These conditions refer to and regulate the offer, the sale and purchase of products on the website www.vincenzofarella.com, managed by Vincenzo Farella Gioielli (Jewelry), P.iva14586541006, with headquarter in Via Santa Chiara n.60, 62-63, 00186, Rome - Italy.
These general conditions are valid exclusively between Vincenzo Farella Gioielli and any person who makes purchases online on the website www.vincenzofarella.com.
Vincenzo Farella Gioielli reserves the right to modify unilaterally and at his sole discretion, in compliance with current legislation, the general conditions of sale defined herein with immediate effect on sales offers and transactions made after such modification; therefore, before each purchase we recommend that you read them carefully.
Any changes made will be communicated at the same time with a special banner that will be inserted with appropriate visibility on the home page of the site www.vincenzofarella.com.
The products offered and the online sales activity carried out on the site www.vincenzofarella.com are intended exclusively for users of the site who are "consumers" over 18 years of age (as better specified in the "consumer obligations" clause);
In the case of purchases of products offered on the site www.vincenzofarella.com or at the point of sale Vincenzo Farella Gioielli, where the buyer does not have consumer rights as defined by the Consumer Code, it is necessary to contact directly at the following telephone number 06/6871748, or e-mail address [email protected], in order to define the terms and conditions of sale, shipping costs and VAT and billing regime applicable to the specific case; in this case, buyers are requested to refrain from buying directly through the site www. vincenzofarella.com and these general conditions of sale cannot be considered extended to any purchases made in violation of this warning.
Vincenzo Farella Gioielli reserves the right not to follow up purchase orders from persons other than "Consumers", or in any case orders that do not comply with its Commercial Policy.
Object of the contract
With these general conditions of sale online, Vincenzo Farella Gioielli sells and the customer buys at a distance only and exclusively the products indicated and offered for sale on the site www.vincenzofarella.com.
The general conditions of sale do not regulate, however, the supply of products or services by parties other than Vincenzo Farella Gioielli that are present on www.vincenzofarella.com through banners, links or other hypertext links. The customer, therefore, before sending the purchase order is advised to check the conditions of sale of the third party, as Vincenzo Farella Gioielli, is not and cannot be held responsible for the supply of products by third parties.
Pre-contractual information for the consumer - ART. 49 D.LGS 206/2005
The customer before the conclusion of the purchase contract, understands the characteristics of the goods that are illustrated in the single product sheets at the moment of the choice.
Before the validation of the order, the customer is informed about:
- total price of the goods including taxes;
- method of payment;
- the description of the main characteristics of the products;
- the term within which Vincenzo Farella Gioielli undertakes to deliver the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (see clause Right of Withdrawal);
- existence of the legal guarantee of conformity for the purchased goods;
- conditions of after-sales service and commercial guarantees provided by Vincenzo Farella Gioielli.
The customer may at any time and in any case before the conclusion of the contract, take note of the information relating to Vincenzo Farella Gioielli, the geographical address, telephone number, e-mail address, information that is reported, even below:
Vincenzo Farella Gioielli, via di Santa Chiara, n.60, 62-63, 00186,Roma, tel. 06.6871748, e-mail [email protected]
Conclusion and effectiveness of the contract
The online sales contract is concluded exclusively through the internet, through the access of the customer at www.vincenzofarella.com and the completion of a purchase order according to the procedure provided by the site itself.
The language available to conclude the contract with Vincenzo Farella Gioielli are: Italian and English.
The procedure for the compilation and transmission of online purchase forms is as follows:
- filling out an information sheet to make contact with Vincenzo Farella Gioielli, indicating the product identified by a code, the price of the product, name, surname, residence, e-mail, telephone, filter;
- negotiation between Vincenzo Farella Gioielli and the potential buyer through e-mail or telephone contact;
- filling out of a computer form containing the request of the buyer's data for shipping;
- filling out of a computer form for the insertion of the data relative to the methods of payment, where, in case of payment by credit card, the type of credit card, expiration date and ccv code, price, filter, and authorization to the treatment of personal data will be indicated;
- e-mail confirmation by Vincenzo Farella Gioielli of the completion of the purchase;
- preparation of the electronic invoice by Vincenzo Farella Gioielli;
- shipment of the goods by courier with attached fiscal and warranty documentation;
The customer, before proceeding to the confirmation of his order, undertakes to read these general conditions of sale and pre-contractual information provided by Vincenzo Farella Gioielli visible with a flag in the Home-page of the site www.vincenzofarella.com.
The customer undertakes to verify the correctness of the personal data contained in the e-mail sent by Vincenzo Farella Gioielli for the confirmation of the purchase and to promptly communicate any corrections / changes to be made.
If errors are found, it will be possible to correct the inaccuracies on the order form before submitting the purchase form; subsequently the transmission will be considered completed, and the presence of any errors can be eliminated only by contacting Vincenzo Farella Gioielli at 06.6871748 or at [email protected]
Vincenzo Farella Gioielli is committed to describing and presenting the items sold on the site in the best possible way. However, there may be some small discrepancies between the product shown on the site and the real product. Moreover, the photographs of the products presented on www.vincenzofarella.com do not constitute a contractual element, as they are to be considered only representative.
Availability of the products
The availability of the products refers to the actual presence of the goods in the store when the customer places the order. This availability must however be considered purely indicative, as:
- the products could be sold to other customers before the order confirmation, due to the simultaneous presence on the site of several users,
- a computer anomaly could occur such as to make available for purchase a product that is not actually present on the computer site.
Even after sending the order confirmation e-mail sent by Vincenzo Farella Gioielli, there may be cases of partial or total unavailability of the goods.
In this case, the order will be automatically corrected with the elimination of the product or products not available and the customer will be immediately informed by e-mail; with the same e-mail the customer will also be informed of the method and timing of reimbursement of any sums paid.
In any case Vincenzo Farella Gioielli disclaims any responsibility for errors or omissions in updating the site regarding the availability of products for orders for which the contract has not yet been concluded.
All sales prices of the products indicated on the website www.vincenzofarella.com are expressed in Euro and include VAT at 22% (twenty-two percent).
Shipping costs are charged to Vincenzo Farella Gioielli.
If the customer is domiciled outside the European Union or you want to ship the order to a country outside the European Union, please note that the applicable VAT system in force provides for the non-taxability of the fees due, pursuant to Article 8 of Presidential Decree no. 633/72, as amended by Legislative Decree no. 18/2010; therefore, the prices of the products will be recalculated by separating the tax in question on the basis of the address of the recipient of the delivery indicated in the shipping form.
For purchases of products of Vincenzo Farella Gioielli outside the European Union remain charged to the customer any costs related to import taxes or customs duties, to be calculated in each specific case and available on the websites of the Customs of the State where the delivery of the product must be made.
The customer accepts the right of Vincenzo Farella Gioielli to modify his prices at any time, also by virtue of the variation in the prices of the raw materials used by Vincenzo Farella Gioielli, however, the goods will be invoiced on the basis of the prices indicated on the site at the time of order creation and indicated in the confirmation email sent by Vincenzo Farella Gioielli to the customer. The latter, therefore, is invited to ascertain the final sale price before the telematic transmission of the relative order form.
In the event of a computer error or any other kind that could lead to a substantial change in the sale price, not foreseen by Vincenzo Farella Gioielli and that makes it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the customer will be refunded within 14 days from the day of cancellation.
Methods of payment
Any payment can be made by credit cards and bank transfer.
In case of payment by credit card, the disbursement of money will be managed through the Stripe platform, and therefore will be required credit card number, expiration date and ccv code;
The communications related to the payment and the data communicated by the customer when the payment is made take place on special protected lines.
At no time during the various payment procedures mentioned above, Vincenzo Farella Gioielli will be able to know the customer's financial information, since, since there is no data transmission, there will be no possibility that the data will be intercepted.
Methods of delivery
Vincenzo Farella Gioielli will accept orders to be delivered in the Italian territory, in the member countries of the European Union and outside the European Union.
The products will be delivered by courier DHL Express Rome (Via della Colonna Antonina, 53, 00186 Rome) to the address indicated by the customer at the time of the order; the goods will be delivered to the courier approximately within two working days from purchase and the delivery of the courier with standard shipping will take place approximately within five working days for Italy and within ten working days for other members of the European Union.
In the event that the shipment must be made outside the European Union, the customer is invited to contact by phone at 066871748 or by e-mail [email protected] Vincenzo Farella Gioielli, in order to agree on the costs related to taxes or any customs duties, applicable to the specific case and shipping times.
In compliance with the provisions of Article 61 of the Consumer Code, it should be noted that the above delivery times are indicative and are not binding for Vincenzo Farella Gioielli, as they may vary depending on the immediate availability of the product or for reasons dependent on the courier responsible for shipping. Therefore, Vincenzo Farella Gioielli, while respecting the delivery terms indicated above, is not able to give an exact delivery date.
In the event that the delivery is not completed within 30 working days from the conclusion of the contract, it will be possible to withdraw from the order in the manner provided in the "right of withdrawal" clause and Vincenzo Farella Gioielli will return what has already been paid, except for purchases of "customized products". However, if delivery within the estimated time is not possible due to customer intervention, the shipping costs will be charged to the customer by Vincenzo Farella Gioielli.
Legal guarantee of compliance
In case of receipt of defective products or in any case not in compliance with the orders at the time of purchase, the customer, at no additional cost, has the right to restore the conformity of the product by repair or replacement of the product itself as provided by art. 128 et seq. of the Consumer Code.
In consideration of the above, the customer is urged to examine the products at the time of receipt in order to immediately verify any non-conformity or possible defects.
All products on the site www.vincenzofarella.com are distinguished by originality and exclusivity, as personally designed and manufactured by Vincenzo Farella Gioielli; consequently, products used or inferior to the standards offered on the market are excluded from the site and the products themselves benefit, in addition to the legal guarantee of compliance referred to in the previous article, also the commercial guarantee, in relation to which the rules of the Civil Code on the subject are applied.
In order to benefit from the warranty assistance, the customer must keep the invoice that is sent by the Seller when the purchase is completed.
Right of withdrawal
According to art.52 and following, of Legislative Decree 206/2005, the customer has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days from the date of receipt of the products.
In case of multiple purchases, with a single order and delivered separately, the term of 14 days from the date of receipt of the last product.
The customer who intends to avail himself of the right of withdrawal under Article. 57 of the Consumer Code, must notify Vincenzo Farella Gioielli using the form "Withdrawal type in Annex 1, Part B, of the Consumer Code", or any explicit statement of his decision to withdraw from the contract at [email protected] indicating name, surname, shipping address, product code, date the order
was placed, date the product was received and signature of the customer.
After the e-mail the customer will send a registered letter with return receipt containing the declaration of willingness to exercise the right of withdrawal in paper form to Vincenzo Farella Gioielli, via di Santa Chiara, 60, 62-63, 00186, ROME.
The burden of proof relating to the exercise of the right of withdrawal lies with the customer.
The exercise of the right of withdrawal implies:
- the return of the product to Vincenzo Farella Gioielli within and no later than 14 days to the above address;
- the goods must be returned intact, in the original packaging, complete in all its parts and fiscal and warranty documentation;
- the return of the product subject to withdrawal, will be made through a courier chosen by the customer, who will bear the shipping costs; the customer will also be responsible for any liability in case of loss or damage to the products in his possession and during transport for the return: the customer is therefore invited to make sure to take reasonable custody measures.
- The returned products must not be used, worn or damaged;
- the products must be returned in their original packaging, complete with everything included in the delivery;
- the delivery of products to be returned to the courier appointed by the customer for the return must be made inside an envelope or parcel that clearly indicates on the outside the name, surname, address of the sender, as well as the identification code of the order;
- if the return concerns more than one product traceable to a single order, they must be returned in a single shipment. Vincenzo Farella Gioielli reserves the right not to accept items from a single order at different times;
- in any case, will not accept returns on customized products;
- as provided by art. 56 paragraph 3 of Legislative Decree 206/2005, Vincenzo Farella Gioielli may suspend the refund until receipt of the goods or until the customer has demonstrated that the goods have been returned to the correct address.
The only costs charged to the customer are those of shipping for the return of the product purchased; the customer bears the responsibility in case of loss or damage to the goods in his possession and during transport for the return.
Once received the returned products, Vincenzo Farella Gioielli, will proceed to check the status of the product itself (ie that the goods do not present signs, abrasions, etc. ...) and the conformity of the return to the conditions and terms indicated in this contract for the return of purchases in the event of withdrawal; in case of positive verification, the customer will receive, at the registration address, an e-mail confirmation of acceptance of returns; Otherwise, the customer will receive, always at the registration address, an e-mail refusal reasoned;
In accordance with art. 56, Consumer Code, Vincenzo Farella Gioielli will refund all payments received from the consumer within 14 days and in any case no later than 30 days from the date on which Vincenzo Farella Gioielli is informed of the customer's decision to exercise the right of withdrawal.
The refund will be made using the same means of payment used by the customer for the initial transaction.
The actual time to re-credit or return the sums paid by the customer for the purchase of the returned goods will also depend on the method of payment used: if the payment was made through the Stripe platform, the refund time will depend on the administration of the company that took over the service; if the payment was made by bank transfer, the refund time will be that of making a bank transfer within Italy or the Member State of the European Union. For the reimbursement of payments outside of the European Union, the actual time of re-credit depends on the agreements made by the customer's credit institution and those available to Vincenzo Farella Gioielli.
Obligations of the consumer
The customer declares and warrants:
- to be a consumer according to the provisions of art. 3 of the Consumer Code (i.e. a person who buys goods for purposes not related to his professional activity);
- to be of legal age (i.e., to be, according to art.2, C.c., subject by right with full capacity to act);
- that the data provided for the execution of the contract are correct and truthful.
Vincenzo Farella Gioielli does not assume any responsibility for inefficiencies due to force majeure or fortuitous circumstances, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it fails to execute the order in the time provided for in the contract.
Access to the Site
The customer has the right to access the site for consultation and making purchases. No other use, in particular commercial use, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the technology used remain property of Vincenzo Farella Gioielli and are protected by intellectual property law.
These General Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Conditions of Sale are considered invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
Applicable law and jurisdiction
Purchases are governed by the Italian legislation in force on the subject and in particular by Legislative Decree no. 206/2005 (Consumer Code) and Legislative Decree no. 185/99 (implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts), as well as the Vienna Convention of 11 April 1980 (on the international sale of goods).
The protection of personal data is guaranteed in accordance with the regulations contained in Legislative Decree no. 196/2003, as well as Articles 13 and 14 of European Regulation 679/2016, which came into force in Italy on 25 May 2018.
In the event that the customer is domiciled outside the Italian territory or a delivery is requested outside Italy, please note the possible existence of specific laws governing the sale, purchase, export or import of products from abroad, or which provide for special authorizations by the competent authorities. Since Vincenzo Farella Gioielli has no possibility to verify the laws of individual states, it will be the customer's obligation to verify the existence of such laws or regulations applicable to the individual case.
Pursuant to art. 66 bis, Consumer Code, any dispute that cannot be settled amicably will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the customer, if located in the territory of the State.
In any case, it is possible to optionally resort to extra-judicial procedures, through recourse to the procedures set forth in Part V, Title II-bis of the Consumer Code.
For anything not provided for in these general conditions of sale, in case of dispute, the provisions of current legislation governing the matter herein and those of the Italian Civil Code, where applicable, shall apply.