TERMS AND CONDITIONS
INFORMATION FOR THE CONSUMER AND GENERAL CONDITIONS OF CONTRACT
1. GENERAL INFORMATION
1.1. Scope of
THE these general terms and conditions, as well as all policies and documents referred to in them (hereinafter referred to as the "GTC") apply to all orders placed via social pages and their private chats, emails, websites and mobile applications owned and / or managed by or on behalf of “La Principessa Coi Bracelets di Sara Paron” (P.IVA 09656490969) and / or all legal entities attributable to it.
Before ordering products (as defined below) from the websites, please read these GTC carefully. By ordering our products, the customer implicitly agrees and is required to comply with:
to. these GTC
c. our privacy policy,
and confirms that you are eligible to enter into legally binding contracts and that you are of legal age in your country to enter into legally binding contracts. In the event that we have reason to believe that the requirements set out here are not met, we reserve the right to cancel the order.
1.2. Contracting Party
Websites for the sale of goods over the Internet are operated by:
– The girl with the bracelets” of Sara Paron CF PRNSRA85P64F205B and VAT number 09656490969 with registered office in Via Alpi 1 - Cerro al Lambro hereinafter referred to as the “Seller or Seller”)
– In the unlikely event that the customer may have complaints about the products purchased from our websites and social pages or in the event that you wish to make a legal guarantee claim, you can contact us at the address indicated above or contact our customer service via email at:
– If your selected shipping destination is in the United Kingdom or outside the European Union, the terms and conditions of that country apply to your purchase and use of the websites. The link to the applicable terms and conditions is displayed on the corresponding social pages and websites. Also note that the billing address must be in the delivery destination country.
1.2. Modification of the GTC
We reserve the right to make changes to the GTC at any time. All changes come into force after the publication of the new GTC on the websites. The customer and the sales contracts entered into with us are subject to the version of the GTC in effect at the time the products are ordered on the websites.
2. ACCEPTANCE OF PURCHASE ORDERS
2.1. Invitation to purchase.
All products offered on social networks and websites owned by the seller and/or third parties constitute an invitation to purchase and not an offer or a unilateral contract of sale on our part.
However, all orders placed are subject to acceptance at our discretion.
We are free not to accept the order at our discretion for any reason, without any liability and in accordance with applicable laws.
Some examples, among others, of cases in which we may not accept an order:
b) order missing the information necessary for the creation of the personalized product;
c) failure to authorize payment by the customer;
d) receipt of a negative credit report;
e) alleged violation of the GTC;
f) alleged involvement of the customer in fraudulent or criminal activities of any kind;
g) justified suspicion that the customer is not a consumer, but a commercial buyer.
In the event that we are unable to accept the order, we will inform the customer and we will not charge the cost of the product.
2.2. Phases of the purchase order, completion of the contract, shipment and collection of the product.
There is no binding purchase contract until we have accepted the customer's order as described under the letters "ef" below.
Steps prior to accepting orders.
a) The customer sends the order electronically to the seller, complete and correct with all the data necessary and required for processing the request: model, colour, size, plating (non-exhaustive list), as well as providing any useful data for customer identification (personal data and residence), as well as billing data. Incomplete or incorrect orders will not be taken into consideration in any way. If the customer provides incorrect measurements or requests modifications, the relative costs, including shipping costs, will be entirely borne by the buyer.
b) The seller hereby specifies that the products in rose gold and yellow gold are the result of galvanic baths carried out on a silver base and therefore subject, with use, to natural discolouration. The customer is aware and accepts that the products are subject to loss of colour.
c) Orders with delivery addresses relating to organizations or individuals that provide transport services will not be accepted. In the event that the order is accepted, but we later discover that the relative delivery address corresponds to an organization or private individual that provides transport services, we will have the right to cancel the order, after notifying the customer by e-mail or telephone.
Subsequent steps to acceptance: from confirmation to collection of the product.
d) The customer receives an e-mail or equivalent message via chat on Facebook, Instagram and/or other social networks, confirming the order indicating the billing and delivery address, order number, description of the selected products, final price (as well as the costs referred to in point 3.1.) and payment and shipping methods. Said message does not represent an acceptance of the customer's offer / order, but exclusively a confirmation of receipt of the order.
e) The customer declares to accept the final price and the product ordered to measure without being able to subsequently modify the order to be understood as irrevocable.
f) With the receipt of the irrevocable and binding order/offer, the electronic contract will be considered perfected.
In case of absence of indication of the measures, the standard ones will be used: 17cm bracelets, adjustable size 14 rings, 40cm necklaces.
Keep in mind that, once the order has been sent, the customer can no longer modify or cancel it. In the event that the customer wishes to cancel the order, he must contact customer service by email at the address:
3. PRICES AND ADDITIONAL COSTS
3.1. Product prices
All the prices of the products displayed on the websites and social network pages represent the prices of the products only. They are inclusive of VAT (or other sales taxes).
The total price of the order includes all ancillary costs, also relating to means of payment involving a higher percentage, as well as shipping costs which are communicated to the customer.
We are entitled to modify the products listed on the websites and on the web and social pages attributable to the seller at any time and without notice. However, these changes do not apply to products for which the customer has placed an order.
4. PAYMENT TERMS
5.1. Total price and payment of the price.
The total price of the order is the purchase price of the selected products including VAT and additional costs (i.e. shipping costs, as well as any surcharges due to online payment methods involving a percentage on the purchase). The price will be paid by the customer together with the order confirmation.
5.2. Payment methods
Payment can be made via
a) Debit/credit card
If the customer pays by credit / debit card (by entering payment data on the websites of the relevant payment provider), we reserve the right to check the name, address and other personal data provided by the customer during the order process in the databases suitable third parties. By providing payment data, the customer accepts the execution of these checks. Keep in mind that the procedure is carried out exclusively to confirm the customer's identity; no credit checks are performed, nor is the customer's credit rating changed. All information provided by the customer will be treated securely and strictly in accordance with all applicable data protection legislation and our Privacy Policy.
The customer declares that the credit / debit card used is his property and that all information provided in this regard, including but not limited to name and address, is complete, correct and accurate. The customer also declares that the credit / debit card is valid and that the payment details entered are correct. If the institution that issued your credit card refuses to authorize payment, we will not be able to accept the order and we will not be able to be held responsible for any delay or non-delivery, nor will we be afraid to provide information on the reason for the refusal.
We cannot be held responsible for any fees or other charges charged by your card issuer or bank as a result of our processing your credit/debit card payment in relation to your order.
If the credit / debit card has not been denominated in the currency of the purchase indicated on the websites, the final price may be charged in the currency of the customer's card or account. This final price is calculated and charged by your card issuer or bank, and therefore we cannot be held responsible for any costs, fees, charges or other amounts charged to you if your card issuer charges you in a different currency from that of the purchase, as indicated on the websites.
b) PayPal
If the customer pays via PayPal, the Privacy Policy found on the PayPal website also applies, which describes how PayPal collects, stores, processes, shares and transfers personal data for the use of its services. It should be noted that this means of payment may involve an increase on the purchase price in a percentage equal to 3.5% pertaining to Paypal.
c) Postepay top-up
The method of payment by postepay top-up is permitted, by transferring money from a registered Postepay to that of the seller, the details of which will be disclosed upon order confirmation.
d) Other payment methods
Payment by bank transfer is permitted to the coordinates that will be disclosed upon order confirmation if the customer elects this method of payment.
5.3. Terms of payment
For customer safety, the name and billing address must match the details of the credit card or other method used for payment. The bank account, PayPal or Postepay or other equivalent means of payment, must be held in the name of the name shown on the official identity document. We reserve the right to cancel any orders that do not comply with this or our other security criteria.
6. DELIVERY, LIABILITY, RETENTION OF TITLE AND ILLEGAL RESALE
6.1. Place of delivery
The ordered products will be delivered to the address provided by the customer by our appointed courier. The customer is solely responsible for the regularity of the data provided, for example: the shipping address provided must be valid and correct. We decline all responsibility in case of inaccuracy or incompleteness of the delivery address.
Please note that it is not allowed to change the shipping address after the order has been submitted.
6.2. Processing and delivery times.
The products ordered by the customer will be made within a period of 12-15 working days starting from the moment the payment is credited.
The seller is in no way responsible for any delays in production attributable to third-party suppliers and shipments may suffer unquantifiable delays in periods of intense traffic. In this case, however, the seller undertakes to promptly inform the customer, specifying that the delay does not constitute the right to withdraw as indicated in advance.
Any delivery terms, shorter than the aforementioned 12-15 working days indicated, must be agreed in advance, and only exceptionally, with the seller and confirmed by the same in the order summary.
The products are sent intact and subjected to a preliminary test before being placed on the market, therefore all damage subsequent to wear cannot be in any way attributable to the seller.
Please note that deliveries are not made to hotels or post office boxes.
The timing of any repairs varies between 30 and 60 working days.
6.3. Return of the goods
Upon receipt of the shipment, it is advisable to check the integrity of the goods shipped. The products will be delivered in special packaging: it is the Customer's responsibility at the time of delivery and, before signing the delivery, to check the integrity of the package. If the external packaging is not intact, the customer can refuse collection, giving reasons in writing for the relative refusal and sending us by mail/fax to laragazzacoibraccialetti@gmail.com, immediate notification of the rejection of the package due to "not intact packaging". It is understood that once the collection form has been signed by the carrier in charge, the customer will not be able to make any objection regarding the integrity or otherwise of the packaging and its contents.
6.4. Seller's liability and transport damage insurance.
The Seller releases himself from the obligation to deliver by handing the thing over to the carrier or shipper therefore, from that moment on, the risk of the thing losing will no longer be borne by the seller.
The Seller therefore declines any responsibility in this regard, advising the Customer to request shipping insurance in order to be compensated directly by the Carrier in the event of loss or damage to the goods.
Customs duties imposed by countries outside the EU are to be considered at the buyer's expense.
6.2. Retention of title
The products remain our property until full payment has been made.
Upon receipt of the products, all risk of damage or loss passes to the customer.
6.3. Illegal resale
Please note that, to the extent permitted by law, unauthorized resale or distribution of products sold on the Websites is strictly prohibited. In the event that the seller becomes aware of the illicit and unauthorized distribution of its products, it reserves all rights, reasons and faculties in the most appropriate judicial offices in order to obtain the cessation of the illicit conduct and compensation for the damages suffered.
7. WITHDRAWAL
Pursuant to art. 59, letter "c", Legislative Decree 6 September 2005 no. 206 (Consumer Code) the right of withdrawal is excluded as it concerns the supply of personalized and made-to-measure goods, therefore not resalable or reusable.
8. WARRANTY
We warrant the products to be of merchantable quality and free from defects in material and workmanship, subject to normal use. No further guarantees are given.
The warranty period is two years from receipt of the products.
Warranty does not cover damage to products caused by accident, misuse, abuse, modification, attempted repair, neglect after purchase, normal wear and tear, discoloration of the product, and/or failure to follow product care recommendations.
(The duration of the finish is not attributable to a manufacturing defect, but to personal factors/incorrect use/wear).
In the unlikely event that the products prove to be faulty in any respect covered by the warranty, please contact customer service. The customer must have kept the proof of purchase (e.g. receipt or gift voucher), in order to be able to show it. The customer can choose between the replacement of the product, if available, or a full refund.
For after-sales services, please contact: ––––––––––
9. LIMITATIONS OF LIABILITY
The Girl With Bracelets is liable to the customer only for damages caused by intent or gross negligence.
The above limit of liability does not exclude our liability for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, or (iii) other liability which cannot be limited or excluded under applicable law .
Notwithstanding the foregoing, we shall have no liability in any event, arising out of or in connection with these GTC in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise for any:
- economic damages (including but not limited to loss of income, revenue, data, actual or anticipated profits, contracts, business, opportunities or anticipated savings),
- loss of value of goodwill or reputation,
- special, indirect or consequential loss or damage suffered or incurred by the customer and arising out of or in connection with these GTC.
10. DATA PROTECTION
Your personal data is treated in accordance with our Privacy Policy. Please refer to our Policy for more information on how data is used, what information is collected, how and to what extent it is used, and under what circumstances it is disclosed.
Furthermore, if PayPal or Postepay are used as payment methods, the customer's personal data is treated in accordance with the privacy policy of PayPal and Postepay.
11. OTHER IMPORTANT TERMS
11.1. Intellectual Property Rights
The seller retains all right, ownership and interest (including copyright, designs, trademarks, patents or other intellectual property rights) in the materials used on social pages and websites, including, but not limited to, designs, logos, images, graphics, videos and other graphic material (hereinafter referred to as "Content").
No content offered on social media pages and websites should be interpreted as granting a license or right to use the content displayed on the websites themselves.
The customer can freely browse the contents offered on the web, can download them, view them or use them only for personal but non-commercial use, provided that the contents and all copyrights or other proprietary rights are kept unchanged. We also invite the customer to put the following inscription on these reproductions: “©The Girl with Bracelets. All rights reserved."
In addition to the aforementioned authorizations, the customer may not modify, adapt, reproduce or change the social pages and/or websites or their contents, or insert their contents on other sites, online platforms or similar. All commercial uses prohibited except with prior written approval from the seller.
The Girl With Bracelets ® is a registered trademark owned by Sara Paron. The seller monitors the use of its trademarks and takes appropriate measures against intellectual property infringements.
11.2. Which laws apply to these GTC and where legal proceedings can be brought
These GTC are governed by Italian laws, with the exclusion of any references to foreign laws. The United Nations Convention on Contracts for the International Sale of Goods apply where necessary.
11.3. Court of jurisdiction
Milan is the only competent forum for any controversy deriving from or related to these GTC. This does not affect your legal rights as a consumer in the country in which you reside. The seller is also entitled to file a lawsuit at the customer's place of residence.
Online dispute settlement for customers.
Consumers residing in Europe should be aware that the European Commission has implemented an online platform for alternative dispute resolution, which provides an out-of-court method for resolving disputes related to and arising from online sales and service contracts. Consequently, if the customer is a European consumer, he can use this platform to settle disputes arising from contracts entered into online with the owner. The platform is available at the following link ( http://ec.europa.eu/consumers/odr/ ).