GENERAL CONDITIONS OF SALE
1. Online Purchases: Definitions and Purpose of the Contract
1.1 The supplier of the products is the company Guimer Srl, from now on “the Company”, with registered office at Via Industry 8 a / b – Calderara di Reno – Bologna.
1.2 With The term “Site” is indicated the website www.bagnaragioielli.com, devoted to the sale of Bagnara Gioielli products, BRAND OF GUIMER SRL.
1.3 For the “on line sale contract” IS INTENDED A distance contract between Guimer Srl and the consumer for the transaction concerning movable propriety from the Company to the final Customer using only the remote communication technology -denominata “Internet.”
1.4 All contracts, therefore, will be concluded through direct access by the consumer to the corresponding website at https.www.bagnaragioielli.com where, following the procedures indicated, he will conclude the contract for ‘ purchase of the property.
1.5 Is defined as Consumer any natural person acting for purposes not related to trade, business or profession.
1.6 With The term “order” is indicated the application form of the products for sale form, completed by the Customer through the Site. The “Products” are the goods for sale on the site, based on the general conditions of sale. The “Price” is the amount related to the product.
1.7 The “parts” involved are “Guimer Srl” from now on “the Company” and the buyer hereafter “the Buyer” or “Customer.”
2. Regulation Applicable
2.1 Purchases made in www.bagnaragioielli.com site are regulated by these Conditions of Sale, as well as the conditions from time to time presented in this site at the date of conclusion of the contract and also from the disposion of the Italian D.Lgs 206/2005 related to Consumer protection and also from Italian Law Disposition related to D.Lgs 70/2003 for the regulation of e-commerce.
2.2 These Conditions of Sale must be considered integral and essential part of the contract: it therefore calls on the client, before sending the order, to read carefully the General Conditions of Sale and the information described here, print them or save them to another durable SUPPORT accessible to him.
2.3 The sending of the order by the Customer constitutes acceptance of the Terms and Conditions of Sale in force intended as such those published in www.bagnaragioielli.com site at the time of placement of orders by the customer.
2.4 – The articles on this site can be purchased, subject to availability of stock, only by those who have reached eighteen years of age or minors prior authorization from their parents.
3. Customers Obligations
3.1 The customer commits itself once the online purchase procedure is concluded to provide a copy of the order and keep the present general conditions, which, however, has already seen and accepted as a compulsory step before ending the order.
3.2 These conditions may be updated or changed at any time by the Company provided that written notice by publication of a notice on the site. The consumer agrees and undertakes, whenever a change in the present general conditions, to provide A printing and storage.
3.3 It is forbidden to the consumer to enter false, and/or invented and/or fantasy data during the registration process required to provide him with the procedure for the execution of this contract and the subsequent communications; Personal data and e-mail must be their only real personal data and not some other person, or fantasy.
3.4 And expressly it is forbidden to make double entries for a single person or enter data of third persons.
3.5 The Company’s management reserves the right to prosecute any violation or abuse in the interest and for the protection of all consumers.
3.6 The customer releases the Company from any liability arising from incorrect financial documents because of errors in the data supplied by the customer, being the Client is the only responsible for the correct entry.
4.1 The prices indicated in www.bagnaragioielli.com website are in Euros, they are inclusive of Vat and are solely related to online sellers.
4.2 The price charged will be the one in force at the time of order, regardless of any subsequent increases or decreases in prices (For Instance. Due to promotions might occur).
4.3 The Company reserves the right to alter without notice the prices of the products: any new amounts will be in force from the moment they are published in www.bagnaragioielli.com website and will apply to sales made from that moment.
4.4 At The price must be added the shipping costs: these costs will be billed according to the destination of the order.
4.5 The total order amount (price + shipping) will be visible prior to purchase confirmation.
4.6 The tax documentation will be issued by the Company at the time of delivery of products: the same will detail the purchased products and their prices.
5. Features and availability of products
5.1 Characteristics of the products are visible on line at the time of order.
5.2 The Company shows the products in the most truthful and accurate possible way; the colors, as well as other aesthetic characteristics of the product displayed may vary, due to the user’s monitor, as well as for other technical reasons not attributable to the Company, which therefore, does not guarantee that the colors, as well as other technical and aesthetic qualities displayed, on their screen are so perfectly suited to reality.
5.3 The type of published online products and their availability may change at any time without any liability of the Company.
5.4 The computer system of “Guimer Srl” is designed to ensure immediate execution of orders and avoid unnecessary customer expectations; in fact, it shows in real time, in its electronic catalog, the physical availability of the product. If an order exceeds the amount of the product present in stock, the Management Company will inform to the buyer if the product is or is not available.
6. Mode of conclusion of the contract and orders
6.1 The purchase contract is concluded exclusively online, by correctly filling the order FORM and the subsequent consent to the purchase manifested by the Customer in accordance with procedures specified in the site.
6.2 The customer agrees and undertakes, once completed the procedure of buying online, to handle a copy and keep the present General Conditions of Sale and purchased product specifications provided in the site.
6.3 Upon receipt of the order, the Company will send the customer an e-mail confirming the order in which the same will be summarized the details of the order: the Customer is invited to print THIS e-mails and to keep it.
6.4 The contract is intended concluded when the customer receives the order confirmation.
6.5 In the event that the customer does not receive any confirmation of order, THE order SHOULD Be intended not accepted by the Company.
6.6 Orders received will be recorded in the database of the “store” on line, in the manner and subject to the provisions of Legislative Decree. 30/06/2003 n. 196 (“Notice”) and will be available upon request made to the Company at the following e-mail email@example.com.
6.7. Under Article. 28, Legislative Decree no., N. 196/2003, the owner of the data treatment is Guimer srl, based in Bologna, in the person of the legal representative Gianluca Bagnara
7. Payment methods
7.1 During the checkout process (order completion), the customer may will decide to pay the price following these payments methods and stating the order number;
– PayPal: a convenient way to buy online, without the need to enter the data on the site of the credit card or bank account information. The charge back occurs at the completion of the order. If you are already registered on PayPal sign in with your credentials to your account, or register a new PayPal account, please visit paypal.com
– Bank Transfer: The credentials are shown in the phase of the order checkout. IN THE Reason for the bank transfer you must indicate:
– name and surname or company name of the customer,
– Order number performed with relative order date
7.2 Since the execution of orders IS ONLY permitted to adults, the Company shall not be responsible for orders placed by minors without parental consent.
7.3 The order is shipped to the time of actual payment.
8. Payment Security
8.1 The payment transaction is carried out on a secure page, which makes use of SSL certificates (Secure Socket Layer) system that provides maximum security for online transactions and the related monetary transactions take place through the bank BPER- BANCA POPOLARE DELL’EMILIA ROMAGNA
9. Shipping & Returns
9.1 The Company is not required to ship products until it has received full payment of the order.
9.2 The Company guarantees delivery on the Italian territory within 1/2 working days from receipt of payment for orders placed from Monday to Friday before 13:00. Working days are Monday to Friday.
9.3 For Italian islands delivery may take an additional day
9.4 Deliveries are made during the office hours from Monday to Friday, excluding Saturdays and public holidays. The courier will make two attempts to deliver; after the second, the order will go into storage. The courier will leave a notice with the contact details for the withdrawal.
9.5 GLS Executive and Nexive are the authorized couriers for the company’s shipments on Italian territory.
9.6 Nexive is the agency appointed by the Company for shipments and deliveries in USA, Canada and countries of the European Community.
9.7 For the Italian Territory, shipping is free for a purchase order equal to or higher than € 49, for lower orders the shipping cost is 5.00 excluding the Islands and Calabria whose cost is € 10.00.
9.8 For countries outside the European Community (Excluding Italy), USA and Canada the shipping costs will be calculated according to the destination country.
9.8 The Company shall not be responsible for any delays due to courier faults. Upon receipt of the product, the customer or person authorized by him, is invited to check:
- that the package is intact, not damaged or wet or in any case altered even in the closing: any disputes must be reported to the carrier and the same will have to give account at the time of the signature for the withdrawal by the word “Withdrawn subject to control” ; otherwise the package will be considered delivered correctly;
- that the products match the information in the transport document and / or invoice for both the quantity and type; any disputes must be reported to the carrier and for the same will have to give account at the time of the signature affixed to the withdrawal by the word “Withdrawn subject to control, otherwise the contents of the envelope will be considered free from defects and / or defects.
10. Termination of the contract of sale and expressed Termination clause
10.1 The Company has the right to terminate the contract by simply informing the customer with adequate and justified reasons; in this case the customer shall only be entitled to a refund of the amount already paid.
10.2 The obligations assumed by the customer related to art. 3 (Customer Obligations), and those under Article. 7, are essential, so that by express agreement, the failure by the customer, with just one of those bonds will determine the legal termination of the contract pursuant to Art. 1456 cc, subject to the right for the Company to take legal action for damages.
10.3 The Company reserves the right, following any logistical difficulties and/or technical and/or organizational, to cancel the order by giving e-mail notification to the customer within 30days from the day following that on which the customer has sent the order, in this case the customer is not entitled to any compensation for damages, subject to the right to a refund of any amount already paid.
11. Right of withdrawal, complaints and request for product replacement
11.1 For the company customer’s satisfaction is the basis of everything.
If For any reason, you are not fully satisfied with your purchase, you can return the goods within 14 days from the date of delivery for a refund of the returned product or replacing them. The right of withdrawal is exclusively given to the consumer, therefore, retailers and legal persons are excluded from this right.
11.2 Returned items must be returned in perfect condition without reporting signs of use occurred, in their original packaging within 10 days of the date of dispatch and from notice of withdrawal.
11.3 These simple steps must be followed to exercise the right of withdrawal:
– send an email to firstname.lastname@example.org with subject RETURN – ORDER NUMBER (the order number is indicated in the user’s personal area under ORDERS.
– Enter in the email the reason for the return and indicate whether you want a change of product (you will receive a voucher for the refund value) or the refund of the amount spent;
– prepare the items to be returned in a well sealed and protected package, possibly in the original packaging;
– end the package to the following address: “Guimer Srl – Via dell’Industria 8 a / b – 40012 – Calderara di Reno – Bologna”.
11.4 The return shipment is paid by the customer
11.5 Any eventual complaints could be forwarded using the contact form in the site or by r.a.r. to Guimer Srl – Via dell’Industria 8 a / b – 40012 – Calderara di Reno – Bologna
12.1 The refund of amount spent depends on the chosen payment method during purchasing:
– Payment via PayPal will be refund directly through PayPal;
– Payment by bank transfer;
12.2 The refund can not be carried out on different cards than those used for the purchase.
12.3 The Company will reimburse for the cost of goods shipped within the legal deadline (30 days), after receiving the goods and checked that all the requirements have been met.
12.4 The refund does not include the cost of transport of the goods and any additional surcharges paid.
13. Warranties and Liability
13.1 The Company does not assume any responsibility for problems caused due to major and / or unforeseeable circumstances such as accidents, thefts and / or robberies occurred to the courier , fires, explosions, strikes and / or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to implement in the time and manner agreed to the contract.
13.2 The Company will not be liable to any party for any damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the consumer only have the right of the refund of the price.
13.3 The Company is not responsible for any fraudulent or illegal use that could be made by a third party upon payment of the purchased products.
13.4 The Company guarantees the products from any defect . If the Customer does however find a flaw / defect in the products purchased, it must report it within two months from the date on which he discovered the defect (Art. 132 Legislative Decree no. 206/2005 – the Consumer Code).
13.5 More generally, the customer is entitled to the rights of the consumer of art. 130 Legislative Decree no. 206/2005; these rights must be exercised in terms of art. 132 of the Legislative Decree no. 206/2005.
14. Limitations of Liability
14.1 The Company does not assume any liability if, by chance circumstances or force majeure, fails to execute the order within the timeframe provided for in art. 6.3 or should there be any further disservice .
14.2 The Company can not be held liable to the Client, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet and anyway for cause outside the power of control from the management of the company itself.
14.3 The Company will not be liable for any damages, losses and costs incurred by the Client as a result of failure to execute the contract for reasons not attributable to the same company, having the customer shall only be entitled to the full refund of the price.
14.4 The Company assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves that it has adopted all possible precautions based on the best science and experience of the moment.
15. Applicable Law – Jurisdiction
15.1 The contracts concluded with the Company are deemed entered into in Italy and regulated by Italian law. Any dispute regarding the application, execution, interpretation and violation of purchase contracts stipulated “on line” through www.bagnaragioielli.com web site is subject to Italian jurisdiction.
15.2 These general conditions are reported, although not expressly provided herein, in the provisions of the Consumer Code.
15.3 For any dispute between the parties relating to this contract, the court will have jurisdiction in the area where the consumer has his residence or place of business if located in Italian territory.
15.4 In all other cases, the local jurisdiction is exclusively that of the Court of Bologna.
16.1 Compiling the registry card, in the purchase process, required to provide to the Customer the procedure for the execution of this contract and the subsequent communications, the Customer authorizes “Guimer Srl” to communicate their personal data to carriers and / or forwarding agents for the delivery of the goods purchased.