The buyer declares to be of age (aged 18 or above) and make his purchases fore purposes that do not concern his trade, business or profession.
The goods of the present general conditions are sold by Gina Corti, with headquarters in Arezzo, Loc. Bagnoro 56/7, registered with the Chamber of Commerce of Arezzo at n 163190 register, Fiscal Code CRT GNI 63R 61 390P VAT NUMBER 02120000514, hereinafter referred to as “supplier”. certified electronic mail address : firstname.lastname@example.org
1.1. The term “online sales contract” described a sales contract related to the provider’s goods, agreed upon with the Buyer under e-commerce, organized by the supplier.
1.2. The term “buyer” describes a consumer as a natural person who buys, under this contract, for purposes not related to his trade, business or profession.
1.3. The term “supplier” refers to the legal person stated in the inscription.
2. Subject of the contract
2.1. With the present agreement the supplier sells to the buyer who buys, through online consumer service, tangible movable property shown and offered for sale at www.francescabianchidesign.com , illustrated on the web http://www.francescabianchidesign.it/uploads/n.1.1_chevronai201718.pdf http://www.francescabianchidesign.it/uploads/n2.1_wavesai201718.pdf http://www.francescabianchidesign.it/uploads/n3.1cuoreai201718.pdf
3. Procedures for conclusion of the contract.
The contract between the supplier and the buyer is carried out exclusively through the internet with the buyer accessing at the address www.francescabianchidesign.com, by following the indicated procedures; the buyer may formalize the proposal, which aims to purchase the goods referred to in point 2 of the prior contract.
4. Completion and effectiveness of the agreement
4.1. The product presentation on the site constitutes an offer to purchase.
4.2 The products may be purchased upon selection of each one, by adding them to the “basket”, by clicking said button.
When the buyer has selected all the items that he intends to purchase, to place the order he must click the button “close your basket”.
A summary page of the selected products will appear, together with their price and options (and related costs) for delivery.
You will be prompted to choose the preferred solution for delivery, shipping and payment method. Through the “buy now” button, you will then place your order.
This order will be considered therefore as a contract proposal to purchase the products listed, each one considered individually. Upon receipt of the order, an “order acceptance” message will be automatically sent for (“order confirmation”). The order confirmation does not constitute acceptance of the proposed purchase, but only the acknowledgement of the order and it will undergo product availability and data verification process.
The sales contract will be closed only when a separate email will be sent which will also contain information related to the product shipment and the expected date of delivery (“Dispatch Confirmation”) to accept the proposed purchase.
4.3 The invoice will be sent electronically and the buyer accepts this form of document delivery.
5. Payment methods
5.1. Any payment made by the buyer may only be executed trough one of the methods indicated in the web page.
6. Delivery times and methods
6.1. The supplier will deliver the selected and ordered products, as indicated on the web site at the time of offer, as confirmed in the email referred to in point 4.2.
6.2. Shipping times may vary, roughly, from the very day of the order to a maximum of 10 working days from its confirmation. Stare decisis that the supplier is not responsible for delivery times.
6.3 In the website a phone number to get exact information on delivery time it’s at buyers disposal.
7.1. All product prices on www.francescabianchidesign.com are displayed and indicated in euro, VAT and any other tax burden included and constitutes a public offer in accordance with art. 1336 c.c
7.2. The shipping costs and any related charges (ex: customs clearance), if present, while not included in the purchase price, will be indicated and calculated in the checkout process, prior to the order being placed by the buyer and also contained in the summary of your order. In Italy, for purchases over € 200.00 shipping is free.
7.3. The prices indicated for each of the goods offered to the public are valid only as of the indicated date in the catalog and until they are exposed.
8. Availability of products
8.1. The supplier ensures through its electronic system the order processing and fulfillment without delay. For this purpose it indicates, in its electronic catalogue, the number of products available, those that are not available and shipping time.
8.2. Should an order exceed the existing amount in stock, the supplier, via email, shall disclose to the buyer if the good is no longer available or what the waiting time to obtain the chosen good is, and whether it will confirm the order or not.
8.3 In the website a phone number to get exact information regarding availability it’s at buyer’s disposal.
9. Limitation of liability
9.1. The supplier assumes no liability for disruptions caused by acts of god or in case it should fail to execute the order within the time stipulated in the contract for: courier related reasons or inconsistency of provided information with regard to the buyer’s place of delivery.
9.2. The supplier shall not be held responsible towards the buyer, except in case of willful default or serious misconduct, for malfunctions or disruption related to the use of internet outside of its or its subcontractor’.
9.3. The supplier in addition shall not be held responsible, for damages, losses and costs suffered by the buyer as a result of a breach of contract due to causes not attributable to the supplier, being the buyer only entitled to a full refund of the paid price and of any related accessory charges.
9.4. The supplier shall not be held responsible for any fraudulent and illegal use that may be made of credit cards, cheques and other payment methods, upon payment of the products purchased, provided that the buyer proves that he took all the possible precautions based on the best knowledge and experience and on the basis of all due diligence.
10. Warranty and support
10.1. The supplier will respond, excluding what mentioned in paragraph 10.3, for any lack of conformity which will arise within a period of two years from delivery.
10.2. For the purpose of this contract goods shall be presumed to be in conformity if the following circumstances are met: a) they are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect.
10.3 the supplier states that some of the goods for sale, especially jewelry, are completely handmade in Italy and might also be a unique product. These jewels are made of brass, hand-painted enamel and protected by Cataphoresis. Cataphoresis is an electrolytic process that protects the jewel and guarantees it from wear and oxidation. The finished creations are fully immersed in a galvanic bath (nano-ceramic cataphoresis) which gives the product a transparent coating consisting of ceramic microparticles.
The Slight imperfections or changes in colour are due to the handcrafting nature of the product.
In compliance with Italian legislative decree 206-6/9/2005, the vendor declares that all the jewels are made of hypoallergenic brass, nickel free and enamel. The direct contact with alcohol-based substances can damage the enamel and degrade it. Cataphoresis can browse in case of high skin acidity.
10.4 The buyer loses every right shall he not immediately advise the seller of the lack of conformity in the quickest way possible and not later than two months upon discovering the defect. The complaint is not required if the seller has acknowledged the existence of the defect.
10.5. In case of ascertained lack of conformity, the buyer may ask, without charge, under the conditions mentioned below, either the repair or replacement of the purchased goods, a reduction of the purchase price or termination of this agreement, unless the request is not objectively impossible to meet or is prohibitively expensive for the supplier in accordance with art. 130, paragraph 4, of the Codice del Consumo.
10.6. The request must be submitted as follows: in written form, by registered mail, by registered letter with notification of receipt or by certified mail, to the vendor, which will indicate its willingness to act on the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the supplier has accepted the buyer’s request, the supplier will indicate the method of delivery or return of the goods together with the timing needed to do so.
10.7. Shall the repair or the replacement be impossible, excessively expensive or the supplier has failed to repair or replace the goods within the time limit referred to in the preceding paragraph or, finally, replacement or repair previously made caused the buyer significant inconvenience, he may request, at his discretion, an appropriate price reduction or have the contract cancelled. In this case the buyer shall submit its request to the supplier, which will indicate its willingness to act in the same direction, or the reasons that prevent them from doing so, within seven working days of receipt.
If the supplier has accepted the buyer’s request , the price reduction proposal or how to return the defective goods shall be indicated In the same communication.
In these cases it will be the buyer to indicate the best way for him to receive the sum previously paid to the supplier.
10.8 In case of resolution the maximum refundable sum will be, once the object has been returned, equal to the price paid for the purchase, after expences.
11. Liability defect, proof of damage and damages compensation: the obligations of the supplier
11.1. Under articles. 114 et seq of the Codice del Consumo, the supplier shall be liable for damage caused by defects of the goods only if the claimant fails to communicate, within a period of three months from the request, the identity and address of the producer or of the person who supplied him with the good.
11.2. The above request, by the injured party, shall be written and must indicate exactly the product that caused the damage, the place and date of purchase. It shall also contain an image of the good, if it still exists.
11.3. the supplier shall not be held responsible for the consequences resulting from a defective product if the best knowledge and experience at the time on which the producer had issued product, did not allow to consider the product as defective.
11.4. No compensation shall be paid when the claimant is aware of the defect in the product and the danger entailed by it and yet he proceeds to a voluntary exposition to it.
11.5. Under all circumstances, the injured party must prove the fault, the damage and the causal relationship between defect and damage.
11.6 The damage as per art. 123 of the Codice del Consumo will, however, compensable only the damage that will exceed the sum of Euro threeundred and eighty seven,00 (387,00€).
12. Buyer’s obligations
12.1. The buyer agrees to pay the price of the purchased goods within the time and manner specified in the contract.
12.2. The buyer agrees, once the online purchase process is concluded, to the printing and preservation of this agreement.
12.3. The information contained in this agreement were already read and accepted by the buyer, as this acceptance is mandatory before purchase confirmation.
12.4 The buyer undertakes to provide all requested information, truthfully, exact and punctual, failing to do so will result in the loss of all forms of guarantee and protection.
13. Right to withdraw
13.1. The buyer has the right to withdraw from the contract without penalty, excluding the costs borne by the supplier without giving any reason, within 14 (fourteen) days from the receipt date of the purchased goods.
13.2. If the supplier has not fulfilled its obligations to inform the buyer on the existence, procedures and deadlines for the return or retiring of goods, the right of withdrawal art. 52 of the Codice del Consumo can be exercised within a period of 90 (ninety) days from the receipt date of the purchased goods.
13.3. In case the buyer decides to exercise the right of withdrawal, he must notify the supplier by letter with notification of receipt, to the address Loc. Bagnoro 56/7 by e-mail at email@example.com.
13.4. The return of the goods must be before 30 (thirty) days from the receipt date of the purchased goods. In any event, in order to be entitled to a full refund of the price paid, the goods must be returned intact and return shipping costs are buyer’s responsibility.
13.5 the withdrawal right shall not apply in the following cases:-tampering with seals or unsealed products;
-sealed goods that shall not be returned for hygienic-sanitary reasons.
-products that are used, damaged, not intact.
-products that are not appropriately placed in their packaging or are placed in such way that there are elements that imply that they have been worn and/or used
-for objects that are excluded from this list by law.
In the case in which it has been established that the right of withdrawal has been legitimately exercised, the supplier will refund within 30 days any items received, minus all of any expenses the supplier has borne.
13.6 With the communication receipt in which the buyer communicates that he will exercise the right of withdrawal, both parties are loosen from their mutual obligations, except as indicated in the paragraphs of this article.
14. Privacy and data protection
14.1. the supplier protects the privacy of its customers and ensures that the processing of personal information complies with the most recent privacy regulations act d.lgs. 30 June 2003, no. 1961.
14.2. Personal data collected directly and/or through third parties, customer support and data controllers, are collected and processed in ways such as printed, computerized and telematic, in compliance to processing methods, for the purpose of order registration, activation of procedures aimed at the contract execution, for necessary communications, to the fulfillment of any legal obligations and to enable the effective management of business relationships to the extent necessary to carry out the best out of the service requested by the buyer (article 24, paragraph 1, point b), d.lgs. 196/2003) 22.
14.3. The supplier agrees to treat as confidential, data and information transmitted by the buyer and not to disclose it to unauthorized personnel, nor use them for purposes other than those for which it was collected or transmit them to third parties.
15. Reserved Area for retailers
15.1 Non-consumers may have the opportunity to buy in different conditions throughout an appointed resellers area dedicated to them on the website. As a result of a request, the supplier will establish a direct contact; where on the basis of criteria provided by the supplier, (for informative and non limited purposes, distance from other salespeople) will be granted reselling license, the opportunity to access the reselling area based on the given reselling access credentials.
15.2 reseller purchases may also occur in the same way as for individuals, by bank transfer or credit card and the delivery is approximately 30-40 days, with shipping costs held by the retailer, being understood that each purchase should be for an amount higher than € 1,000.00 (euro one thousand)
15.3 It’s understood that for retailers the guidelines included in this contract of sale don’t apply and in particular all safeguards and warranties provided to the costumer by law don’t apply.
16. Court of Jurisdiction and Applicable Law
16.1 Should the parties wish to appeal to the ordinary judicial authority, the court of jurisdiction is the place of residence or domicile of choice of the consumer (if on the Italian territory), mandatory under art. 33, paragraph 2, letter u) cod. cons.
15.2. This agreement is governed by the Italian law.
A -I DO NOT AGREE TO THE THERMS AND CONDITIONS IN THE CONTRACT ABOVE.
B -I AGREE TO THE THERMS AND CONDITIONS IN THE CONTRACT ABOVE.