CONDIZIONI D’USO

Le Condizioni possono essere modificate in qualsiasi momento e senza preavviso e saranno immediatamente valide.

GENERAL CONDITIONS OF SALE

1. Premises and scope of the contract.

1. Della Spiga Gioielli è un marchio  di Olimpia srl, Via Carducci3/D – 24127 Bergamo, P.I. 02123560167  Iscritta REA Bergamo 265163.

2. Through the Site, consumer users (hereinafter, the Customers) can purchase, remotely and through the internet, the

goods (hereinafter, the Products) made available by the Seller on the Site.

3. The sale of the Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April

2003, n. 70, containing the regulation of electronic commerce.

4. These General Conditions of Sale (hereinafter, the Conditions of sale) apply to all sales of Products, made remotely and via the Internet through the Site, by the Seller to Customers.

5. The Products made available on the Site consist mainly of jewels and precious objects. The Products for sale are listed and described on the Site, in the section called “Shop”, and in the related subsections. The Buyer also has the opportunity to purchase, in the section of the Site called “Choketlab”, customized products based on their choices, starting from the elements made available by the Seller.

6. By “consumer” we mean the natural person who purchases goods and services for purposes that cannot be referred, either directly or medically, to any professional activity carried out.

7. The Seller reserves the right to update, modify or supplement the Conditions of Sale. The new conditions will take effect from the moment they are published on the Site or otherwise disclosed to the Customers and with the exception of the changes more favorable to the Customers, they will be applicable only to purchase orders sent by the Customers pursuant to point 2 of these Conditions sale after the date of publication.

8. In order to avoid any misunderstandings, Customers are invited to carefully read the Conditions of Sale every time they decide to purchase any product through the Site.

2. How to purchase products and register on the Site.

2.1 The Customer who wants to purchase a product on the Site can choose whether to register for free, by creating a personal account, or proceed according to the provisions of paragraphs 2.3 and following.

2.2. To register on the Site, the Customer must fill in the appropriate form, inserting name, surname, e-mail address and a password. The account thus created will remain valid for any subsequent purchases by the same user. Once the account has been created, the Customer can proceed to purchase products by logging in and following the instructions on the Site and in accordance with the conditions set out in the following points.

2.3 The purchase of the Products through the Site by the Customers takes place by selecting the desired items for sale, once they have been identified in the desired quantity and – where applicable – in the available qualities (eg size, color, materials, etc.) . The selected products will be listed in the Cart section (“Cart”). From here, through the Checkout button, it will be

possible to complete the order form.

2.4 When completing the order form, the Customer will have the possibility:

● to view the order summary and the total cost including shipping costs;

● to enter gift or discount codes;

● to follow the order status and shipment tracking;

● to possibly modify the quantity of the previously selected objects;

● to enter your e-mail address and shipping details;

● to select the shipping methods;

● to select the payment method and enter the relevant data;

● once all the data have been entered, confirm the order by clicking on the “Pay Now” button.

2.5 Until the time of final confirmation and forwarding of the order via the “Pay Now” button, the Customer will always have the opportunity to view the data entered and possibly modify them.

2.6 The registration credentials (e-mail address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Seller in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.

2.7 The Customer guarantees that the personal information provided during the purchase procedure and any registration on the Site are complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or penalty deriving from and / or in any a way connected to the violation by the Customer of the rules on registration on the Site or on the conservation of registration credentials

3. Information aimed at concluding the contract

3.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs Customers that:

● to conclude the purchase contract for one or more Products on the Site, the Customer must fill in an order form in electronic format and forward it to the Seller, electronically, following the instructions that will appear from time to time on the Site, as specified in previous point 2;

● the contract is concluded when the order form reaches the Seller’s server;

● before proceeding with the transmission of the order form, the Customer will be able to identify and correct any data entry errors by following the instructions on the Site at the various stages of the purchase, as specified in point 2 above;

● the order form will be stored in the Seller’s computer database for the time necessary to execute it and, in any case, in accordance with the law. The Customer will be able to access the order form and / or data relating to it through their personal account.

● The Seller undertakes to promptly reply to the orders received through an order confirmation that summarizes the general conditions applicable to the contract, the information relating to the essential characteristics of the asset, the detailed indication of the price, and all the information useful to the Customer to exercise their rights.

● The languages available to customers for the conclusion of the contract are Italian and English. Customer Service is able to communicate with Customers in the same languages.

4. Acceptance of the Conditions of Sale

4.1 These General Conditions of Sale are valid from the day of conclusion of the sales contract and may be updated, integrated or modified at any time by the Seller, as better specified in point 1.7.

4.2 These Conditions of sale must be examined by the Customer before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.

4.3 The Customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general and payment conditions illustrated below, declaring that he has read and accepted all the indications from he provided pursuant to the aforementioned regulations, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.

4.4 The acceptance of the conditions of sale must be expressed by completing all the sections of the electronic form correctly, following the instructions on the screen and, finally, selecting and, therefore, accepting the boxes with the words “I have read the Conditions General Sales and I accept them in full “.

5. Sales prices and shipping costs

5.1 The selling prices of the Products are expressed in euros and include VAT and all other taxes.

5.2 Shipping costs may vary in relation to the delivery method chosen and / or in relation to the payment method used.

5.3. Shipping costs will be specifically indicated (in Euros and inclusive of VAT) during the purchase process, before the Customer is bound by the contract, in the order summary and in the order confirmation e-mail.

5.4 The Seller reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the Customer will be the one indicated in the order summary, displayed by the Customer before placing the order, and that any changes (increase or decrease) subsequent to the transmission of the order will not be taken

into account for the order itself.

6. Methods of payment and purchase orders

6.1 Payment of the amount due for the purchase of Products through the Site can be made by credit card (VISA, Maestro), Paypal or Apple Pay. The payment methods not available will in any case not be selectable by the Customer during the appropriate phase of the purchase process.

6.2 The sales contract is decisively conditional on the successful completion of the payment, or in any case of the payment authorization, of the total amount indicated at the time of sending the purchase order. In the event that the payment does not take place or the payment authorization is not successful, the contract will be considered terminated by law. The Customer will be informed of this negative outcome by e-mail communication.

6.3 In case of suspicion of illegal activities related to the selected payment method, even based on the notification by its payment intermediaries, the Seller reserves the right to ask the Customer to insert a different payment method or an additional one; should the Customer not comply, the Seller can terminate the contract. 

6.4 Purchases on the website can also be made through the use of electronic Gift Cards (“E-Gift Card”). 

6.4.1 E-Gift Cards are prepaid vouchers issued by the Seller, which can be purchased by the Customers for various amounts and can be used exclusively for purchases on the website. The amount corresponding to each purchase is deducted from the E-Gift Card until exhaustion; the residual credit remains available for future purchases.

6.4.2 The purchase of E-Gift Cards is carried through the same means of payment available for the other purchases on the website. E-Gift Cards cannot be used for the purchase of additional E-Gift Cards.

6.4.3 To use an E-Gift Card, the Customer must insert the owner code in the appropriate field of the order form and click on the relevant button before forwarding the order. 

6.4.4  The credits associated with each E-Gift Card owned by the Customer can be combined to fulfill a single purchase order. If the credit associated with an E-Gift Card does not cover the full price of the order, the difference can be paid with any other applicable payment method.

6.4.5 To find out the residual credit associated with the E-Gift Card, the Customer can visit the relevant section of her/his personal account on the Site.

6.4.6 In case of suspicion of illegal activities related to the purchase/use of an E-Gift Card, the Seller has the right to require an additional method of payment or to close the Customer’s account.

6.4.7 E-Gift Cards are non refundable in cash.

6.4.8 The Customer has the right of withdrawal also in relation to the purchase of one or more Products through the use of an E-Gift Card, under the conditions and according to the procedures set out under point 8. However, the exercise of the right of withdrawal by the Customer for Products paid, partially or totally, with an E-Gift Card, will concern all Products purchased within the same order – therefore all of them must be returned. Should this be the case, the amount paid will be re-credited, for the amount paid with the E-Gift Card, on the E-Gift Card itself, while any additional amount paid with one of the other means of payment available on the Site will be refund to the Customer according to the rules set under point 8.

7. Delivery methods

7.1 The Seller will ship to the Customer, at the address indicated by the latter, the products selected and ordered, in the manner provided for in the previous articles. The average delivery time for national orders (Italy) with Standard delivery is 3-4 working days and with EXPRESS delivery is 2-3 working days. For shipments to the islands, it could take few more days. For international orders the average delivery time is 2-6 working days, but it can take up to 3 weeks, depending also on the customs policies of the country to which the shipment is made.

7.2 Upon receipt, the Purchaser is required to verify the conformity of the product delivered to him with the order placed.

7.3 No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.

7.4 The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to deliver the goods on time, the Customer having the right only to a refund of any price paid.

8. Right of withdrawal

8.1 In accordance with articles 52-59 of Legislative Decree 6 September 2005, n. 206, the Customer, as a consumer, can exercise the right of withdrawal, obtaining a refund of the price paid, except for shipping costs, Luxury Pack, goods made to measure or customized according to the Customer’s requests (such as goods that can be purchased and customized in the Choklet Lab section of the Site), by returning the goods received in their original packaging, without any manipulation of the goods other than that necessary to establish the nature and characteristics of the goods.

8.2 The Customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within fourteen days from the day of receipt of the goods or goods purchased. .

8.3 To exercise the right of withdrawal, the Customer must, within the term indicated in point 8.2, send an email to our costumer care.

8.4 Upon receipt of the notice of withdrawal, the Seller will without delay send to the Customer’s e-mail address the confirmation of receipt of the communication, as well as a prepaid label that the Customer can use to facilitate and speed up the return of the Product and the related instructions. Alternatively, the Customer can choose to independently organize the shipment for the return of the goods; in this case, the Seller will in no way be deemed to be in the shipment or its outcome.

8.5 The Customer, once the right of withdrawal has been exercised within the terms referred to in the preceding points, must return the goods, also by delivering them to a third party authorized by the Seller to receive the goods, without undue delay and in any case within fourteen days from the date in which he communicated to the Seller his decision to withdraw from the contract. This deadline is considered respected if the consumer sends the goods before the expiry of the fourteen-day period.

8.6 The Seller will reimburse all payments received from the Customer, without undue delay and in any case within fourteen days from the day on which it is informed of the consumer’s decision to withdraw from the contract. The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise and on condition that the Customer does not have to incur any costs as a consequence of the refund.

8.7 The cost of the return is charged to the customer. If the latter chooses to make use of the delivery method offered by the Seller, the cost of the return will be advanced by the Seller and consequently deducted from the amount to be reimbursed pursuant to the previous point 8.6. Alternatively, if the Customer explicitly chooses a type of delivery other than the least expensive type of delivery offered by the Seller, the latter will not be required to reimburse the Customer for any additional costs incurred.

8.8 The Customer is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and leaflets, with the original packaging, identification tags, labels and seal disposable, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product.

8.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the Customer, via e-mail, within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at the Customer’s disposal for collection, which must take place at the expense and under the responsibility of the Customer.

8.10 With regard to contracts concluded through the Site, the right of withdrawal is excluded for the supply of goods made to measure or clearly personalized.

8.11 The Customer who, within the same period of fourteen days from the delivery of the goods, wishes to replace the purchased Product with a different one available on the Site, can contact the Seller using the form available in the appropriate section on the Site. The Seller will provide within 48 hours to contact the Customer in order to provide him with all the necessary instructions. In case of replacement of the purchased goods with another Product, the shipping costs will be borne by the Seller for 50% of the total amount of these costs.  If, after a first return by the Customer, a further exchange of the Product already replaced is requested within the above deadline, the shipping costs relating to new exchange and to any subsequent ones will be fully charged to the Customer.
The Product replacement procedure is excluded for the supply of goods made to measure or clearly personalized.

8.12 The previous provisions referred to in this point 8 do not apply to consumers residing in countries that are not members of the European Union, to which the legislation of the country in which the consumer habitually resides will apply.

9. Legal Guarantee of Conformity

9.1 All products sold on the Site are covered by the legal guarantee of conformity provided for in Articles. 128-135 of the Consumer Code (” Legal Guarantee ”).

9.2 The Legal Guarantee is reserved for Customers, in their capacity as consumers as defined in point 1.6. Those who, even in violation of the General Conditions, have purchased on the Site and who do not act as consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the code. civil with the relative terms, forfeiture and limitations.

9.3 The Seller is liable to the Customer for any lack of conformity which exists at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. The Customer can use any of the contacts made available by the Seller on the Site to report the defect.

9.4 Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on the date of delivery of the goods, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of compliance. Subsequently, starting from the seventh month from the delivery of the Product, it will instead be the Customer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

9.5 To prove the delivery date of the Product, the Customer must take care to keep the order confirmation or any document certifying the purchase and the delivery date of the goods.

9.6 Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist: they are suitable for the use for which goods of the same type are normally used; they comply with the description made by the seller; possess the qualities of the good that the seller has presented to the consumer as a sample or model; 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 other circumstances; they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts.

9.7 Any damage caused by accidental events or by the Customer’s responsibility, or by use of the product that does not conform to its intended use, is therefore excluded from the scope of the Legal Guarantee.

9.8. There is also no lack of conformity if, at the time of conclusion of the contract, the consumer was aware of the defect and could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.

9.10 In the event of a lack of conformity promptly reported, the Customer has the right to restore, without charge, the conformity of the goods by repair or replacement; or, alternatively, an appropriate price reduction or termination of the contract.

9.11 The consumer can ask the seller, at his choice, to repair the good or replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.

9.12 For the purposes referred to in point 9.11, one of the two remedies must be considered excessively burdensome if it imposes unreasonable expenses on the seller compared to the other, taking into account the value that the asset would have if there was no lack of conformity, the extent of the defect of compliance and of the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.

9.13 In the event that a Product, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, the Customer must contact the Customer Service, using the contact details referred to in point 10 below. The Seller will promptly reply to the communication of the alleged lack of conformity and will indicate to the Customer the specific procedure to follow.

9.14 The Seller may in any case carry out all the necessary checks to ascertain the existence or otherwise of the lack of conformity complained of. The repair or replacement costs and the shipping costs will be borne by the Seller; otherwise, therefore in the absence of the conditions for the application of the Legal Guarantee, all costs, including shipping costs, will be charged to the Customer.

9.15 Pursuant to Legislative Decree 22 May 1999, n. 251, the Seller guarantees the precious metals that make up the Products by stamping the title of the fine content, expressed in thousandths, and the identification mark. In particular, with regard to gold, the legal titles, for each part of the objects, can be 750 thousandths (equal to 18 carats) or 375 thousandths (equal to 9 carats).

10. Customer assistance, communications and complaints

10.1 It is possible to request information and send communications and complaints to the Seller to the following contacts:

by e-mail: info@dellaspigagioielli.it;

via Whatsapp chat: tel: +39035217274

to any other contact indicated in the relevant section of the Site.

10.1 The Seller will respond to complaints by e-mail within a maximum period of two working days from receipt of the same.

11. Applicable law and competent court. Alternative Dispute Resolution / Online Dispute Resolution

11.1 Any dispute relating to the application, execution, interpretation and violation of the purchase contracts concluded through the Site are governed by Italian law. These Conditions of sale are reported, although not expressly provided therein, to Legislative Decree 6 September 2005, n. 206 (Consumer Code).

11.2 The application to Customers, in their capacity as consumers, who do not have their habitual residence in Italy, of the provisions provided for by the law of the country in which they have their habitual residence is reserved.

11.3 For any dispute relating to the application, execution and interpretation of these Conditions of sale, the court of the place where the Customer resides or has elected domicile is competent.

11.4 In the event of disputes arising from this contract or related to it, the Parties undertake to seek a fair and amicable settlement between them. In the event that it is not possible to resolve the dispute following the complaint presented directly by the Customer to the Seller, the latter will provide the Customer with information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these Conditions of Sale (so-called ADR Bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute itself .

11.5 The Seller informs the Customers, in their capacity as consumers residing in EU countries, that the Legislative Decree 6 August 2015, n. 130 (so-called Consumer Code) and the EU Regulation no. 524/2013, on the subject of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) have provided for legislation to favor the amicable resolution of online disputes between consumers and merchants, an alternative and supplementary to the mechanisms of ordinary jurisdiction. To this end, the European Union has prepared a European Online Dispute Resolution platform (so-called ODR platform), available at: http://ec.europa.eu/consumers/odr/. The consumer can, through this ODR platform, know the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure relating to a contract concluded online in which they are a party. Regardless of the outcome of the out-of-court dispute settlement procedure, the Customer’s rights to apply to the ordinary judge are reserved, and, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.

11.6 The Customer who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Conditions of sale, to the European procedure established for small disputes. entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

11.7 Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract and, in any case, the provisions of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Consumer Code).

Dati societari e proprietà

Della Spiga Gioielli è un marchio  di Olimpia srl, Via Carducci3/D – 24127 Bergamo, P.I. 02123560167  Iscritta REA Bergamo 265163.

Titolare e responsabili del trattamento

Titolare del trattamento è l’azienda Olimpia Srl  con sede a Bergamo in via Carducci 3 D in persona del legale rappresentante pro-tempore, Sito web www.dellaspigagioielli.it, E-mail: info@dellaspigagioielli.it. Responsabile del trattamento è il Responsabile della funzione privacy, reperibile ai recapiti della Società sopra indicati a cui Lei potrà rivolgersi per esercitare i diritti di cui all’articolo 7 del Codice Privacy il cui testo è interamente riportato nell’apposita sezione.

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