Conditions of Sale
These terms and conditions of sale ("Conditions of sale") illustrate the rights and obligations of customers and of LUISE GIOIELLI in relation to any purchase, sale, order or delivery of products. The present general conditions can be updated or modified at any time by LUISE GIOIELLI who will provide to communicate it through the appropriate channels of communication to customers. The consumer undertakes and obliges, whenever a change in these general conditions occurs, to provide for their printing and storage.
Centro orafo il Tarì Loc. Pozzobianco zona Asi
81025 Marcianise (Ce)
Vat N. 06512930634
Phone. +39 0823.513075
1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
"On-line" contract of sale means the distance contract, that is the legal transaction concerning movable goods and / or services stipulated between a supplier, LUISE GIOIELLI and a consumer and / or customer within a sales system at a distance organized by the supplier who, for this contract, only uses the remote communication technology called "internet". All contracts, therefore, will be concluded directly through the access by the consumer and / or customer to the corresponding website at www.luisegioielli.com, where, following the procedures indicated, will come to conclude the contract for the purchase of the good. LUISE GIOIELLI may ask the consumer and / or customer to request a confirmation of the order made. By consumer is meant any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to the business activity carried out. For distance contracts with consumers, the legislation envisaged by section II of Legislative Decree no. 206 of 6 September 2005.
The contract is considered concluded when the customer's acceptance reaches the electronic address of LUISE GIOIELLI, by sending the digital order; the customer will receive an e-mail confirmation of the conclusion of the contract. The order made by someone who is not resident or domiciled in Italy, the Republic of San Marino or the Vatican City or Switzerland or who is not 18 years of age and who does not hold a tax code and / or VAT number is considered without effect..
2. SALE PRICES AND PURCHASING METHODS
All sales prices of the products displayed and indicated on the website, for which they constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of I.V.A. and any other tax. It will be charged to the customer a contribution for shipping costs, clearly displayed before the completion of the order, variable in relation to the mode of payment chosen by the order itself; The purchase contract is perfected through the exact compilation and consent to the purchase manifested through the adhesion date "on line" or ending the purchase wizard that ends with a click on the "Send Order" button.
The customer can pay for the goods ordered through the payment services indicated online at the time of purchase:
• By prepaid account PayPal
• By credit card through the system PayPal
• PAY DIRECTLY TO THE DELIVERY OF YOUR PACKAGE. COST OF SERVICE : € 5,00
2.1 - Delivery
The delivery will take place by Corriere Espresso within 5 days from the order. If you purchase multiple products at the same time, you will be charged for the packaging and shipping costs for the product for which these costs are higher. The costs and conditions for packaging, shipping and delivery are subject to change without notice. Other information We recommend that you print a copy of the order for future reference.
3. AVAILABILITY OF PRODUCTS
If an order exceeds the quantity existing in the warehouse, the computer system will allow to bring "to the cash", buy and receive only the quantities in storage, and the waiting time will be indicated by e-mail for the remaining material. In the case of offers with discounts, any lack of the product will not result in the cancellation of the order and therefore the loss of the benefit and the evasion of the same will take place in accordance with the law (Legislative Decree No. 206/2005). If the consumer and / or customer does not consent to wait for the time necessary for the delivery (after the deadline set by art.54 of Legislative Decree 206/2005 the contract will be considered terminated and LUISE GIOIELLI will provide immediate payment reversal.
4. EXECUTION OF THE CONTRACT AND DELIVERY METHOD
LUISE GIOIELLI will deliver the selected and ordered products to customers, in the manner referred to in the previous article, by couriers and / or shippers of trust or, at the unquestionable judgment of the company, directly from the company itself. 4.1 - Delivery times will never exceed those provided for by art. 54 of Legislative Decree 206/2005 (this term will also be applicable to transactions with non-consumers). The date of delivery is considered valid the date of the first attempt, by the courier, to deliver the goods to the address (to be considered the main entrance of the building and not that of access to the private home), even if the attempt it is not successful due to the absence of the recipient or the refusal of the goods. In cases of non-delivery of ordered and shipped goods not attributable to LUISE GIOIELLI, the same will have the right to reimbursement of transport costs. This repayment transaction can also be carried out by partial transfer of the payment made by credit card.
5. BUYER'S OBLIGATIONS
The consumer and / or customer agrees and obliges, once the on-line purchase procedure has been completed, to provide for the printing and preservation of the present general conditions, which, moreover, will have already viewed and accepted as an obligatory passage in the the purchase, as well as of the specifications of the product object of the purchase, and this in order to fully satisfy the condition of the articles. 4, 5, 52 and 53 of Decr. Legislative. No. 206/2005.
5.1 - It is strictly forbidden for the purchaser to enter false and / or imaginary data, in the registration procedure necessary to activate the process for the execution of the present contract and the relative additional communications; the personal data and the e-mail address must be exclusively their real personal data and not of third parties, or fancy ones. The consumer and / or customer authorizes LUISE GIOIELLI and undertakes to provide, at the discretion of the latter, a copy of the identity documents that have not expired. Failure to comply with the request for documents authorizes LUISE GIOIELLI to terminate the contract due to breach of the purchaser. It is expressly forbidden to make multiple registrations corresponding to the same person or enter data of third parties. LUISE GIOIELLI reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
5.2 - The Customer relieves LUISE GIOIELLI of any responsibility deriving from the issue of incorrect tax documents due to errors in the data provided by the Customer, since the Customer is solely responsible for the correct insertion.
6. DATA COLLECTION
By filling out the appropriate space on the website of the banking payment system, the consumer and / or customer authorizes LUISE GIOIELLI to use his credit card, or other card issued to replace it, and to debit his current account in favor of LUISE GIOIELLI the total amount shown as the cost of the purchase made "on line". The whole procedure is done through a secure connection directly connected to the bank owner and operator of the online payment service, to which LUISE GIOIELLI can not access. If the consumer were to exercise the right of withdrawal, as set out in point 9 of these general conditions, the amount to be reimbursed will be credited to the same credit card.
6.1 - By filling in the registration form in the registration procedure necessary to activate the process for the execution of this contract and the related additional communications, the consumer and / or customer authorizes LUISE GIOIELLI to communicate the non-sensitive personal data (residence, address telephone) to the couriers and / or consignors of trust used for the delivery of goods purchased in order to allow the procedures necessary for their delivery.
Attention: in the month of August and January due to the reduction of services provided by couriers, shipments may be delayed by 48/72 hours compared to expected delivery. The consumer and / or customer from the moment he receives the damaged goods or asks for the return to the carrier has direct and exclusive action against the carrier. The latter also responds to the delay in delivering the goods to the recipient. LUISE GIOIELLI, in such cases, must be considered exempt from any responsibility for losses or damage (damage) of the goods from the moment in which the same is delivered without reservation to the carrier for transportation.
7.1 - In case of damage to the package or packaging, the Customer has the burden of affixing reservations to the items transported at the time of return, under penalty of forfeiture. In case of partial loss or damage not recognizable at the time of redelivery, the consumer and / or customer must denounce to the carrier, under penalty of forfeiture, the damage just known and no later than eight days from receipt by registered letter a.r.(art. 1698 c.c.)
7.2 - To this end, we highlight that all packages are packed with LUISE GIOIELLI printed tape and strapping. Likewise, LUISE GIOIELLI is not responsible for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, at the time of purchase of the products, not being, at any time, part of the procedure.
7.3 - The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase can not be denounced
7.4 - Customers in Italy If you have purchased a LUISE GIOIELLI product through this website, any contract between the parties will be governed by Italian law. The court of law will be the competent court. Any agreement, communication and contract between us will be carried out or concluded in Italian.
These Terms and Conditions of Sale do not in any way affect the other rights established by law and indicated on this website.
The exact way to guarantee the products sold by LUISE GIOIELLI are illustrated in the document inside the package. At the expense of LUISE JEWELRY Any faulty components will be repaired or replaced within a reasonable period of time and free of charge.
How to obtain warranty service 1. Send the product directly to the LUISE GIOIELLI headquarters, together with a proof of purchase issued by LUISE GIOIELLI. Preliminary operations: Contact LUISE GIOIELLI, at 0823.513075. Package the product for shipping correctly and carefully. If necessary, request a new carton for shipment to LUISE GIOIELLI Labels and send the product to the LUISE GIOIELLI 2 site. The product, accompanied by a proof of purchase, can be sent directly to LUISE GIOIELLI For further details contact the LUISE JEWELS, at 0823.513075 Protection: LUISE GIOIELLI declines all responsibility for special, incidental, consequential or indirect damages, except in cases of willful misconduct and gross negligence. This Warranty is void if the label bearing the serial number has been removed or altered.
8.1 - The Consumer (any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to the business activity carried out, and in any case purchases using the tax code and not the VAT number), in the event that defects occur compliance with the contract to be considered already present at the time of delivery, has the right to contact LUISE JEWELRY by requesting, at his choice, the repair or replacement of the property. If the requested remedy is objectively impossible or excessively burdensome compared to the other LUISE GIOIELLI proposes to the Consumer the other remedy. Where the consumer requests or accepts the remedy of the repair the appropriate term will be determined with express reference to the timing of the assistance center in charge.
8.2 - If the consumer does not accept the alternative remedy, he may request, at his choice, a reasonable price reduction or the termination of the contract if one of the following conditions is met: a) repair or replacement is impossible or excessively expensive; b) the seller has not done so
repair or replacement of the good within the appropriate term; c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
8.3 - It is the responsibility of the consumer to prove that this is a lack of conformity existing at the time the contract is concluded, unless the contract occurs within six months of delivery. (Article 1519-sexies c.c.).
8.4 - The complaint of the defect must be made within two months of discovery, under penalty of forfeiture (Article 1519-sexies of the Civil Code).
8.5 - The Consumer, to request the remedy of the replacement or repair, must make a specific complaint following the procedure indicated in the following point n. 10.
8.6 -The return costs will be anticipated by the consumer. The risks related to the transport of the goods are the responsibility of the sender who can freely choose whether to insure the shipment without any obligation to reimburse the seller. Shipments sent in "assigned port" will not be accepted unless previously agreed with the seller. In the event that the defect complained of is found, the LUISE GIOIELLI will carry out, in a reasonable time, the agreed remedy as well as the crediting of the shipping costs incurred with the exception of those for non-ordinary services. LUISE GIOIELLI reserves the right to charge the customer any costs incurred for the verification of the product and for the return of the same, if it is intact and functioning or without the lack of conformity complained and referable to the date of delivery, unlike what declared by the customer.
8.7 - Customers "non-consumers" (ie, who purchase with VAT) for any replacements or repairs may apply directly to LUISE GIOIELLI .
9. RIGHT OF WITHDRAWAL
LUISE GIOIELLI intends to guarantee the full satisfaction of its Customers. If for any reason the customer is not satisfied with the products purchased, the items can be returned for: size change, item change, purchase voucher or refund (in this case the shipping costs of the returned product will be charged) within 14 days from the date of receipt of the goods.
SHIPPING FOR THE FIRST RETURN OF THE PURCHASED GOODS IS FREE, WHERE PROVIDED, EXCLUSIVELY FOR CHANGE SIZE, PRODUCT AND GOOD PURCHASE. IN THE EVENT OF REFUND, THE RELATIVE COSTS WILL BE DEDUCED EXCLUSIVELY.
FROM THE SECOND RETURN IN THEN, THE SHIPPING COSTS WILL BE CHARGED TO THE CUSTOMER
Indications to perform the Return:
- The returned items must not show any sign of use and must have the warranty seals intact. All the other labels of the garment, both in fabric and pending, must necessarily be intact and in no case removed.
- Before making the return must be authorized by LUISE GIOIELLI who will issue a Return Authorization number. /> - To request the return authorization, the Customer must send an email to email@example.com within 14 days of receipt of the goods, containing the order number and the code of the article to be returned, specifying if requires a change of size, an article change (specify the article code), a credit store or a refund.
- Once the return request has been received, LUISE GIOIELLI will send an email containing the authorization number, the courier to be used and the relative instructions. (in case of use of a different courier, the return will be rejected).
- The costs for shipping the first return are to be paid by LUISE GIOIELLI, except in the hypothesis that the return s executed for the reimbursement of the price paid. In the latter case, the shipping cost is charged to the customer and will be deducted from the amount to be reimbursed, as well as in case of returns after the first.
- The items to be returned must be received at the office, within 14 days from the written authorization to the Customer by LUISE GIOIELLI.
The customer making the return can choose:
A) The Change Size and / or Item:
-You can make both the change of size and the change of article (in the return request email you must indicate both the size and the item).
-E ' expected only one change of goods for each order.
- In case of Change Size or Change Article LUISE GIOIELLI will check the availability of the required items, giving notice to the customer, to be able to follow the request for return. In case of lack of availability of the requested products, we will proceed to the refund.
-The refund will be made within 15 days of receipt of the item by LUISE GIOIELLI and only after verification and acceptance of the returned item.
-The amounts of the refunds, when it is possible will be made with the same payment method used by the customer, otherwise, by bank transfer. Indicate in the email requesting authorization the Iban code on which to receive the refund.
C) Store Credit / Voucher Purchase:
- has a validity of 3 months from the release
- it is not divisible and can be used only once within 6 months from the time of issue;
- can not be accumulated with other Store Credit and / or other promotions of any kind.
- must be used entirely in an order of equal or greater value;
D) Changes and / or returns in the shop:
- the items purchased on this website are part of the collection of items sold at the physical outlets of the physical store LUISE GIOIELLI, for this we offer the possibility to realize, based on the stocks of each store, size changes and / or item and returns
- All products must be returned together with their original box, which is considered in all respects an integral part of the product itself and which must not have been in any damaged and / or altered way, neither used as a single external packaging.
- In the event that the customer receives defective goods, or that errors occur in shipments by LUISE GIOIELLI is required to follow the same instructions above. LUISE GIOIELLI reserves the right to request photographic evidence before authorizing returns for defective goods.
Any complaint must be forwarded via e-mail to firstname.lastname@example.org. The Customer will receive an e-mail confirming the opening of the complaint within the following three working days; with the same communication will be provided instructions for the definition of the procedure and forwarded requests for clarification or documentation. In compliance with the regulations in force, the Customer / Consumer, in the event of a complaint sent more than six months after delivery of the product, must provide suitable documentation proving that the lack of conformity existed at the time of delivery. For complaints submitted within six months of delivery, LUISE GIOIELLI reserves the right to verify the existence of the defect complained of by the Customer / Consumer, before granting the requested remedy or the alternative prescribed by law.
11. CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE
LUISE GIOIELLI has the right to terminate the stipulated contract by simply communicating it to the consumer and / or customer with adequate and justified motivations; in this case the customer will be entitled exclusively to the refund of any sum already paid. The obligations assumed by the client pursuant to art. 5 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, have an essential nature, so that by express agreement, the default by the consumer and / or customer of only one of these obligations will determine the termination of the contract under Article 1456 of the Civil Code, without the need for judicial ruling, without prejudice the right for LUISE GIOIELLI to take legal action for compensation for further damage.
12. PRIVACY DISCLAIMER
Processing of personal data
Pursuant to Legislative Decree n. 196/2003 (Code regarding the protection of personal data), which replaced the law n. 675/1996, the processing of information concerning you will be based on principles of correctness, lawfulness and transparency and protection of your privacy and your rights. In accordance with article 13 of Legislative Decree no. n. 196/2003 (formerly Article 10 of Law 675/1996) of the aforementioned law, therefore, we provide the following information:
The data you spontaneously provide will be processed, within the limits of privacy legislation, for the following purposes: billing and archiving of customer data for any communications and assignment of licenses for use of our products.
The treatment will be carried out through paper and / or computerized methods. The provision of data relating to name, address, tax code is mandatory, in order to be able to offer you the service of advice and / or assistance or the services you requested and any refusal to provide such data could result in failure or partial execution of the service provided by LUISE GIOIELLI. The provision of data relating to the telephone number and e-mail address is optional and has the purpose of allowing LUISE GIOIELLI to inform you and update you about your activities and the services to which our customers are entitled. Personal data will not be used for sending advertising material, promotions and the like, without the prior express consent of the data owner for these purposes.
We inform you that personal data suitable for revealing racial and ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organizations of a religious, philosophical, political or trade union nature as well as personal data suitable for revealing health status and sexual life, those relating to health, are sensitive data. These data, together with the judicial data, spontaneously given by you, will not be processed without prior express written consent.
The holder of the treatment is LUISE GIOIELLI
The processing of data takes place at the aforementioned office and is only handled by the personnel appointed to it.
At any time you can exercise your rights towards the data controller, pursuant to art. 7 of the Privacy Code (formerly Article 13 of Law No. 675/1996), in particular you may request to know the existence of data processing that may concern you; to obtain without delay the communication in intelligible form of the same data and their origin, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law; updating, rectification or integration of data; the attestation that the aforesaid operations have been brought to the attention of those to whom the data have been communicated, except in the case in which this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right; to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning you, even if pertinent to the purpose of the collection.
For further information regarding your privacy rights, please visit the website of the Italian Personal Data Protection Authority at the address www.garanteprivacy.it