GENERAL INFORMATIONSThese General Conditions of Sale have as their object the purchase of products carried out remotely via electronic network on gioielleriaporromilano.it, belonging to MP sas di Francesca Porro and VAT number IT08598040965, hereinafter referred to as “the owner”, with headquarters in Milan, via Fiori Chiari 16. Each purchase transaction will be governed by the provisions of the Legislative Decree. 185/99, DLgs. 206/05; the information aimed at the conclusion of the contract will be subject to the art. 12 del DLgs. 70/03 and, as regards the protection of confidentiality, it will be subject to the legislation referred to in Legislative Decree. 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALEThe sales contracts for the products on the gioielleriaporromilano.it website are considered concluded when the purchase order placed by the customer is received by the owner and the latter accepts it. The owner will promptly send the customer a receipt of the purchase order placed by the customer. The customer, by sending his purchase order electronically, declares to have read and accepted these general contract conditions and undertakes to observe and respect them in his relationships with the owner.
PROCESSING OF PERSONAL DATAThe owner pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired, even verbally, in reference to established commercial relationships, provided directly by the interested parties, or otherwise acquired within the scope of the company’s activity, will be processed in compliance with the legislation referred to and including the confidentiality obligations provided by them. In relation to the aforementioned data, the rights referred to in Article 7 of the Legislative Decree may be exercised. 196/2003. Any update to this policy will be included in the information on the processing of personal data provided to the User when completing the login form or when placing the order.
CUSTOMER OBLIGATIONSThe Customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance.
DEFINITION OF THE ORDERBy sending the online order, the Customer sends MP sas di Francesca Porro a purchase proposal for the product and/or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale. The owner will communicate to the Customer the acceptance and confirmation of the order. In particular, the owner will not accept orders:
if the material was not available in stock at the time of the order and/or
if the Customer cannot or does not want to pay using credit cards (PayPal).
PURCHASE METHODThe customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive and technical data sheets, at the price indicated therein to which the delivery costs specified on the site are added. Before submitting the purchase order, the unit cost of each selected product, the overall cost in the case of purchasing multiple products and the related delivery costs are summarized.
Once the purchase order has been submitted, the customer will receive an e-mail message confirming receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed indication of the price, delivery costs , applicable taxes and means of payment and containing a reference to the general contract conditions and information regarding the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of Legislative Decree 4 July 2006 n. 223 “bis maneuver” Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, which restores the obligation to communicate the list of customers and suppliers in the event of issue invoice, and Legislative Decree 78 of 31 May 2010 converted into Law 122 of 30 July 2010, imposes the need to request customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.
PAYMENTThe customer can make the payment due by choosing one of the following methods listed.
Payment by credit card: If the consumer intends to make the payment by credit card, he can use the payment procedure with PayPal (www.paypal.com), suitable for ensuring the confidentiality of the data provided by customers. The credit card data is exchanged directly between your browser and the PayPal platform and under no circumstances are it visible to us. For any information and further Legal Agreements, the Customer is invited to consult the website www.paypal.com.
Payment with PayPal: In the event that the consumer intends to make the payment through his PayPal account, he can use the payment procedure with PayPal, suitable for ensuring the confidentiality of the data provided by customers. For any information and further Legal Agreements, the Customer is invited to consult the website www.paypal.com.
DELIVERY OF PRODUCTSThe purchased good, together with the relevant invoice, is shipped via courier to the address specified by the Customer when ordering online within approximately 5 working days, with the exception of pre-orderable products. Any specific needs must be presented by the customer to the owner. In the event of non-delivery due to the absence of the recipient, at the address indicated in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender (the owner).
In this case, the contract must be considered legally terminated pursuant to art. 1456 cc, with simple communication from the Seller sent by e-mail to the User, and, therefore, the order for all intents and purposes will be cancelled. Within 20 days of the aforementioned communication, the Seller therefore undertakes to refund the total amount paid by the User for the Products, minus the costs of unsuccessful shipping, the costs of returning the Products to the Seller and any other possible expense that the Seller has incurred due to non-delivery depends on the absence or inertia of the User in fulfilling the obligation to receive the delivery. Any additional storage and transport costs will be charged to the customer.
If the Customer intends to receive the goods, he will pay, without prejudice to the above, the additional shipping.
GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTSThe products purchased on the gioielleriaporromilano.it website are subject to the regulations on the sale of consumer goods. The products delivered comply with the characteristics illustrated online in the relevant descriptive and technical data sheets.
The owner is responsible towards the customer for defects in conformity existing at the time of delivery of the goods. For the warranty terms, refer to the consumer code (Legislative Decree 206/05),
RIGHT OF WITHDRAWALThe consumer who for any reason is not satisfied with the purchase made at gioielleriaporromilano.it has the right to withdraw from the stipulated contract, without any penalty, within 14 (fourteen) working days, starting from the day of receipt of the goods. The withdrawal must be communicated via email (email@example.com), indicating the reasons for the return.
Within the aforementioned period of 14 days, the purchased goods must be returned to the sender, intact, in their original packaging. Shipping costs for returning the goods will be borne by the customer. Once the goods have been received, upon their arrival at the warehouse, the goods will be examined and, in the presence of damage or tampering, the withdrawal cannot be exercised. In case of acceptance of the return, the owner will forward the entire amount (less the shipping costs of 4 euros, even in the case of purchase with free shipping) paid by the consumer, using the methods used for the purchase.
Pursuant to the combined provisions of the articles. 49 and 59 of the Consumer Code, the Consumer is informed that for all products customized at the Customer’s request the right of withdrawal is excluded.
EXPRESS TERMINATION CLAUSEIn the event of total or partial non-payment of the purchase price of the property, the owner reserves the right to declare pursuant to and for the purposes of art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s electronic address.
COMPLAINTSFor any complaints or clarifications, the customer must contact the email address firstname.lastname@example.org. The customer will be contacted for clarifications within 3 (three) working days of the request.
APPLICABLE LAW AND JURISDICTIONThis contract is regulated by the Italian law.
All disputes arising from this contract will be referred to a conciliation attempt at the Mediation Body of the Milan Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
If the Parties intend to appeal to the ordinary Judicial Authority, the exclusive jurisdiction and forum for any legal action brought by the Buyer pursuant to this guarantee or any further legal guarantees will be the Court of MILAN. If the owner wins any legal action, the plaintiff will have to reimburse the owner for expenses, including attorneys’ fees and court costs, incurred by the owner for his defense.