These general conditions concern the purchase of products through the site www.soutacejewellery.com.
The purchase will be govern by the instructions of the Decree nr. 185 of 22.05.1999, while the privacy will be subject to the Decree nr.196 of 2003.
These general conditions are valid from 07.02.2014. They will be updated or changed by soutachejewellwry.com at any time, without notice, and will be valid from the date of publication in the website www.soutachejewellery.com.
The customer undertakes, whenever there is a change in the present conditions, to inspect and, if appropriate, to provide for their printing and storage.
A on-line sale contract means a distance contract concluded between a supplier and a customer, as part of a remote sales system organized by the supplier; that is the legal transaction concerning goods and/or services, which for this contract shall use only the remote communication technology, called Internet. Consumer is the person who buys goods and services for directly or not directly purpose, related to his professional activity eventually carried out.
ACCEPTANCE OF TERMS
1.1 The terms of the premise are integral and essential part of this contract.
1.2 All contracts concluded with Soutache Jewellery through the Site are governed by Italian law, and in particular by the Decree nr.206 of 6 September 2005 “Consumer Code” and Decree nr.70 of 9 April 2003, hereinafter “Ecommerce Decree”.
1.3 These sale general conditions are to be examined by the customer before completing the purchase process. The submission of the order confirmation involves a full knowledge of them and their full acceptance.
1.4 The customer, by sending the electronic confirmation of the purchase order, accepts and agrees to observe, in its relations with Soutache Jewellery, the general conditions described below, claiming to have read and accept all the informations, under the rules above mentioned, and also recognizing that Soutache Jewellery not consider itself bound to different conditions unless previously agreed in writing.
1.5 Any order made with the company Soutache Jewellery implies the acceptance by the customer, without reserve, of these general conditions of sale. Please note that our photos have not a bargaining power. In case the customer decides to cancel an already accepted by Soutache Jewellery order, the deposits will be retained as partial compensation, without limit Soutache Jewellery to claim compensation for damage that might be has been caused by this cancellation.
SALES PRICES AND PURCHASE
2.1 All the prices indicated on the Internet site www.soutachejewellery.com are inclusive of VAT.
2.2 The shipment’s cost until the customer’s home is the responsibility of the customer, unless otherwise specified. The customer will be informed about this cost before the order confirmation.
2.3 The contract is concluded with the exact compilation and after performing all the steps of the payment’s cart.
2.4 The customer can pay using the payment on-line modalities indicated at the time of purchase.
2.5 The prices of different types of transport refer to the weight, pack size and the delivery destination.
2.6 Soutache Jewellery reserves itself the right to modify at any time without notice its prices, in order to adjust them to the pricing policy of its suppliers.
3.1 Soutache Jewellery will deliver by courier the products selected and ordered to the address specified by the customer, under the modalities preview by the above mentioned article.
3.2 The goods purchased will be delivered within the terms provided by the art. 6 of the Decree nr. 185 of 1999. No responsibility can be ascribed to the supplier for late or missed delivery, caused by reasons of force majeure or unexpected circumstances.
3.3 The customer is bound to verify, upon receipt, the conformity of the product delivered to him with the order. Only thereafter, and unless the right of withdrawal expected in paragraph 8 (Right of Withdrawal), the customer must sign the delivery documents.
3.4 Upon delivery of the goods, the customer must verify the integrity of packages, the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancy, the customer should be reported it on the same document, and confirmed within seven days by fax or by registered mail with return receipt, to Soutache Jewellery, via Nicola Stame 101 – 00128 Rome. Despite the packaging intact, the goods must be verified within seven days of receipt. Any hidden defects must be reported in writing by fax or registered mail with return receipt. Each alert over these terms, will not considered. The customer assumes full responsibility for each statements.
3.5 The delivery, unless otherwise agreed in writing between the parties, will take place during office hours: from 8.30 to 13.00 and from 14.00 to 17.00, every day, from Monday to Friday, except holidays.
3.6 The customer should be available at the times described in section 3.5, to avoid any additional charges by the courier for non-delivery charges, that otherwise will focus on the customer.
3.7 Soutache Jewellery is not responsible for damage caused by the carrier to the purchased products.
4.1 The customer can purchase only the products currently present in the online catalog at www.soutachejewellery.com. If the online order exceeds the amount available for a given article, Soutache Jewellery will accept a purchase limited to the number actually available to her virtual warehouse. Is the Customer Service Soutache Jewellery to disclose to the customer (according to the times indicated by the order delivery) if the products ordered will be available in the future or not.
5.1 Soutache Jewellery denies any responsibility for problems due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to implement the contract.
5.2 Soutache Jewellery, will not be liable towards third parties for damages, losses and costs incurred as a result of failure execute of the contract for the mentioned above reasons. The customer has right only to reimbursement of the price.
5.3 Soutache Jewellery is not responsible for any fraudulent or illegal use that may be arrived by third parties to detriment to credit cards, checks and other means of payment, upon payment of the purchased products. Soutache Jewellery can not, at no time during the purchase procedure, know the number of the purchaser’s credit card, which, via a secure connection, is transmitted directly to the banking service.
WARRANTIES AND CONDITIONS OF SERVICE
INTRODUCTION – The quality of our products is at the top of their respective categories. The storage and shipping method are planned to preserve them in time. All our products are covered by warranty for any defect or vice of the product itself, to be reported within 8 days of discovery. Soutache Jewellery will replace the product at our expense, or refund to the customer the amount paid, including shipping costs, in accordance with the Civil Code (Articles 1519 c and e).
6.1 Soutachejewellery.www, provider for the site, sells high-quality products. Soutache Jewellery guarantee is according to the type of product purchased. The guarantee begins on the day of well. This service is provided directly by manufacturers of goods.
7.1 The customer agrees and undertakes, at the end of the online buying procedure, to handle the press and keep the present general conditions, which, however, have already been seen and accepted as a compulsory step of the dying procedure, as well as the specifications of the product. That in order to fully satisfy the conditions of the art.3 and 4 of the Decree nr.185/1999.
7.2 These terms and conditions may be updated or modified at any time by Soutache Jewellery.com, that provides to notice changes through its website. The customer agrees and undertakes, whenever there is a change in the present conditions, to handle for their printing and storage.
7.3 It is strictly forbidden to enter false data – and/or invented and/or fantasy – in the registration process. This process provides the execution of the contract and its subsequent communications. The personal data and e-mail must be their only real personal data, and not of some other person, or fantasy.
7.4 It is expressly forbidden to make double entries for a single person or enter data of third persons. Soutache Jewellery reserves itself the right to prosecute any violation or abuse, in order to protect all customers.
7.5 Customer relieves Soutache Jewellery, from any liability arising from incorrect financial documents issue because of Customer’s errors during the data enter. The customer is solely responsible for the correct entry.
RIGHT OF WITHDRAWAL
8.1 Under Article 5 of Decree nr. 185 /1999, the customer can exercise the right to withdraw, returning the goods received and obtaining reimbursement of the price paid.
8.2 The customer, who for whatever reason, is not satisfied with the purchase, has the right to rescind the contract without penalty and without giving any reason, within 10 days from the date of receipt of the goods purchased.
8.3 The customer takes upon himself all the returning costs. The customer, directly or through other means, ensures that the delivery of the returning products is at the residence of the seller. All items must be received in the same condition, in their original packaging with manuals and/or handbooks, that are part of the original packaging. It is not allowed to return the goods otherwise.
8.4 To exercise the right of withdrawal, the customer must, within the period above specified, send a registered letter with return receipt to the following address: Soutache Jewellery – via Nicola Stame 101, 00128 Rome. The communication can be sent within the same term at the following mail address: email@example.com. The communication is validate on condition that it is confirmed by registered mail with return receipt within 48 following hours. Therefore Soutache Jewellery will provide to refund the amounts paid by the customer as soon as possible, and however, within 30 days of receipt of the notification above mentioned, withholding only the amount of postage, that will remain permanently at the customer . The right of withdrawal applies only to goods intact and not used at the time of return and can not be exercised for products which, by their nature, can not be returned or are liable to deteriorate or expire rapidly.
8.5 Soutache Jewellery accepts the returned goods, reserving to check that the products have been returned in original condition and with original packaging. Only in this case, Soutache Jewellery will refund the amount to the customer.
8.6 Transport costs, incurred to deliver the product to the customer and for the eventual return to Soutache Jewellery, are non-refundable.
8.7 Soutache Jewellery will not indemnify the customer in case of loss or damage during the restitution process. The goods must be returned with prepaid insured package. Soutache Jewellery will not withdrawn, under no circumstances, parcels to cash on delivery. The annulment right is excluded in the case of purchase of goods customized or personalized or, which for their nature, can not be returned or are liable to deteriorate or expire rapidly. Soutache Jewellery responsibility is still limited to the exchange or replacement of supplies, and in any case, Soutache Jewellery will be liable for the direct or indirect consequences originated from that mistake.
9.1 Any returns will not be accepted unless prior written agreement from our side. In any case, these returns must be made carriage paid, in their original packaging and accompanied by the original invoice with a return delivery note mentioning the reject’s reason. If the return is due to a customer order error, it will be deducted an amount equal to 40% of the total bill as expenses reimbursement. The amount already paid can not be refunded, and will be changed into a voucher having the validity of one year from its date of issue. After this deadline, no deduction can be applied to the following orders. If, during the order processing, an error was occurred caused by Soutache Jewellery, and consequently a different product had been delivered, the customer can request a replacement. In this case the expenses incurred for the return will be refunded.
9.2 If the customer would withdraw, as previously stated in paragraph 8 of these general conditions, the amount to be refunded will be credited to the same credit card.
10.1 By filling the specific online form, the customer authorizes Soutache Jewellery to use his credit card – or other card issued in replacement thereof – and to debit his bank account in favor of Soutache Jewellery for the total amount indicated as the cost of the online purchase. All the process is made via secure connection, directly with the bank owner and operator of online payment service, to which Soutache Jewellery can not access.
CONTRACTUAL ANNULMENT AND EXPRESS ENDING CLAUSE
1.1 Soutache Jewellery has the right to terminate the contract by written motivation notice to the customer; in this case the customer will be only entitled to a refund of the amount already paid.
11.2 The obligations assumed by the customer (paragraph nr.7 – Buyer’s Obligations), as well as the good completion of the payment, that the customer makes with the modalities considered in the paragraph nr. 2 (Sales Prices and Purchase), are essential. Then, by express agreement, the failure of just one of these bonds by the customer, will determine the resolution of contract (civil code ex art.r.1456), without any judicial decision. In any case Soutache Jewellery will able to sue for the additional damage.
Soutache Jewellery has the full respect of your privacy. The data you transmit to us, will be processed through electronic means and will be used by Soutache Jewellery only to allow the management of orders and shipments. In accordance with the Decree no. 196/03 “Code regarding the protection of personal data”, all information relating to personal data, orders and payments are strictly confidential. Soutache Jewellery assures the customer that, in no case and for no reason, will divulge your personal data to third parties.
12.1 Personal data are collected for the purpose of customer’s enrollment and provide him with the procedures for the execution of this contract and the necessary communications; these data are processed electronically in compliance with laws and can be produced only at the request of the court or other lawfully entitled authorities.
12.2 The personal information will be disclosed to third parties who carry out activities necessary for the execution of the contract and used exclusively for that purpose.
12.3 The customer enjoys the rights as the Decree 675 of the 1999 art. 13, namely: to ask for confirmation of own personal data in the records of Soutache Jewellery; to know their origin, logic and purpose of their treatment; to obtain updating, rectification and integration; to request cancellation, transformation into anonymous form or block in the event of unlawful processing; to oppose their processing for legitimate reasons or if the data are used for sending advertising material, commercial information, market research, direct marketing and interactive marketing communications.
12.4 The cancellation of their personal data is subject to a written communication, sent by fax or mail to the company headquarters.
12.5 Owner and manager of the collection and processing of personal data is Soutahe Jewellery.
JURISDICTION AND COURT IN CHARGE
13.1 Any dispute regarding the application, execution, interpretation and violation of purchase contracts stipulated online through www.soutachejewellery.com web site is subject to Italian jurisdiction; these general conditions are reported, although not expressly referred to therein, in conjunction with the Decree nr.50 of the 15.1.1992 and Legislative Decree nr.185 of the 22.5.1999
13.2 Any dispute between the parties relating this contract, will be taken in charge by the court of Rome.