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Identification of New Fashion Jewels - Online Jewelry Store
The real object of these general conditions are offered for sale by the Linea Oro S.A.S. Crivelli Luigi & C. based in Maiori (SA) Lungomare Amendola n° 2,egistered with Business Register of Salerno. Number: SA-241151, Tax ID and VAT: 02771210651, hereinafter referred to as "Supplier".
1.1. The term "contract of sale on line" means the purchase agreement relating to movable tangible property of the Supplier signed between them and the Buyer as part of a sales system remotely via telematics, organized by the Supplier.
1.2. The term "Purchaser" shall mean the natural person undertaking consumer purchase, under this contract, for purposes not related to the commercial or professional activity.
1.3. The term "Supplier" means the person specified in the epigraph or the lender for information services.
Subject of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser acquires at a distance through telematics movable materials indicated and offered for sale on the site www.newfashionjewels.com
2.2. The products referred to above are explained on the website: www.newfashionjewels.com
Mode of securing the contract
3.1. The contract between the Supplier and the Buyer concludes exclusively through the Internet by accessing the Purchaser at www.newfashionjewels.com, where, following the procedures indicated, the Buyer formalizes the proposal for purchase of goods contract for the purchase of goods referred to in paragraph 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase agreement is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by completing the form / form attached to the electronic catalog online at www.newfashionjewels.com/cart and then send the form / module, always after viewing a web page order summary, printable, where information reported to the payer and the order, the price of goods purchased, shipping charges and any additional charges, the procedures and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2. At a time when the Supplier receives the order by the Buyer shall send an e-mail confirmation, or to display a web page confirmation and order summary, printable, which are also reported in the retrieved data previous point.
4.3. The contract is deemed not perfected and effective between the parties at fault than indicated above.
Mode of payment and reimbursement
5.1. Each payment by the Purchaser will be possible only by means of one of the methods indicated in the web page by the Supplier.
5.2. Any refund will be credited to the Buyer through one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in case of exercise of the right of withdrawal, as governed by 13,2 et seq. of this contract, not later than 30 days from the date on which the Supplier is aware of the termination.
5.3. All communications concerning payments are made on a special line Supplier protected by encryption system. The Supplier guarantees the storage of this information as an additional layer of encryption and security in accordance with the provisions of applicable regulations regarding the protection of personal data.
Timing and mode of delivery
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the well, as confirmed in the e-mail referred to in point
6.2. The timing of the costs may vary from the day you order a maximum of ___ days of confirming the same. In the event that the Supplier is unable to ship within that period but in any event within that indicated in the following point, it will be given prompt notice by e-mail to Buyer.
6.3. The manner, timing and shipping costs are clearly stated and well highlighted at www.newfashionjewels.com/delivery-informations.
7.1. All the selling prices of the products displayed and indicated on the website www.newfashionjewels.com are expressed in dollars and an offer to the public pursuant to art. 1336 cc
7.2. The sales prices of the previous point, include VAT and any other taxes. Shipping costs and any costs (eg. Customs clearance), if present, although not included in the purchase price must be indicated and calculated in the process prior to the order by the Buyer and also contained in the web page summary of your order.
7.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalog.
8.1. The Supplier assures through the electronic system used processing and fulfillment without delay. To do so indicates in real time, in its electronic catalog, the number of products available and non-available and shipping times.
8.2. If an order exceeds the amount present in the warehouse, the Supplier, by e-mail, make it known to the Purchaser if the property is no longer bookable or what are the waiting times to get the well chosen, wondering whether it confirms the order or less.
8.3. The computer system of the Supplier confirms in the shortest possible time of the registration of the order by forwarding to you a confirmation by e-mail, according to paragraph 4.2.
Limitation of liability
9.1. The Supplier shall not assume any liability for disruptions caused by force majeure if unable to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors.
9.3. The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to him, as the Buyer shall only be entitled to a refund of the price paid and any charges incurred.
9.4. The Supplier shall not assume any liability for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he took all the precautions possible based on the best science and experience of the moment and according to ordinary diligence.
9.5. In no event shall Buyer be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.
Liability for defects, evidence of harm and damages: the obligations of the Supplier
10.1. Under Articles. 114 et seq. of the Consumer Code, the Supplier is responsible for damage caused by defects of goods sold should he fail to communicate to Damaged, within three months from the request, the identity and address of the manufacturer or the person who supplied him with the good.
10.2. The above request, by the Damaged, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; must also contain the offer in view of the product, if it still exists.
10.3. The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to a rule of law imperative or a binding measure, or if the state of scientific and technical knowledge at the time when the producer he put the product into circulation, not even allowed to consider the defective product.
10.4. No compensation will be due if the Damaged party was aware of the defect in the product and the danger entailed by it and yet there has voluntarily exposed.
10.5. In any case the Damaged must prove the defect, damage, and the causal relationship between defect and damage.
10.6. The Damaged can claim compensation for damage caused by death or personal injury or destruction or deterioration of property other than the defective product, provided the type ordinarily intended for private use or consumption, and so mainly used by Damaged.
10.7. The damage to things in art. 123 of the Code of consumption will, however, compensable only to the extent that exceeds the sum of USD ___.
Warranties and delivery of care
11.1. The Supplier is liable for any lack of conformity which becomes apparent within a period of 2 years from the delivery of the goods.
11.2. For the purpose of this contract is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) are fit for the purposes for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of goods which the seller has presented to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the property and, where appropriate, public statements on the specific characteristics of the goods made about them by the Seller, from manufacturer or his agent or representative, particularly in advertising or labeling; d) are also suitable for use particularly wanted by the consumer and that it was from these made known to the seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.
11.3. The Buyer loses all rights to the Seller if it denounces the lack of conformity within two months from the date when the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.
11.4. In any case, unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within 6 months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect compliance.
11.5. In case of lack of conformity, Buyer may ask, alternatively and without costs under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request not objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be made received in writing, via registered mail, to the Supplier, which will indicate their willingness to act on your request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, will have to indicate the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods.
11.7. If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair previously made have caused significant inconvenience to Buyer, these may request, at its option, an appropriate price reduction or termination of contract. Buyer shall in such case send their request to the Supplier, which will indicate their willingness to act on the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer's request, will have to indicate the price reduction proposal or how to return the defective goods. In such cases will charge the Buyer indicate how the crediting of amounts previously paid to the Supplier.
Obligations of the Buyer
12.1. Buyer agrees to pay the price of the goods purchased in the time and manner specified by the contract.
12.2. Buyer agrees, once the purchase process online, to handle the press and the conservation of this contract.
12.3. The information contained in this contract have been, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before purchase confirmation
Right of withdrawal
13.1. The customer is entitled to withdraw, if your product does not meet your demands, without specifying the reason, no later than thirty (30) days from the date of receipt of goods.
13.2. To exercise the right of withdrawal, the customer must send the communications made by e-mail at the address email@example.com specifying description and quantity of products you intend to return.
13.3. Our customer service department will re-contact the customer as soon as advising on the most suitable mode for the return.
13.4. The return of the goods, in a suitable packaging that protects the integrity, should be made at "Linea Oro SAS di Crivelli Luigi & C. - Lungomare Amendola n°2 - Maiori (SA) 84010" no later than thirty (30) days of receipt, and the cost is borne by the customer.
13.5. As soon as we received the package with the return, it will be our eagerness verify the integrity of the goods purchased, which must be complete with all parts original (including any documentation and accessories) in the case of return items damaged or tampered with will not be able to provide refund the amount paid for the purchase of products. (The integrity of the property returned is an essential condition for exercising the right of withdrawal).
13.6. Evaluated the integrity of the goods we will refund the amount paid within 48 hours. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the goods to the Supplier
13.7. The Supplier will free the repayment of the full amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal.
13.8. With the receipt of notice which the Purchaser shall notify the exercise of the right of withdrawal, the Parties to this agreement are dissolved by mutual obligations, except as provided in paragraphs of this article.
Causes of resolution
14.1. The bonds referred to in 12.1 assumed by the Buyer, as well as security for the payment to the Buyer using the means of point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6, They are essential, so that, by express agreement, the failure of even one of these obligations, if not caused by accident or force majeure, will result in the termination of the contract pursuant to Art. 1456 cc, without any judicial decision.
Protection of confidentiality and data processing Buyer
14.1. The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 196.
14.2. Personal data collected directly and / or through third parties by the Supplier, the data controller, are collected and processed in printed, computing, telematics, in relation to the treatment methods with the purpose of registering the order and provide him the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any obligation of the law, and to enable effective management of business relationships to the extent necessary to perform the best service required (art. 24 , paragraph 1, lett. b, Legislative Decree no. 196/2003).
14.3. The Supplier undertakes to treat as confidential data and information submitted by the Purchaser and not to disclose to unauthorized persons, nor to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of the court or other authority authorized by law.
14.4. Personal information will be disclosed after signing of a commitment to confidentiality of the same, only to delegates to carry out activities necessary for the execution of the contract and disclosed only for that purpose.
14.5. The Purchaser has the rights under Article. 7 of Leg. 196/2003, and that is the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data that need not be kept for the purposes for which the data were collected or subsequently processed;
c) confirmation that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disclosed, except if this requirement impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data, pertinent for collection purposes; ii) the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communication.