TERMS & CONDITIONS
ART. 1 DEFINITIONS
For the purposes of this contract:
Agent name: FerrariFirenze Srl with registered office in Sesto Fiorentino (FI) 50019, at via A. Gramsci n. 456, P. Iva 06163480483, email: firstname.lastname@example.org
Terms and conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Platform or Site: The Website www.ferrarifirenze.it
Users: any subject who accesses the Site and continues browsing
Customer: any person who purchases products sold through the Site
Consumer: a natural person acting for purposes other than professional activity
Professional: the natural or legal person who acts in the exercise of his business and commercial activity and who buys with VAT
Products: Retail, under Electronic Commerce regime, mainly jewellery
Purchase order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Cart.
Purchase: the onerous purchase of the above products from the day of the conclusion of the purchase.
Shopping cart: the stage of the purchase procedure in which the User formulates his purchase proposal, selecting the methods of payment, delivery of the goods and the like.
Electronic Commerce: particular mode of commerce, regulated in Italy by the Consumer Code and the Decree of electronic commerce, so that the two contracting parties conclude the distance contract through information society services without their simultaneous physical presence. Given the distance, the delivery of the products is not contextual and usually takes place by shipping through third-party operators (couriers/ forwarders).
ART. 2 SUBJECT MATTER
These Terms and Conditions of Sale concern the products referred to in art. 3 below and are valid between the Seller and any User who makes, a purchase on the Site as a Consumer pursuant to current regulations or as a Professional. If one of the conditions is found to be null and void, the nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
ART. 3 DESCRIPTION OF PRODUCTS
The Site deals with retail, under E-commerce regime, mainly jewellery such as, for example, rings, pendants, earrings and bracelets, all made in Italy and by hand, in 18 carat gold with use of diamonds, precious stones and precious seeds. All the products offered are described and illustrated on the Site, in the respective product sheets where are reported the single specifications and the list price. The images of the Products on the Site are for demonstration and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the real Product in particular for the oscillation of weight and carat. Given this particular mode of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if significant. The Seller offers a detailed guide on the measurements of the jewels through conversion table of the measurements of bracelets, necklaces and rings. In the event that the measure ordered is incorrect, the User can contact the Seller through the customer service by sending an email email@example.com. Each product is sent to the Customer with its warranty certificate.
ART. 4 PRICES
The prices of the Products are displayed in US dollars. The prices of the online store may vary. In such cases are considered the prices published at the time of the order on the online store.
ART. 5 REGISTRATION
In order to be able to make purchases at the Store of the Site, the User may make a special registration, through which to enter their personal data. The User is responsible for the truthfulness and correctness of the same.
In the case of registration, at the time of entering data, the User guarantees to:
- be of legal age and legal ability;
- meet the specific registration requirements for registration required at the time of registration;
- comply with all legal and contractual provisions applicable to these Terms and Conditions;
- be the rightful holder of the data entered, which shall be deemed to be true, correct and up-to-date.
The registration coincides with the opening of an account.
ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
By submitting the order form, the Customer acknowledges and declares to accept the Terms and Conditions in full and unconditionally, as well as to consent to the processing of their Personal Data.
The contract between the Seller and the Customer shall be deemed to be concluded with the acceptance of the Order by the Seller.
The acceptance of the Order will be communicated by the Seller to the Customer by email, sent to the email address communicated during the execution of the Order.
ART. 7 METHODS OF PAYMENT
Once the purchase order has been placed, the Customer undertakes to pay the price of the requested Products, taxes and ancillary expenses in accordance with the methods provided in the Site and actually available for the specific selected Products.
The payment methods generally available on the Site are as follows:
1) Credit card
If the Customer chooses to pay by credit card, the amount is charged directly on the same (Visa, Visa Electron, MasterCard). Customer information is confidential as no financial information is saved. A confirmation email will be sent to each transaction. In case of cancellation, the amount will be refunded to the Customer’s account.
2) Apple Pay
Apple Pay is a payment service provided by Apple, which allows the user to make online payments on websites and apps that support it using an IPhone 6 and above, an Apple Watch, Mac and iPad Air 2 and above.
3) Shop Pay
Shop Pay is an online payment service provided by Shopify International Ltd., which allows the User to record their payment, shipping and billing data for rapid check-in management out on the Shopify platform by using your credit card.
4) Google Pay
Google Pay is a service that allows you to make payments using cards saved in your Google account.
ART. 8 DELIVERY TIMES AND COSTS
The Seller will deliver the Products purchased by specialized carriers, with standard service. The Products are shipped on average after 4 weeks from purchase. In Italy are indicatively delivered within 5-7 working days and within 2/3 weeks abroad always from 4 weeks from the date of purchase. The above delivery terms are purely indicative and non-essential. Any variation to the above will be communicated promptly by e-mail to the customer. The cost of shipments is divided into three geographical bands and in the case of export of goods to non-EU countries, the related customs duties are borne by the Seller.
ART. 9 ORDER PROCESSING, SHIPMENT AND DELIVERY OF THE PRODUCT, TAX DOCUMENTS
At the time of shipment of the package, will be sent, by email, the tracking number that will allow you to follow the entire route of the shipment by going to the site of the carrier. The presence of the Customer is required at the time of delivery. The Customer must check that the packaging is intact and clean and that the Products received correspond to the Order Confirmation. In the event that a product arrives that has been damaged during transport or other than the one ordered, the Customer must document carefully with photography the stages of unpacking the goods, so as to be able to demonstrate any damage. The Customer may request the Seller by email to firstname.lastname@example.org the replacement and the Seller will collect at the Customer’s home and at his expense the product to be replaced and return the correct product. The Customer will only have to prepare the goods for collection carefully packed and complete with all its parts, including transport documents. In any case he will be contacted as soon as possible by the Seller to be informed about the time of replacement of the product.
ART. 10 RIGHT OF WITHDRAWAL
All purchases made by the Consumer Customer at the Site are covered by the warranty of the right of withdrawal, which gives the possibility to return, for any reason, the product purchased and to obtain a refund of expenses incurred within 14 days.
To exercise this right within 14 working days from the date of delivery of the goods it is sufficient to communicate to the Seller that he wants to withdraw in whole or in part from the purchase through any explicit declaration to that effect (for example by registered letter a/r, or by e-mail). Within the same period, the Customer must provide, using a shipping method of his choice, the shipment of goods reinserted in its original packaging, intact and in perfect condition complete with all its parts, including the presence of the warranty certificate and ‘RETURN TAG’ intact and/or not cut all carefully packed at the Seller’s premises. The package must include all the documents received. It is recommended to make an insurance against theft and damage from transport. Parcels on delivery will not be accepted.
The only expenses required are those related to the return of the product. Upon receipt of the goods, once verified the integrity of the returned Product including the warranty certificate, within 14 days at the latest, the Seller will refund the cost of the goods shipped. Expenses incurred for returning the goods are excluded from reimbursement. The refund will be made in the same payment methods chosen by the Customer. The risks of the transport for the return of the Products are fully borne by the Customer, as well as the costs necessary for the return of the Products subject to withdrawal. With the exception of the foregoing, please note that the Customer is responsible for the decrease in the value of the Products resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning.
The Customer acknowledges and expressly accepts that:
- the right of withdrawal does not apply to products received from more than 15 working days (in this case the return of the goods will be refused).
- the right of withdrawal cannot be exercised where the products purchased have the 'RETURN TAG' not intact and/or severed.
- the right of withdrawal cannot be exercised where the purchased products have been used, partly mounted, or modified the packaging because it must be closed exactly as received with the polystyrene protections, cardboard and everything that is part of the packaging, stored exactly as received.
The right of withdrawal is excluded for Professional Customers (purchase with VAT).
ART. 11 LEGAL GUARANTEE
If the Customer is a Consumer in case of receipt of Products that do not conform to the orders or defective has the right to the legal guarantee of 24 (twenty-four) months. In case of receipt of Products that do not comply with the orders or are defective, the Customer must notify the Seller by e-mail within 2 months of the discovery of the lack of conformity, including a photograph that attests the defects found. The Consumer is entitled to the restoration, free of charge, of the conformity of the goods by repair or replacement, or to an adequate reduction of the price unless the requested remedy is objectively impossible or excessively expensive compared to the other.
One of the two remedies should be considered too expensive if it imposes unreasonable costs on the Seller compared to the other, taking into account:
- a) the value the asset would have if there were no lack of conformity;
- b) the extent of the lack of conformity;
- c) the possibility that the alternative remedy can be experienced without significant inconvenience to the Consumer.
The Consumer may request, at his choice, a fair price reduction or the termination of the contract if one of the following situations occurs:
- a) repair and replacement are impossible or excessively expensive;
- b) the seller has not repaired or replaced the goods within the appropriate time limit;
- c) the replacement or repair previously carried out has caused considerable inconvenience to the Consumer.
The use of the asset shall be taken into account when determining the amount of the reduction or the sum to be refunded.
After notification of the lack of conformity, the seller may offer the Consumer any other remedy available, with the following effects:
- a) where the consumer has already requested a specific remedy, the seller shall remain obliged to implement it, with the necessary consequences with regard to the commencement of the appropriate period, unless the consumer accepts the alternative remedy proposed;
- b) if the consumer has not already requested a specific remedy, the Consumer must accept the proposal or reject it by choosing another remedy.
A minor lack of conformity for which it has not been possible or is excessively burdensome to seek redress or replacement remedies, does not give the right to terminate the contract.
If the Customer is a Professional, he is not entitled to the legal guarantee of compliance but only the legal guarantee provided by the Civil Code, therefore in the case of defects in the Products sold which render them unfit for use or are such as to appreciably diminish their value, the same may request the reduction of the price or the termination of the sale in the cases provided for by the same Civil Code and to this end must inform the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.
ART. 12 FORCE MAJEURE
The Seller assumes no liability for any disruption caused by force majeure, which would prevent, in whole or in part, the execution of the contract within the time provided. The Seller is not liable to the Customers for any damages, losses and costs incurred as a result of the failure or delayed execution of the contract, the Customer being entitled only to the refund of the price paid.
The Seller shall not be liable for any damage resulting from disconnections, interruptions of the Site, as well as for the loss of data resulting and attributable to the same.
In case of force majeure, the execution of the Order will be suspended. Such suspension may last for a maximum period of 3 (three) months, after which the Order will be automatically cancelled.
ART. 13 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, the relative sub-domains and all the intellectual and industrial property rights related to them, are the exclusive property of the Seller, are reserved to it and are neither transferred nor will be transferred or licensed in any case to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit also on other websites, transfer or otherwise make available to third parties for any reason or otherwise use for purposes other than conservation and/ or consultation of the Sites and/ or Site Content, without the prior express and formal approval by the Seller.
ART. 14 FAILURE TO EXERCISE A RIGHT
Failure by the Seller to exercise a right does not constitute a waiver of action against the Customer or against third parties for breach of commitments. The Seller reserves, therefore, the right to assert its rights in any case, within the terms granted.
ART. 15 PROCESSING OF PERSONAL DATA (PRIVACY)
ART. 16 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law.
Any dispute that may arise in relation to the validity, interpretation, execution and resolution between the contracts signed online by the Customer with the Seller will be the exclusive jurisdiction of the court of the place of residence of the Consumer (c.d. consumer forum). Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts signed online by the Client Professional with the Seller will be the exclusive competence of the Court of Florence.
ART. 17 DISPUTE SETTLEMENT
According to Article 49 paragraph 1 letter V of D. Lgs n. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation procedure (ADR).
Pursuant to art. 14 of Regulation 524/2013, in case of dispute, the Consumer Customer may submit a complaint through the ODR platform of the European Union. For more information, please contact the Seller.
For further information of any kind, please contact the Seller at the following addresses: email@example.com
Pursuant to art. 1341 and 1342 B.C., the Customer declares that he has read carefully and accepts all the clauses of these Terms and Conditions of Sale and in particular those of Articles 10, 11, 12, 13 and 16.