A&G S.r.l. (Here in after, in short, "A&G"), with headquarters in Turin, Corso Galileo Ferraris. 33, (url: http://www.alessiacostagioielli.com, e-mail: email@example.com), CF / P. IVA 10906080014, is a company that is engaged in the trade of watches, jewelry and silverware; in particular in the field of online sales of jewelry, through the website above which it owns.
1.1 - In these general conditions of sale (hereinafter, in short, the "Contract of Sale"), unless it is otherwise stated, the following terms shall have the meanings indicated below:
a) "Client" means the person, which transmits the order for the purchase of products for private and domestic use and, in any case, for purposes unrelated to business or professional activity;
b) "Consumer Code": Legislative Decree 6 September 2005, n. 206 - Consumer Code, pursuant to art. 7 of the. July 29, 2003, n. 229;
c) "Order": the on-line form that the customer complete and send to A & G in order to sort the products sold by A & G itself after duly accepted this Contract of Sale, which are considered an integral part of the Order;
d) "part / s": the customer and / or A & G;
e) "Product / s" means all products, shown and described in their features, and prices on the pages of the Site and sold by A& G;
f) "Website": the website www.alessiacostagioielli.com
2.1 - This Agreement of Sale defines and regulates the conditions and terms of the sale of the Products of A & G, against the payment of the amount agreed by the customer.
3.1 - The contents of the website are only an invitation to propose, for potential buyers of the products. The proposed contract is constituted by the Order, duly completed and submitted by the Customer to A & G in the manner specified therein.
3.2 - This Agreement of Sale is concluded without exception by the Parties only with the acceptance of A & G, which occurs as a result of the receipt by A & G Order duly completed and submitted by the customer, with the shipment, also through third parties, for delivery to the same customer of products ordered.
3.3 -In particular, the customer, after having completed the order in all its parts and, specifically, in the choice of products bearing, follows all automated procedure for the confirmation of the Order, the acceptance of this Contract of Sale and the order transmission to A & G.
3.4 - Upon receipt of the Order duly and fully completed and transmitted by the Client, A & G, which in any case reserves the right to refuse the order if it is unable to implement the same for technical reasons or because the applicable law, will send the products to the customer, even through third parties, through dispatch by insured mail. The shipment will be made, subject to verification of the availability of the products ordered by the customer, within thirty (30) days of receipt of the Order. If, by checking on availability, the products ordered by the customer did not result available, A & G will soon give notice to the customer, by making an estimate of the time required to procure the products and then ship them to the Customer.
3.5 -For the purposes of compliance with the deadline specified in Article 3.4 above, the debt held by A & G Shipping, also via third parties, of the Products to Customer shall be deemed duly fulfilled when the product is delivered to the post office , doing only the date and the stamp affixed by the latter on the form used for the shipping service. Therefore, any errors or delays in the delivery of the product to the customer may not be attributed to A & G, but the subject of which it uses for the shipping service.
3.6 - The delivery by Insured Mail provides that the delivery of products is made exclusively to the customer or to the person delegated by the Customer. To this end, at the time of delivery of the Products, the person delegated by the Customer must show, in addition to the delegation of the Customer in the original, the identity card and a copy of the identity card of the customer. In the absence of the customer or the party delegated by the same, the withdrawal of products must be made at the post office indicated in the notice left at the postal address indicated by the Customer in the Order.
3.7 - Within 2 (two) business days following the shipment of products, A & G will send, to the email address, as specified by the customer at the time of transmission of the Order or, in the absence of e-mail box of the Customer, to the address indicated in the same Order, a communication concerning the confirmation of receipt of the Order, confirming shipment of Products (indicating, in particular, the date of delivery of the product to the post office and reference numbers and identification of the product listed on the form used for shipping), as well as some summary information, also in accordance with Articles 52 and 53 of the Consumer Code.
3.8 - In case of rejection of the Order by A & G, due to the unavailability of the product required, the customer will receive a credit of any sum paid no later than 30 (thirty) days of receipt of the Order by A & G.
3.9 - If the period of time between the receipt of the Order and shipping the product to the customer, the product itself should be replaced by the manufacturer with a new model, A & G will promptly notify the customer by offering a new model of the Product at the same of the same model replaced. In the event that the customer does not accept such replacement, A & G will return to the Customer the same amount of money the Customer paid for the previous model of the Product.
4.1 - Pursuant to and for the effects of the legislation on distance contracts and, in particular, Articles 52 and following of the Consumer Code, the customer has the right to terminate this Contract of Sale within 14 (fourteen) days from the day when the customer acquires physical possession of the products. All the information on the right of withdrawal is also available at WITHDRAWAL.
4.2 -In case of failure concerning information on the right of withdrawal by A & G, the term for its exercise by the customer will be 12 (twelve) months, from the end of the initial withdrawal period referred to in Article 4.1 above. In the event that A & G were to provide the Customer with information on the right of withdrawal within 12 (twelve) months after the end of the initial withdrawal period referred to in Article 4.1 above, the period to exercise the withdrawal will end within 14 (fourteen) days from the date on which A & G has provided the information to the customer.
4.3 - The right of withdrawal under this article shall be exercised by the customer, without penalty and without the need to specify the reasons, as follows: (a) using the RMA form, duly completed in full and correctly sent; (b) presenting any other unequivocal statement of the decision of the customer wishes to terminate. The declaration referred to in point (b) shall be reported by the Customer to A & G by e-mail to firstname.lastname@example.org or, at the option of the customer, by registered letter A / R to A & G Srl - Galileo Srl, Corso Galileo Ferraris, 33 - 10121 Torino. It is in any case understood that the burden of proof of exercising the right of withdrawal in accordance with this article 4 looms over the customer.
4.4 - Following the exercise of the right of withdrawal referred to in this Article 4, within 14 (fourteen) days from the date on which A & G announced its decision to withdraw from this Contract of Sale, the customer must return the products to A & G by Insured Mail - unless otherwise stated in writing by A & G it self - and all the direct cost of returning the Products shall be borne by A&G.
4.5 - For the right of withdrawal pursuant to this Article 4 is properly exercised, the customer must return the products in the same packaging and the same documents as attachments with which the same products had been delivered. Products must be intact and must not present any type of damage or deformity. In particular, A & G will accept the return of the Products by the Customers only if the products prove themselves with all labels and other safety devices, demonstrating that have not been used and / or modified by the customer. To this end, A & G will do all necessary investigations in order to verify the integrity of the returned Product.
4.6 - Within 14 (fourteen) days from the date on which A & G has been advised by the Customer of the exercise of the right to withdraw, pursuant to this Article 4, and in the event that the checks, carried out in accordance with Article 4.5 above, about the integrity of the product are successfully concluded, A & G will reimburse the customer the amount already paid. In case of verification, by A & G, of the lack of integrity of the product returned, the same will not be accepted and A & G will not refund the customer the sums paid by the same.
4.7 - The right of withdrawal referred to in this Article 4 shall not be exercised for products on which the customer did perform customizations (but not limited to, engravings), because such products can not be used by others.
5.1 - Except as provided in article 5.4, the Customer will pay the fees for A & G reported in the site pages and in relation to each product described in the same site pages.
5.2 - Unless otherwise expressly stated, all fees are VAT included and excluding any other taxes.
5.3 - Expenses for the shipment of products by Insured Mail and for its insurance - which will provide A & G for this type of delivery - are included in the fees referred to in Article 5.1, except as otherwise specifically stated in the site page and in relation to each product described in the same site page.
5.4 -A & G will have the right to change, by giving notice on the website with a notice of at least 30 (thirty) days, its price lists on the prices of products, for example in the presence of impositions ministerial additional fees, taxes or any burden imposed any third party involved in the production and marketing of products.
6.1 - The payment of the fees referred to in Article 5 above may be made via any credit card (including Poste Pay) or PayPal or bank transfer. To do this, the customer will specify, at the time of transmission of the Order to A & G, the means of payment, and its coordinates.
6.2 - The payment will be done according to the method chosen at the time of transmission of the Order, in a lump sum and in advance of the shipment of the products to the customer by A & G. In particular, except as provided in Article 7.1 below, A & G will ship the products to the customer only when he became aware of the payment of the customer by the entities in charge of that.
6.3 - In accordance with the provisions of Legislative Decree no. 20 February 2004, n. 52, as amended, invoices for fees related to this Contract of Sale shall be sent by A & G Customer electronically to the e-mail address indicated by the customer at the time of transmission of the Order to A & G. If the customer wishes to send the bill on paper, by mail, the shipping costs will be entirely dependent on him in accordance with applicable tariffs.
6.4 - TThe Customer undertakes to promptly notify any changes of A & G billing data, such as, without limitation, credit card expiration, termination of the bank account, change of addresses to which to send invoices, etc.. In particular, the Customer acknowledges that, in the case of payments made by credit card, the agency emitter can directly communicate to A & G any changes in the credit card itself (such as, for example, data renewal, loss, replacement, cancellation, theft), in order to allow the charging of payments on any new credit card.
7.1 - n case of non-payment of fees for A & G, A & G it will give notice to the customer, in writing by registered letter A / R, to meet within fifteen (15) days from receipt of such notice, stating that, after of that period, this Contract of Sale shall be deemed definitely canceled, except for the right to recover damages, including all costs which may be incurred for the recovery of fees not paid promptly. In that case, the customer will be required to return, at their own expense, to A & G Products purchased.
8.1 - A & G is committed to provide the Customer Products purchased on schedule in this Agreement of Sale and with the characteristics specified in the Site, Order and, where required, in the guarantee. To this end, A & G states that images of products reproduced on the site are indicative of the characteristics of the products themselves.
8.2 - A & G also states that each product is described with parameters (by way of example, the weight of the metal, gold color, carat, color, clarity of the stones), which may vary according to working - that are intended as craftsmanship - aimed at maintaining the quality of products.
8.3 - The guarantee of conformity of products to the technical characteristics described is determined by its manufacturer, which determines the length and terms. Rules for the implementation of the guarantee are those provided by the manufacturer and indicated in the guarantee attached to the Product. The producer, for certain types of products, will issue appropriate guarantee certificate, which will be by A & G attached to the Product. A & G will offer, in any case, the Customer on its collaboration in the early stages of the return to the producer of the product under warranty.
8.4 - In particular, if a product, within two (2) years from delivery to the customer, highlighting defects in compliance with the characteristics specified in the Site and in the Order, the customer will have the right to apply to A & G for the restoration of conformity Product purchased, asking, at its option and without charge, repair or replace the Product in the same, unless the remedy requested is impossible or disproportionate to the other. To this end, the remedy requested by the Customer will be considered too costly, when A & G to impose unreasonable costs in comparison with the alternative remedy, taking into account: a) the value that the product would have if there was the lack of conformity; b) of the lack of conformity; c) whether the alternative remedy could be completed without significant inconvenience to the customer.
8.5 -The repair or replacement of the defective Product will be made within a reasonable time from the day the request is received at A & G and so that they are not caused to the customer significant inconvenience, taking into account the nature of the product and the purpose for which the customer has purchased. In any case, the timing for the repair or replacement of the Products will be determined by the manufacturer of the Products. A & G, therefore, will not be liable for costs or damages resulting from any delay in the repair of the products due to third parties.
8.6 - If (i) the repair or replacement of the product are impossible or prohibitively expensive; (ii) A & G has not provided for the repair or replacement within the appropriate period referred to in Article 8.5 above; (iii) the repair or replacement previously made have caused significant inconvenience to the customer, the same customer may request an appropriate reduction of the price of the product - while taking into account the fact the product was the same - or, at its option, the resolution of this Agreement of Sale. A minor lack of conformity of the product for which it was not possible, or it was too costly, repairing or replacing the product, the customer will not be entitled to termination of this Contract of Sale.
8.7 - To take advantage of the remedies provided for in this Article 8, the customer must prove the existence of the defect in the product at the time of delivery thereof. Unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six (6) months after delivery of the product already existed on that date.
8.8 - Non compliance must also be reported to A & G within 2 (two) months from the date on which the customer has discovered the defect.
8.9 - Found the lack of conformity of the product in the terms and in the manner provided for in this Article 8, the customer to request the remedies provided therein must send a message to A & G e-mail to email@example.com or call number + 39 329 1631836, indicating the lack of conformity is found, as well as the telephone number and the time - to be between 9 and 12:30 and between 14 and 17 working days - in which the customer wishes to be contacted by the technical staff of A & G for possible authorization to return the product for A & G. Telephone contact which reported the defect found, must then be confirmed by e-mail at firstname.lastname@example.org.
8.10 - Once authorized by A & G to return to the defective product, the customer must store the product in its original packaging, complete with all its parts and including all the documentation, as originally purchased.
8.11 -The remedies provided for in this Article 8 will not be remedies available, pursuant to Article 9.1. (A) below, if the product has been tampered with by the customer or by unauthorized third parties, if the defects were caused by carelessness or misuse, shocks, falls, use of materials not compliant with the technical specifications of the product or for any other cause not due to manufacturing defects. In addition, A & G will not be liable or responsible for unforeseeable circumstances or force majeure.
8.12 - In case of fulfillment of the conditions referred to in this article 8 in order to request repair or replacement of defective Products, the costs incurred for delivery of products, labor and materials used for aligning the products will not be charged to the customer. In any case, A & G reserves the right to charge the customer any costs incurred for shipping and testing of products, which prove intact and without the lack of conformity declared by the customer, or in the case of the absence of conditions for further action under in this Article 8. 8.13 - Should not met the conditions for the remedies provided for in this Article 8, before submitting to the manufacturer the product for repair, A & G will notify the customer the budget for the costs and expenses for the repair of the product itself. In the event that the customer renounce repair, the same will be charged an amount of € 100.00 (one hundred) for costs incurred for the examination of the product.
9.1 - The customer is obliged to:
a) not modify the Products;
b) use in any case the Products supplied by A & G in accordance with this Agreement of Sale.
10.1 - Any notice required or permitted by the provisions of this Contract of Sale, unless it is otherwise provided, shall be in writing and shall be deemed effective and validly executed on receipt of the same, if carried out by e-mail, by fax or by mail at the following addresses:
-- for communications made by the postal service: A & G S.r.l. - Galileo S.r.l., Corso Galileo Ferraris, 33 - 10121 Torino;
-- for communications made by phone: + 39 329 1631836;
-- for communications sent by e-mail: email@example.com.
If the customer at the email address or postal address indicated in the Order.
10.2 - Any changes will take effect only after 10 (ten) days of receiving the written notice on the other side.
10.3 - It is understood that, with the conclusion of this Contract of Sale, Customer expressly authorizes A & G to do all communications related exclusively to its work. This consent may be revoked by sending the Customer to A & G's registered letter.
11.1 - This Contract of Sale is subject to Italian law.
11.2 - For any and all disputes relating to this Contract of Sale concerning the conclusion, performance, termination and / or interpretation of the same, or otherwise connected to it, will be the competent court of the place of residence or domicile of choice of the customer.
12.1 - The premises, the Order, as well as any additional terms and conditions specified on the Site, are an integral part of this Contract of Sale.
12.2 - The present Agreement of Sale constitutes the entire agreement between the parties regarding the subject matter of the Contract of Sale same.
12.3 - Any amendment to this Agreement of Sale shall result from a written instrument, duly signed by both parties.
Turin, lí 13/03/2015
The Client, having read the present General Conditions of Sale, accept specifically, under Articles 1341 and 1342 and Articles 33 et seq. of the Consumer Code, Article 3.4 (Availability of Products); Article 3.5 (Delivery of Products); Article 3.8 (Replacement Products); Articles 4.5. and 4.6 (checks on products made); Article 4.7 (Personalization Products); Article 6 (Terms and method of payment); Article 7 (Non-payment); Articles 8.2, 8.4, 8.5, 8.10, 8.11 and 8.12 (Excluding guarantees).