By visiting Vintouchjewels.com (the “Vintouch Jewelry” or “Website”) you agree to the following terms & conditions:
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website. This website is provided by Vintouch Jewelry®. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.
IDENTIFICATION OF THE SUPPLIER
The goods objects of this agreement are sold by Vintouch Jewelry® di Alessandro Ricevuto, a company registered in Torre del Greco, Naples, Italy, Via Cristoforo Colombo n.30, registration number at the Chamber of Commerce of Naples n. NA924591, VAT n. IT 07876381216, which will be indicated hereinafter “Supplier”.
1.1 The term ‘contract of sale on line’ means the agreement relating to the purchase of movable tangible goods whose property belongs to the Supplier, signed between the Supplier and the Purchaser, as part of a telematic sales system managed and organized by the Supplier.
1.2 The term “Purchaser” shall mean the person who does the purchase, under this agreement, for purposes not related to commercial or professional activity.
2) OBJECT OF THE CONTRACT
With this contract, respectively, the Vendor sells and the Purchaser acquires at distance through telematic systems material goods (products) indicated and offered for sale on the website www.vintouchjewels.com
3) EXECUTION OF THE CONTRACT
The contract between the Supplier and the Buyer concludes exclusively through the internet by the access of the Purchaser at the website www.vintouchjewels.com, where, following the procedures indicated, the Purchaser formalizes the proposal for the purchase of goods referred to in paragraph 1 of the previous article.
4) CONCLUSION & EFFECTIVENESS OF THE CONTRACT
4.1 The purchase agreement is concluded by correctly filling in the application form and the consensus expression by the accession sent online or by filling out the form attached to the electronic catalog on the website www.vintouchjewels.com and then send the same form, always after viewing a web page order summary, printable, where information reported to the ordering and ordering, the price of goods purchased, shipping costs and any additional expenses, the manner 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 Confirming the electronic transmission of the purchase order, the Purchaser declares to have read and accepted the Terms and Conditions of Sale described herein.
4.3 When the Supplier receives the purchase order by the Purchaser shall send a confirmation e-mail or view a webpage confirmation and order summary, printable, where it is also reported the retrieved data in the preceding paragraph.
4.4 The contract is deemed not perfected and effective between the parties at fault than indicated above
5) PAYMENTS AND REFUNDS
5.1 Each payment by the Purchaser will only take place through one of the methods indicated in the “Check Out” page on the website of the Supplier.
5.2 Any refund will be credited to the Purchaser by one of the arrangements proposed by the Supplier, in a timely manner and, in the case of exercising the right of withdrawal, as governed by clause 13, paragraph 2 and following of this contract, within a maximum of 30 days since the date on which the Supplier has become aware of the termination.
5.3 At the moment of purchase, the buyer is automatically redirected to the secure server (SSL) of the companies Paypal, Axerve and Shopify where it is required to enter data relating to the instrument of payment (credit card, debit card, prepaid card ) that is intended to use to finalize the purchase. When finished, the Buyer is redirected to the site of the Supplier, which shall be informed of the outcome of the transaction. Managing and storing data related to payment instruments, such as credit card numbers, security codes, etc., is not managed by the Supplier, which will never be aware of these data. The Supplier therefore declines all responsibility for the processing and storage of data of payment instruments.
6) SHIPPING TIMES & COSTS
6.1 The supplier is responsible to deliver the products selected and ordered by one of the shippers with whom he signed a contract. The identity of the company in charge of the delivery will be announced in the e-mails referred to in paragraph 4.2.
6.2 The timing and the costs may vary from the day of the order to a maximum of 14 working days from the confirmation of the same. In the event that the supplier is unable for any reason to make the shipment within that period but in any event within that indicated in the following point, it will be given prompt notice by e-mail to Purchaser, who will have the right to choose the most pleasing of either a refund, replacement of the selected article or a voucher equal to the sum paid and usable within 12 months from the date of purchase.
6.3 The manner, timing and shipping costs are clearly stated and well highlighted on the website www.vintouchjewels.com
7.1 All sales prices of the products shown on the website www.vintouchjewels.com are expressed in Euro (€) and are offered to the public pursuant to the art. 1336 cc of Italian Law.
7.2 The sales prices include VAT and any other taxes. The shipping costs, while not included in the purchase price, are calculated and displayed during the purchase process, prior to the order by the Purchaser and also contained in the web page summary of your order. Any other cost – like Customs clearance for example – shall be borne by the Purchaser.
8) AVAILABILITY OF THE PRODUCTS
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 those not available, and shipping times.
8.2 If an order exceeds the amount present in the warehouse, the supplier, by e-mail, it will make known to the Purchaser if the property is not fully booked or what are the waiting time to get the good chosen, asking whether it confirms the ‘order or less.
8.3 The information system of the supplier confirmation in the shortest possible time of the registration of the order by sending you a confirmation by e-mail, according to paragraph 4.2.
9) LIMITATIONS OF LIABILITY
9.1 The Provider assumes no liability for disruptions caused by force majeure, in case it is unable to execute the order within the time stipulated in the contract.
9.2 The Supplier shall not be liable to the Purchaser for outages or malfunctions related to the use of the Internet outside of its control or its sub-suppliers.
9.3 The Supplier will not be responsible 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 additional expenses .
9.4 The Provider assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, when payment for goods 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 care.
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.
10) RESPONSABILITIES DUE TO DEFECTS, PROOF OF THE DAMAGE & REFUNDABLE DAMAGES: OBLIGATIONS OF THE SUPPLIER.
10.1 Under Articles. 114 et seq. of the Consumer Code, the supplier is liable for damage caused by defects of the goods sold, should he fail to inform the injured within the period of three months from the request to inform regarding the identity and address of the manufacturer or the person who supplied him with the good.
10.2. The above request, must be in writing by the injured party and must indicate the product that caused the damage, the place and date of purchase; It should 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, in a rule of law imperative or binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation, not even allowed to consider the product as defective.
10.4 No compensation will be due if the injured 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 individual must prove the defect, damage, and the causal relationship between defect and damage.
10.6 The injured party may demand compensation for damage caused by death or personal injury or destruction or deterioration of property other than the defective product, provided of a type ordinarily intended private use or consumption, and so mainly used by the injured.
10.7 Damage to property in art. 123 of the Code of consumption will, however, be compensable only if it exceeds Euros ‘three hundred eighty seven’ (EUR 387).
11) WARRANTIES AND ASSISTANCE
11.1 The Supplier is liable for any lack of conformity which becomes apparent within 24 months from delivery.
11.2 For the purposes of this contract it is assumed that the 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 held out 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, the the manufacturer or his agent or representative, particularly in advertising or labeling; d) they’re also particularly suitable for use the consumer requires them and which was made known to the seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.
11.3 The Purchaser loses all rights if he/she do not inform the seller of the lack of conformity within two months from the date on which 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 the lack of conformity becomes apparent within six months of 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, the Purchaser may ask, either without charge, 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 should be sent in writing, by certified mail to the address email@example.com, which will indicate their willingness to act on your request, or the reasons that prevent him from doing so, within seven working days 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 carried out previously have caused significant inconvenience to ‘buyer, you can ask, at its option, an appropriate price reduction or termination of contract. The Purchaser will then have to send their request to the Supplier, which will indicate their willingness to act the same, or the reasons that prevent him from doing so, within seven 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 it will charge Purchaser indicate how the crediting of amounts previously paid to the Supplier.
12) OBBLIGHI DELL’ACQUIRENTE
12.1 L’Acquirente si impegna a pagare il prezzo del bene acquistato nei tempi e modi indicati dal Contratto.
12.2 L’Acquirente si impegna, una volta conclusa la procedura d’acquisto on line, a provvedere alla stampa ed alla conservazione del presente contratto.
12.3 Le informazioni contenute in questo contratto sono state, peraltro, già visionate ed accettate dall’Acquirente, che ne dà atto, in quanto questo passaggio viene reso obbligatorio prima della conferma di acquisto.
13) RIGHT OF WITHDRAWAL
13.1 The Purchaser has in any case the right to cancel the contract without penalty and without giving any reason within 14 (fourteen) days from the day of receipt of the goods purchased.
13.2 If the Buyer decides to exercise the right of withdrawal, you must notify the seller by e-mail to e-mail firstname.lastname@example.org. It shall prevail between the parties to the posting date of the ‘e-mail. To exercise the right to withdraw such notice may validly be replaced by returning the purchased, provided that the same terms. It shall prevail between the parties the date of delivery to the post office or shipping agent.
13.3 The return of the property will still be at the latest within 14 (fourteen) days of receipt of the asset. In any case, for there to be entitled to full reimbursement of the price paid, the goods must be returned intact and, in any case, in normal condition.
13.4 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.
13.5 The Supplier will provide with the refund of the full amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal.
13.6 With the receipt of notice which the Purchaser shall notify the exercise of the right of withdrawal, the parties to this contract are dissolved by mutual obligations, except as provided in paragraphs of this article.
14) REASONS FOR THE RESOLUTION OF THE CONTRACT
14.1 The bonds referred to in 12.1 assumed by the Buyer, as well as security for the payment to the Purchaser with the media in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6 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 resolution of the contract under 1456 cc, without any judicial decision.
15) PRIVACY POLICIES
15.1 The Supplier protects the privacy of its customers and ensures that the data processing complies with the requirements of privacy legislation referred to Legislative Decree no. June 30, 2003, n. 1961.
15.2 Personal data collected directly and / or through third parties by the Supplier Vintouch Jewelry di Alessandro Ricevuto, data controller, is collected and processed in printed, computing, telematics, in relation to treatment modalities with the aim to register the ‘order and provide him with 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 efficient management of business relationships to the extent necessary to perform the best service required (Art. 24, paragraph 1, lett. b, Legislative Decree. n. 196/2003)
15.3 The Supplier undertakes to treat as confidential data and information provided 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 information can be disclosed only on request of the court or other authority authorized by law.
15.4 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.
15.5 The Purchaser has the rights under Article. 7 of Legislative Decree 196/03, namely: the right to:
- a) updating, correction 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) certification that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data was communicated or disclosed except where this proves impossible or involves the use of means 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) to the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communication.
15.6 The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can be given with a request by the Buyer.
15.7 In any case, the data collected will be kept for a period of time no longer than necessary for the purposes for which it was collected and subsequently processed. Their removal will still safely.
15.8 Owner of the collection and processing of personal data is the Supplier, to which the purchaser may direct at the corporate headquarters, every request.
15.9 Any communication sent to the email (including electronic) of Supplier (requests, suggestions, ideas, information, materials etc.) Will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not violate the rights of others and true, in any case it can not be attributed to the Supplier no responsibility for the content of the messages themselves.
16) METHOD ‘OF FILING OF THE CONTRACT
16.1 Under art. n. 70/03, the Supplier informs the Purchaser that each order sent is stored in paper form at the offices of the Supplier according to the criteria of confidentiality and security.
17) COMMUNICATIONS AND COMPLAINTS
17.1 Written communications to the Supplier and any complaints will be considered valid only if sent to the following e-mail: email@example.com. The Purchaser means the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.
18) SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Naples and settled under the Rules of Conciliation adopted by it.
18.2 If the Parties intend to appeal to the ordinary judicial authorities, the jurisdiction is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree no. n. 206/2005
19) TREATMENT OF PURCHASER’S PERSONAL DATA
19.1) The Supplier will keep secret all Purchaser’s personal data such as address, phone numbers and e-mail address, which will only be used to handle the purchase process.
19.2) E-mail addresses will be used by the Supplier for advertising purposes; the Purchaser can delete its data from the list at any time by clicking the ‘Unsubscribe’ button that is attached at the bottom of e-mails.
19.3) The Supplier will not communicate the Purchaser’s data to third parties.
20) LAW AND REFERENCE
20.1 This agreement is governed by Italian law.
20.2 Although not expressly provided, the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.
20.3 Under Article. 60 D’Lvo 206/05, is expressly called the provisions contained in Part III, Title III, Chapter I of the Legislative Decree 206/05.