of returning the goods. To respect the
deadline, it will be sufficient to send an adequate declaration before the deadline
to the Seller's address. The Consumer has the right to present
explicit declaration of withdrawal from the Sales Contract. For
the exercise of the right of withdrawal is classically used
registered mail return; however, any other means that provides certainty of
provenance of the declaration from the right holder, and proof of
receipt, is legally valid (e.g. PEC). The declaration
of withdrawal from the Sales Contract may be presented as follows:
in writing with
registered mail with return receipt to the address: Corso V. Emanuele, 40 – 87023 Diamante
(CS);
by email
to the e-mail address: goldhousedepattosas@libero.it;
through the form
withdrawal attached to this Regulation.
The Consumer will be able to use the form
standard for exercising the right of withdrawal, even though it is not
It is mandatory to follow this procedure.
The expected period for the event
declaration of withdrawal from the Sales Contract takes effect from the day on
to which the Consumer or a person indicated by him, excluding the company
of shipments, is in possession of the Product, and in the event that
Sales Contract:
includes multiple Products
delivered separately, partially or in multiple solutions - from the moment
in which the Consumer comes into possession of the last Product, of a
his part or lot; or
consists of delivery
regular of the Products during a certain period – from the moment in
in which the Consumer comes into possession of the first Product.
The valid exercise of the right of withdrawal from
Contract stipulated remotely terminates the obligations of
set off.
The Seller is required to refund all
payments received from the consumer, including delivery costs of
Product (without prejudice to additional costs, if the Customer has
expressly chosen a type of delivery other than the least expensive one
and standard offered by the Online Store), without undue delay and
in any case within 14 days from the day on which he is informed of the decision
of the consumer to withdraw from the contract.
The Seller carries out the refund using the
same means of payment used by the consumer, unless the
consumer has expressly agreed on other means and on the condition that
does not have to incur any additional costs. If the Seller does not
has offered to collect the Product from the Consumer, he may retain
refund until you have received the Product.
The Consumer is required to return the
Product to the Seller or transmit it to a person authorized by the Seller
to receive such goods, unless the Seller has offered to collect
the Product himself, without undue delay and no later than 14 days
from the day on which he communicated to the Seller his intention to withdraw
from the contract. The deadline is considered respected if the
return of the Product occurs before the expiry of the 14-month period
days. The Consumer may return the Product to the address: via
Risorgimento,7 87060 Mirto-Crosia (CS). Please attach if necessary
possible, confirmation of purchase of the Product.
The Consumer is responsible for the reduction
of the value of the Product resulting from a manipulation of the product
beyond the use necessary to establish the nature, characteristics and the
correct functioning of the Product.
The Consumer bears only the direct cost
of returning the Product.
The right of withdrawal from the contract stipulated a
distance is not applicable with reference to the following contracts:
of performance
service, if the Seller has provided the service with the
consent of the Consumer who has been previously informed about
loss of the right of withdrawal after execution of the service,
in which the price or the
remuneration are linked to fluctuations in the market that the Seller
is unable to control and which may occur before
expiry of the withdrawal period,
whose the object of the
performance is the non-prefabricated Product, produced according to the
indications of the Customer or which serves to satisfy his preferences
personal;
in which the object of the
performance is the Product that is at risk of deteriorating or altering
quickly;
in which the object of the
performance is the Product supplied in a sealed package which,
after opening, it cannot be returned for hygienic reasons or
related to health protection, if it was opened after
delivery;
in which the object of the
performance are Products that by nature are inseparable from others
goods after delivery;
in which the object of the
performance are alcoholic drinks for which the price has been agreed
at the time of conclusion of the Sales Contract and whose delivery
can only take place after 30 days and whose actual value depends on
fluctuations in the market that cannot be controlled by the
Salesperson;
in which the consumer has
specifically requested a visit by the Seller for the purposes of
urgent repair or maintenance work; if the Seller
provides services beyond those specifically requested by
consumer or supplies Products other than necessary spare parts
to carry out repairs or maintenance, the
right of withdrawal from such additional services or Products;
in which the object of the
performance are audio and visual recordings as well as programmes
IT products provided in a sealed container, if so
opened after delivery;
which concerns the supply of
newspapers, periodicals and magazines, with the exception of contracts
subscription for the supply of such publications;
stipulated through an auction
public;
of service provision
relating to accommodation for non-residential purposes, the transport of goods,
to car rental, catering, weather activities
free, if the contract provides for a date or period of
specific execution;
of content provision
digital via a non-material support, if the execution of the
service has been initiated with the explicit consent of the consumer
before the expiry date of the right of withdrawal and after it was
been informed by the Seller about the loss of the right of withdrawal which
would have resulted.
VII. PROCESSING OF PERSONAL DATA
The Customer's Personal Data is processed by
Seller who is to be considered the "Data Controller" of the data
personal. Below are some important aspects about the
processing of personal data by the Seller, but for information
more comprehensive, the user is now invited to read the
our Privacy Policy.
The indication of Personal Data from the Customer is
voluntary, but it is essential for the stipulation of the Contract
Sale.
The Seller uses technical means and
organizational to protect the Personal Data processed.
The Customer has the right to access his Data
Personal data and their modification and removal. Personal Data may
be modified or canceled by the Seller himself on the appropriate basis
customer request.
All Customer Personal Data returned
public through the Online Shop or collected in operation
of the Customer's online activity, may be processed by the
Seller for the achievement of certain purposes indicated in
forms available at the Online Shop and defined
in detail in the Privacy Policy. surrender
publishes on the Online Shop website.
VIII. PROVISIONS REGARDING NON-CONSUMER CUSTOMERS
This point of the Regulation and the
provisions included therein concern exclusively non-Consumer Customers.
The Seller has the right to withdraw from
Sales Contract concluded with the non-consumer Customer within 14
days from the date of its stipulation. Withdrawal from the Contract
Sale, in this case, can occur without indicating the reasons or not
entails no obligation for the non-Consumer Customer with respect to
Salesperson.
In the case of non-consumer customers, the
Seller has the right to limit the available forms of payment,
including the requirement for prepayment of part or all
charges regardless of the payment method selected by
Customer and from the stipulation of the Contract.
From the moment of receipt of the Product from
Seller to the shipping company, to the non-consumer customer
rights and duties related to the Product are attributed. In particular
the risk of accidental loss or damage to the Product is present
on the non-consumer customer; the Seller, in this case, does not assume the
liability for loss, defect or damage to the Product
due from the moment of receipt of the Product by the company
of shipping until delivery to the Customer, as well as the delay in
shipment transportation.
The legal guarantee of conformity of the
Product by the Seller towards the Customer not
Consumer.
Neither the Seller nor its employees,
authorized representatives and agents assume responsibility for
any damage suffered, including loss of profits towards the
Client, its subcontractors, employees, representatives and/or
authorized representatives, unless the damage has been caused
intentionally.
In each case attributable to liability
of the Seller, its employees, representatives and agents
authorized, no such liability towards the Customer
Consumer, regardless of the legal basis, is limited-
both for a single complaint and for each complaint in total - to the extent of
Price paid and shipping costs deriving from the last Contract
of Sale, in any case no more than 250.00 EUR.
Any dispute between the Seller and the Customer
non-Consumer will be entrusted to the competent court for the registered office of the
Salesperson.
With respect to non-consumer customers, the
Seller may, at any time, make changes to the Regulations
in accordance with generally binding regulations.