General Terms and Conditions of Sale, effective as of October 14, 2022.
FOREWORD
This information notice is provided for https://decarlojewels.com/ (Site).
Vendor Data: De Carlo S.r.l., VAT number IT07184800485, Via F. Puccinotti 78 , 50129 Florence (FI) , Email: info@decarlojewels.com (Vendor).
Art. 1 Scope of Application
1.1 These Terms and Conditions of Sale apply to all sales made by the Vendor on the Site.
1.2 If it is made possible by the Site, the inclusion of your tax code during a purchase implies that you are acting as a Consumer within the meaning of Article 3, I paragraph, letter a) of the Consumer Code (Legislative Decree September 6, 2005, No 206). Please note that the status of Consumer is held by a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activities. If, on the other hand, it is given the opportunity to enter the VAT number (Yours or the one of a legal person), this implies a purchase in the capacity of "Professional", pursuant to art. 3, paragraph I, lett. c) of the Consumer Code. The status of Professional is held by a natural or legal person acting in the exercise of his or her entrepreneurial, commercial, artisanal or professional activities, namely an intermediary thereof. The implications of buying as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are intended as business days, thus excluding Saturdays, Sundays and national holidays. Images and descriptions on the Site are intended as indicative only. Colors may differ from the actual colors due to the settings of the computer systems or computers you use to view them.
1.4 The General Terms and Conditions of Sale may be changed at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore invited to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
1.6 These Terms and Conditions do not govern the sale of products and/or services by parties other than the Vendor that may be present on the Site via links, banners, or other hypertext links.
1.7 Before making business transactions with such parties, it is necessary to check their terms of sale.
1.8 The Vendor is not responsible for the provision of services and/or the sale of products by such parties.
1.9 On the websites that can be consulted through such links, the Vendor does not carry out any control and/or monitoring. The Vendor is therefore not responsible for the contents of such sites, or any errors and/or omissions and/or violations of law committed by them.
1.10 You are responsible for carefully reading these Terms and Conditions as well as all other information that the Vendor provides on the Site, including during the purchase process.
1.11 Unless otherwise agreed upon with the Vendor, orders cannot be placed on the Site by email. The Vendor does not accept orders by phone, unless otherwise agreed upon with the customer.
1.12 The entirety of any element of the Site is the property of Vendor or any third party. Unless specific written consent is provided by the Vendor, it is prohibited to reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site.
1.13 The Vendor shall in no event be liable to You or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of income or other indirect loss resulting from use of the Site or inability to use it. The Vendor cannot guarantee or represent (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the Vendor's server.
2.2 You agree to notify the Vendor immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
2.3 You guarantee that the personal information you provide is complete and truthful and you agree to hold the Vendor harmless and indemnified from any and all damages, compensatory obligations and/or penalties arising from and/or in any way connected with the breach of this undertaking. You agree to notify the Vendor immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
2.4 The Vendor reserves the right to refuse orders that come from users who have previously violated these Terms and Conditions or any regulatory provisions.
2.5 To place orders on the Site, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages. Failure to accept these General Terms and Conditions of Sale will result in your inability to make purchases on the Site.
2.6 On the Site: (i) no Alcoholic Products are sold; (ii) no Adult Products are sold; (iii) no Food Products are sold.
2.7 Following your purchase, you will receive an order confirmation email.
Art. 3 Product Availability
3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
3.2 Information about Product availability can be found on the Site.
3.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Vendor reserves the right to implement these measures:
- If restocking is not possible, the Vendor will provide a different product of equivalent or higher value, subject to payment of the difference in the latter case, and upon the user’s declared acceptance.
- Where restocking is possible, an extension of the delivery period, offered by the Vendor, stating the new delivery period.
3.4 If a refund is requested for the amount paid for the purchase of Products that later turned out to be unavailable, the Vendor shall make the refund within a maximum period of 7 days.
3.5 In the event that You exercise the right to cancel, the contract shall be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, shipping charges, if any, and any other additional charges, as resulting from the order (Total Amount Due) has already been made, the Vendor will make a refund of the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.
Art. 4 Prices
4.1 On the Site, prices include VAT.
4.2 In addition, prices on the Site do not include the WEEE fee, as the Products sold are not subject to the relevant regulations.
4.3 The Vendor reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price shown on the Site at the time you place your order and that no account will be taken of any changes (upward or downward) after the order has been transmitted.
4.4 You are responsible for the shipping costs of the Products for orders less than or equal to a specified amount (set forth on the Site from time to time): for higher amounts, shipping is free of charge.
4.5 The Vendor will ship the Products only after receiving confirmation of authorization for payment or upon credit of the Total Amount Due. Ownership of the Products will be transferred to you upon shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Vendor, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.
4.6 The termination of the purchase contract is conditioned upon your failure to pay the Total Amount Due. Unless otherwise agreed to in writing with You, the order will be cancelled accordingly.
Art. 5 Payment Methods
5.1 This article describes the payment methods available on the Site.
5.2 You may purchase on the Site using payment cards. You will only be debited after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorization. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (in order to meet this criterion, the user must be registered to the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above process may mean that it is impossible to finalize the purchase on the Site. Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without transiting the servers the Vendor uses. The Vendor therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. The payment cards you accept may be displayed in the footer menu of the Site and/or as part of the purchase process.
5.3 On the Site it is not possible to pay by bank transfer.
5.4 Cash on delivery (COD) is available on the Site. This mean of payment may be subject to an additional charge, from time to time indicated on the Site as part of the purchase process. It is possible that COD may be limited to orders exceeding a certain amount: in this case the Vendor will give appropriate notice on the Site or as part of the purchase process.
5.5 If the value of the discount code is less than the value of the order, 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. Under no circumstances can discount coupons be converted into cash.
5.6 Any alternative arrangements other than the above are or will be described in this article.
- You can also make purchases on the Site using the PayPal payment solution. If you choose PayPal as a mean of payment, you will be redirected to the website www.paypal.it, where you will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on PayPal’s website will be processed directly by PayPal and will not be transmitted or shared with the Vendor. The Vendor is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with such account.
- You can also make purchases on the Site using Klarna's installment payment solution. The first payment is charged at the time of shipment of the order and/or at the time of conclusion of the purchase agreement, and subsequent payments are charged every 30 days from the first charge, unless otherwise specified on the Site or by the payment service provider (Klarna). If you choose Klarna as your mean of payment, you will be redirected to www.klarna.com, where you will follow the procedure provided for and governed by Klarna and the terms and conditions agreed between you and Klarna. The data entered on Klarna's website will be processed directly by Klarna and will not be transmitted or shared with the Vendor.
- You can also purchase Products on the Site using the service offered by Scalapay. If you decide to use this service, you may pay for the Product in 3 installments (or such other number as may be indicated on the Site) without interest. In addition to these Terms of Sale, Scalapay's Terms of Use apply, which we encourage you to review by accessing www.scalapay.com.
Art. 6 Delivery of Products
6.1 Delivery of the Products is expected in: Italy.
6.2 The delivery obligation is fulfilled by the transfer of the physical availability or control of the Product to You.
6.3 Delivery time of the Products from order submission: 5 days.
6.4 The term indicated in Article 6.3 is intended as indicative and not peremptory. Therefore, the Vendor reserves the right to deliver the Products within the term of 30 days after placing the order. It is up to you to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Vendor, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Vendor 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 report in the carrier’s transport document any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, you should promptly notify the Vendor.
6.5 With respect to the option of requesting delivery of the Products to a "pick-up point", the Vendor informs you that The Site does not offer the option of picking up the Product at a "pick-up point" other than the address you provided during the purchase process. You are, however, encouraged to access the Site regularly to check whether this delivery option is subsequently made available on the Site.
Art. 7 Right to Cancel
7.1 You are urged to view this article, which governs your right to cancel, with particular attention.
7.2 The right to cancel is the Consumer's right to dissolve the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right to cancel does not apply, unless otherwise agreed with the Vendor. Any exceptions to the right to cancel are set out in this Article 7. If there are no exceptions to the right to cancel, this Article 7 applies in full.
- On subsequent purchases You are encouraged to review this article for exclusions to the right to cancel.
7.3 If you have the status of Consumer (and where no exception applies in this regard), you have the right to cancel the Product purchase contract without having to provide any reasons and without incurring any costs other than those provided in this article within the period of 14 calendar days (cooling off period). To exercise your right to cancel, you must inform the Vendor of your decision to cancel before the expiration of the cooling off period. To do so, you may write to the Vendor at the contact persons listed in the Foreword, or use any contact form on the Site. You have exercised your right to cancel within the cooling off period if the notice regarding the exercise of your right to cancel is sent by you before the expiration of the cooling off period. Unless otherwise agreed, the direct costs of returning the Products are the responsibility of the Consumer, as is the responsibility for the transportation of the Products. If the right to cancel is exercised, the Product must be delivered to the Vendor's premises, or to the different address communicated by the Vendor. The cooling off period expires after 14 days:
- in the case of an order for a single Product, from the day 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 you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product
- in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day 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 right to cancel is applicable, the Vendor will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in no event later than 14 calendar days from the day the Vendor was informed of the decision to cancel the contract. The refund will be issued using the same means of payment used for the initial transaction. In the event that the Products have been shipped using a carrier at the Consumer's choice and expense, the Vendor may suspend the refund until receipt of the Products or until the Consumer demonstrates that it has returned the Products, whichever is earlier. The Consumer shall be liable only for diminution in the value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. In any event, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and explanatory sheets, with the identification tags, labels and disposable seal, if any, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the right to cancel 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 the right to cancel has been exercised has suffered a decrease in value resulting from handling of the good other than what is necessary to establish the nature, characteristics and functioning of the Product, the Vendor reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Vendor will give notice of this circumstance and the resulting decreased refund amount, and if the refund has already been issued, the Vendor will provide the bank details for payment of the amount owed by the user due to the decrease in value of the Product. In the event that the right to cancel 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 you to any refund.
7.5 In light of the above, the Vendor deems it appropriate to point out to you that the cost of returning the Product will be at your expense and responsibility.
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It applies, therefore, only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activities.
8.2 The Vendor shall be liable to the Consumer for any lack of conformity of the Product which becomes apparent within two years from such delivery. An action to enforce defects not fraudulently concealed by Vendor shall be barred, in any event, within twenty-six months after delivery of the Goods.
8.3 Unless otherwise proven, it shall be presumed that conformity defects arising within twelve months after delivery of the Product already existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the conformity defect. On the other hand, as of the twelfth month following delivery of the Product, it shall be the burden of the Consumer to prove that the lack of conformity already existed at the time of delivery of the Product.
8.4 In case of lack of conformity of the good, the Consumer has the right to the restoration of conformity, or to receive a proportional reduction in the price, or to the termination of the contract on the basis of the conditions established in Article 135-bis et seq. of the Consumer Code.
8.5 The Vendor shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in case of damages resulting from unforeseeable circumstances or force majeure.
8.6 If You made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by articles 1490 et seq. of the Civil Code; in particular, the period for reporting any defects is 8 days from discovery and the action is prescribed in 1 year from delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional warranty to the Legal Guarantee of Conformity provided by the Vendor on the Products. Except as may be indicated on the Site, Products sold on the Site are not covered by the Manufacturer's Warranty. You may, however, enforce your rights under the Legal Guarantee of Conformity governed by the preceding article.
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 Italian law.
10.2 It is without prejudice to the application to Consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
10.3 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 shall have jurisdiction.
10.4 In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, on the other hand, the Court where the Vendor is based shall have jurisdiction pursuant to the provisions of the Foreword.
10.5 The Vendor informs the User who has the status of Consumer that, in the event that he or she has submitted a complaint directly to the Vendor, as a result of which it has nevertheless not been possible to resolve the dispute thus arising, the Vendor will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract terminated under these General Conditions of Sale (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute itself.
10.6 The Vendor also informs the user who holds the status of Consumer that a European platform for online resolution of consumer disputes (ODR platform) has been established. The ODR platform can be consulted at the following link 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 initiate an online dispute resolution procedure for the dispute in which he/she is involved.
10.7 In any case, it is without prejudice to the right of the Consumer user to bring the dispute arising from these General Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement procedure for disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code.
10.8 The User who resides in a Member State of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found at http://www.eur-lex.europa.eu.
Art. 11 Client Services
11.1 You may request information, send communications, request assistance, or file complaints by contacting the Vendor at the contact information listed in the Foreword, or by using any contact form on the Site.
11.2 The Vendor shall respond in an approximate time of 3 days.
Art. 12 Miscellaneous
12.1 This document governs in its entirety the relationship between you and Vendor. The rights and obligations under applicable law from time to time are in any event without prejudice.