Terms of service

General Terms and Conditions of Sale, effective from July 1, 2023.

PREAMBLE

This information is provided for the website https://www.gioielleriarosaspina.shop (Site).

Seller Data: Rosaspina di Luisa Marchesi & C. - S.N.C., with registered office in Bergamo (24122), Piazza Giacomo Matteotti, 15 (BG), VAT no. 01054170160, Phone 035238033, Email info@gioielleriarosaspina.it, registered with the Chamber of Commerce of Bergamo. (Seller).

  • All orders will be processed accompanied by a Tax Receipt.

  • Any Invoice must be requested simultaneously with the order.

Product Availability

Product availability is indicated in the relative item sheet and refers to the stock status at the time of consultation:

  • Available Now: the product is physically present in our warehouse. The purchase can be processed immediately, and shipping will take place within ordinary management times.

  • Available in 8 days: the product is not currently available in our warehouse but is arriving or can be ordered from our suppliers. Indicatively, delivery to our store and subsequent shipment to the Customer will occur within 10 working days. This timing is to be considered indicative and may undergo variations due to causes beyond our control (e.g., supplier delays, logistical problems).

  • Not available: the product is not in stock and, at the moment, cannot be ordered from our suppliers or the parent company.

Any changes in delivery times will be promptly communicated to the Customer.

Art. 1 Scope of Application

1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 Where made possible by the Site, entering your tax code during a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph I, lett. a) of the Consumer Code (Legislative Decree September 6, 2005, n. 206). Please remember that a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity carried out. If, instead, the possibility is given to enter a VAT number (yours or that of a legal entity), this implies a purchase as a "Professional," pursuant to art. 3, paragraph I, lett. c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.

1.3 The terms indicated are intended as working days, therefore excluding Saturdays, Sundays, and national holidays. Images and descriptions on the Site are intended as merely indicative. Colors may differ from real ones due to the settings of the IT systems or computers used for their display.

 

1.4 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to access the Site regularly and consult the most updated version before making any purchase.

 

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.6 These conditions do not govern the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners, or other hypertext links.

1.7 Before conducting commercial transactions with such parties, it is necessary to check their conditions of sale.

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.

1.9 The Seller does not perform any control and/or monitoring on the websites reachable through such links. Therefore, the Seller is not responsible for the contents of such sites nor for any errors and/or omissions and/or law violations by them.

1.10 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Site, including during the purchase procedure.

1.11 The Seller shall in no case be held liable to you or third parties for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee nor state: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and updated.

1.12 Unless otherwise agreed with the Seller, orders cannot be submitted via email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the customer.

1.13 All elements of the Site are the property of the Seller or third parties. Without specific written consent from the Seller, it is prohibited to reproduce, in whole or in part and by any process, distribute, publish, transmit, modify, or sell all or part of the content of the Site.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site, it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

 

2.2 You agree to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you have entered on the Site.

 

2.3 You guarantee that the personal information provided is complete and truthful and you agree to hold the Seller harmless and indemnified from any damage, compensation obligation, and/or penalty deriving from and/or in any way connected to the violation of this commitment. You agree to inform the Seller immediately if you suspect or become aware of any improper use or unauthorized disclosure of access credentials to the Site.

2.4 The Seller reserves the right to refuse and cancel orders:

  • At its sole discretion, any order received. This right may be exercised, by way of example and not limited to, in case of obvious material errors regarding price, availability, or description of products, as well as for any other reason that makes the execution of the order non-compliant with the published conditions. In case of cancellation, the Customer will be promptly informed and any sums already paid will be fully refunded, without further charges or liability on the part of the Seller.

  • That originate from users who have previously violated these General Terms and Conditions of Sale or any regulatory provision.

2.5 To place orders on the Site, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the appropriate box in the purchase procedure pages. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Site.

2.6 The Seller is the only counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the subject to whom the user addresses their order, in order to accept the offer and conclude the sales contract; (ii) the subject who assumes the pre-contractual obligations deriving from the offer towards the user; (iii) the subject who concludes the sales contract with the user, assuming the relative obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.

2.7 On the Site and in communications with customers related to the Site, the Seller reserves the right to act under its own commercial brand. Therefore, when the Seller's brand is used on the Site and/or in communications with customers concerning the Site, or when the first person plural ("We") is used, the reference is intended to include both the Site and the Seller.

2.8 The Seller does not provide any guarantee that the Site will be constantly functioning and operational. Updates to the CMS platform may occur, which could involve a temporary suspension of the service. The Seller assumes no responsibility regarding any type of prejudice or damage that the user may suffer from this circumstance.

2.9 Following the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.

2.10 Product colors on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.

 

Art. 3 Product Availability

3.1 Products offered on the Site are limited in number. It may happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the transmission of the purchase order.

3.2 Information on Product availability is not available on the Site. In any case, you can write to the Seller at the contacts indicated in the preamble to receive information regarding Product availability.

3.3 You will be informed in case of unavailability of the ordered Product. In this event, you will be entitled to terminate the purchase contract. However, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:

  • If a restock is not possible, the Seller will provide a different product of equivalent or superior value, subject to payment of the difference in the latter case, and subject to the express acceptance of the user.

  • If a restock is possible, an extension of delivery terms offered by the Seller, with an indication of the new delivery deadline.

3.4 If a refund of the amount paid for the purchase of Products that turned out to be unavailable is requested, the Seller will issue the refund within a maximum of 5 days.

3.5 In the event that you exercise the right of termination, the contract is terminated. If payment of the total amount due—consisting of the Product price, shipping costs (if applicable), and any other additional costs resulting from the order (Total Amount Due)—has already occurred, the Seller will refund the Total Amount Due in accordance with the "Payment Methods" article below.

Art. 4 Prices

4.1 On the Site, prices include VAT.

4.2 Furthermore, on the Site, prices also include the WEEE (RAEE) contribution, where applicable. You are invited to contact the Seller at the addresses indicated in the preamble to know the procedures for free management of your equivalent product compared to the Product purchased.

 

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time the order is placed and that any changes (increase or decrease) subsequent to the transmission of the order will not be taken into account.

 

4.4 Shipping costs are at your expense for orders less than or equal to a specific amount (indicated from time to time on the Site); for higher amounts, shipping is free.

 

4.5 The Seller will ship the Products only after receiving confirmation of the payment authorization or the credit of the Total Amount Due. Ownership of the Products will transfer to you at the time of shipment, intended as the moment the Product is delivered to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead transfer to you when you, or a third party designated by you other than the carrier, take physical possession of the Products.

 

4.6 The purchase contract is subject to the resolutive condition of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

 

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct one to the customer even after the conclusion of the purchase order. In this scenario, the customer has the right to accept the new price or to dissolve the purchase contract. The Seller can also cancel the purchase contract for the Product in these cases. The Seller can also cancel the sale if there is an error in Product availability.

 

Art. 5 Payment Methods

5.1 This article describes the payment methods available on the Site. The user can always contact the Seller for further information.

5.2 On the Site, you can purchase using payment cards. The charge will be made only after (i) the details of your payment card have been verified and (ii) the card issuer has authorized the charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that they may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the user's identity (to meet this criterion, the user must be registered on the Site at the time of purchase) and the simultaneous knowledge of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may involve the inability to finalize the purchase on the Site. Confidential payment card data (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store your payment card data, even if you choose to store such data on the Site. Accepted payment cards can be viewed in the footer of the Site and/or during the purchase process.

 

  • MasterCard.

  • American Express.

  • Visa.

5.3 On the Site, it is not possible to pay by bank transfer.

5.4 On the Site, it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

5.5 If the value of the discount code is lower than the order value, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. In no case can discount vouchers be converted into cash.

5.6 Any alternative methods different from those indicated above are or will be described in this article.

  • On the Site, it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will carry out the payment according to the procedure established and governed by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted to or shared with the Seller.

  • On the Site, it is also possible to make purchases using the Scalapay installment payment solution. The first payment is charged at the time of order shipment and/or at the time of conclusion of the purchase contract, while subsequent payments are charged every 30 days from the first charge, unless otherwise indicated on the Site or by the payment service provider (Scalapay). If you choose this payment method, you will be redirected to the Scalapay site: where you will follow the procedure established and governed by Scalapay and the terms and conditions of the contract agreed between you and Scalapay. The data entered on the Scalapay site will be processed directly by the same and will not be transmitted to or shared with the Seller.

     

5.7 Based on the provisions of Legislative Decree No. 26 of March 7, 2023, the prices published on the Site have not been personalized based on automated decisions. The prices displayed on the Site are therefore not influenced by previous consumer behavior.

5.8 During a price reduction, the Site indicates the lowest price applied to the general consumer public in the 30 days preceding the application of the price reduction. For Products that have been on the market for less than 30 days, the period of time to which the previous price refers is indicated. This clause does not apply to "launch prices," characterized by subsequent announcements of price increases.

Art. 6 Product Delivery

6.1 Product delivery is expected in: Europe. The user can always contact the Seller for more information regarding Product delivery; for example, to know if delivery is possibly expected in countries other than those indicated on the Site.

6.2 The delivery obligation is fulfilled through the transfer of physical availability or control of the Product to you.

6.3 Product delivery time from the order submission: indicatively a maximum of 3 working days.

6.4 The term indicated in art. 6.3 is to be understood as indicative and not mandatory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is your responsibility to verify the conditions of the delivered Product. While the risk of loss or damage to the Product for reasons not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, enter into physical possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller.

 

6.5 With reference to the possibility of requesting Product delivery at a "collection point," the Seller informs you that the Site does not offer the possibility to collect the Product at a "collection point" other than the address you communicated during the purchase process. You are however invited to access the Site regularly to check if this delivery option is made available later.

6.6 You have the option to choose In-Store Pickup as a delivery method. If the user chooses In-Store Pickup, the user can collect the purchased Product at the point of sale ("Store") selected by them from those possibly indicated on the Site as available for pickup. As soon as the Product is ready for pickup, the user will be informed by the Seller. The Product can be collected by the user during the Store's opening hours and days. To collect the Product, the user or their delegate must provide the Store staff with suitable documentation proving the purchase.

Art. 7 Right of Withdrawal

7.1 The user is invited to view this article with particular attention, as it governs the right of withdrawal.

7.2 The right of withdrawal is the Consumer's right to dissolve the purchase contract without being obliged to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in its entirety.

 

7.3 If you hold the status of Consumer (and in the event that no exceptions apply as provided in this article), you have the right to withdraw from the Product purchase contract without having to provide any reason and without having to bear costs other than those provided in this article within the term of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contacts indicated in the Preamble, or use any contact form present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:

 

  • In the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

     

  • In the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

     

  • In the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

     

7.4 If the withdrawal is applicable, the Seller will proceed with the refund of the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the latter's expense, the Seller may suspend the refund until receipt of the Products or until the Consumer has demonstrated having sent the Products back, whichever is earlier. The Consumer is solely responsible for the decrease in value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all accessories and leaflets, with identification tags, labels, and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the intended use and free of signs of wear or dirt. Furthermore, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct an amount equal to such decrease in value from the refund amount. The Seller will communicate this circumstance and the consequent reduced refund amount, providing, in the event that the refund has already been paid, the bank details for payment of the amount due by the user due to the decrease in value of the Product. 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 entitle the user to any refund. If the right of withdrawal exists, the Products must be returned to the address indicated in the "Seller Data" section in the Preamble or to the address communicated from time to time by the Seller.

 

7.5 This article governs a very important area relating to return costs in case of withdrawal. In light of the above, the Seller deems it appropriate to highlight that the costs of returning the Product will be at your expense and under your responsibility.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that manifests itself within two years of such delivery. The action intended to assert defects not maliciously hidden by the Seller expires, in any case, within twenty-six months from the delivery of the goods.

8.3 Unless proven otherwise, it is presumed that the lack of conformity that manifests itself within twelve months from the delivery of the Product already existed at that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month following the delivery of the Product, it will instead be the Consumer's burden to prove that the lack of conformity already existed at the time of delivery.

8.4 In case of a lack of conformity of the good, the Consumer has the right to restoration of conformity, or to receive a proportional reduction in price, or to termination of the contract based on the conditions established by art. 135-bis and following of the Consumer Code.

8.5 The Seller is not responsible in case of damages, of any nature, resulting from the use of the Product in an improper way and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from accidental events or force majeure.

8.6 If you made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 and following of the civil code; in particular, the term to report any defects is 8 days from discovery and the action expires in 1 year from delivery.

Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional warranty compared to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can assert this warranty only against the manufacturer. The duration, extent (including territorial), conditions and methods of use, types of damage/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit, prejudice, or exclude the Legal Guarantee.

Art. 10 Applicable Law and Competent Court; Out-of-Court Settlement of Disputes - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by what is indicated in these General Terms and Conditions of Sale and, for anything not provided for, by the Italian Consumer Code.

10.2 Please note that in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the Court where the Seller is based as provided in the Preamble is instead competent.

10.3 The Seller informs the user who holds the qualification of Consumer that, in the event that they have submitted a complaint directly to the Seller, following which it was not possible to resolve the dispute so arisen, the Seller will provide 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 based on these General Terms and Conditions of Sale (ADR bodies), specifying whether they intend to use such bodies to resolve the dispute itself.

10.4 The Seller also informs the user who holds the qualification of Consumer that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them, and start an online resolution procedure for the dispute in which they are involved.

10.5 In any case, the right of the Consumer user to appeal to the competent ordinary judge for the dispute deriving from these General Terms and Conditions of Sale remains unaffected, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

Art. 11 Customer Service and Complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller at the details indicated in the Preamble. The Seller will respond within an indicative time of 2 days from receipt of the request.

Art. 12 Miscellaneous

12.1 The General Terms and Conditions of Sale are written in Italian.

12.2 If any provision of these General Terms and Conditions of Sale is deemed invalid or unenforceable, such provision shall be eliminated and the remaining provisions shall remain fully effective.

12.3 The Seller's failure to exercise any right or provision of these General Terms and Conditions of Sale does not constitute a waiver of such right or provision.

Art. 13 Specific Approval of Clauses

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the user declares to have read and specifically approved the following articles:

  • Art. 1 (Scope of application and liability)

  • Art. 2.4 (Right to refuse/cancel orders)

  • Art. 4.7 (Errors in price and availability)

  • Art. 7 (Right of withdrawal and its limitations)

  • Art. 8 (Legal guarantee)

  • Art. 10 (Applicable law and competent court)