Terms of sale

This document contains the general terms and conditions of use of the website https://www.spadarellagioielli.it/ which offers the possibility of purchasing silver jewelry, even personalized, as well as accessories such as: T-shirts, sunglasses, watches, bags. provided by the owner of the Application

1 Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following expressions, both singular and plural, shall have the meaning indicated below:

Owner: SPADARELLA GIOIELLI SRL , with registered office in Viale dell'Industria, n. 6/a - 47843 MISANO ADRIATICO (RN), VAT number / Fiscal Code 04185940402, fully paid-up share capital €20,000.00, PEC address spadarellasrl@legalmail.it
Application: the website https://www.spadarellagioielli.it/
Products: the material products sold by the Owner
User: any person who accesses and uses the Application
Consumer User: the adult natural person who enters into a contract for purposes outside of his/her entrepreneurial, commercial, artisanal or professional activity, if any
Conditions: this contract which regulates the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.

2 Scope of the Conditions

Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or its services.

The Conditions may be modified at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product, which will in any case be confirmed by forwarding the current version to the user's email address.

Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.

The Owner reserves the right to change, at its sole discretion and at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.

3 Purchase via the Application

All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery costs, additional charges, etc.). Some errors, inaccuracies or small differences may arise between what is published on the Application and the actual Product. Furthermore, the consumer user acknowledges that any images of the Products are only illustrative and representative and do not constitute a contractual element.

Purchases of one or more Products through the Application are permitted to Consumer Users.

For natural persons, purchases are permitted only if they are of age. For minors, each purchase and/or request for supply of Products through the Application must be examined and authorized by parents or those exercising parental responsibility.

The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason whatsoever.

The contract of sale of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User, which will include the date of the order, the User's data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee and a copy of these Conditions in the text in force at the time of the transaction.

The contract for the sale of the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.

In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking whether he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the relative confirmation and the Conditions.

4 Prices and payments

For each Product, the price is indicated including VAT, if applicable. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.

Furthermore, any taxes, additional costs and delivery costs that may vary depending on the destination, the chosen delivery method and/or the payment method used will be indicated. If such items of expenditure cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.

The Owner reserves the right to modify, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will not in any case affect contracts already concluded before the modification.

The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data requested.

The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).

Should such third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held liable in any way.

5 Billing

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing the Owner from any broader indemnity in this regard.

6 Methods of delivery of material Products

The material Products (including any material goods with digital elements) will be delivered to the address indicated by the User, with the methods and within the time frame chosen or indicated on the Application and reported in the order confirmation.

In the event that it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when it is expected that they will be delivered or the reasons that make the supply impossible.

If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. In the event that there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it without any expense to him. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the Products delivered.

The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract due to force majeure.

7 Product change

The Consumer User, upon request by email to eshop@spadarellagioielli.it , may agree with the Owner to change the product, which may be done by shipping or at one of the points of sale in the Italian national territory, under the conditions agreed by email. The points of sale can be consulted here:

https://www.spadarellagioielli.it/

8 Right of withdrawal of Users from the purchase of material Products

The Consumer User has the right to withdraw without any penalty and without specifying the reason within 30 days from the date of receipt of the Product, by sending a written communication to the e-mail address eshop@spadarellagioielli.it , using the optional withdrawal form referred to in the following article or any other written declaration.

In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 30-day term for exercising the right of withdrawal starts from the day on which the last Product was received.

In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.

In the event of withdrawal exercised correctly, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his/her wish to withdraw from the contract.

The Owner, unless he has offered to collect the Product himself, may withhold the reimbursement until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the latter the shipping costs.

9 Cases of exclusion of the User's right of withdrawal

The right of withdrawal from the contract of sale or supply of the Products by the User is excluded, as per law, in relation to:

to the supply of Products whose price is linked to fluctuations in the financial market which the Owner is unable to control and which may occur during the withdrawal period
to the supply of Products packaged to measure or clearly personalized
to the supply of Products which are liable to deteriorate or expire rapidly.
to the supply of sealed Products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery
to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
to contracts in which the User has specifically requested a visit by the Owner or a professional in charge for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the Owner or a professional in charge provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods
to the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery
to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
to contracts concluded at a public auction
the provision of non-residential accommodation, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance

For further information, contact the Owner at the email address eshop@spadarellagioielli.it or by calling customer service at 0541600449 - Whatsapp customer service: 3388111649.

10 Optional form to exercise the right of withdrawal

The User may withdraw using the following form which must be filled in in its entirety and sent to the email address eshop@spadarellagioielli.it before the expiry of the withdrawal period:

I hereby communicate my withdrawal from the sales or supply contract relating to the following

product _________________________

Order number ______________:_______

Ordered on: __________________________

Name and Surname: ___________________

Address: ____________________________

Email associated with the account from which the order was placed: _______________________

Date: ______________________

11 Guarantee of conformity of material Products for Consumer Users

Consumer Users are granted the guarantee of conformity, provided for by articles 129 and following of the Consumer Code, for all material Products sold through the Application, with the exception of the exclusion cases provided for by art.128 of the Consumer Code.

The Owner is liable to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to demonstrate that the defect existed at the time of delivery as it is presumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature of the lack of conformity.

If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he/she must send a written communication to the e-mail address eshop@spadarellagioielli.it or by calling customer service at 0541600449 - Whatsapp customer service: 3388111649.

The Owner will promptly respond and indicate to the Consumer User the procedure to follow.

For anything not provided for in this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code regarding the formation, validity and effectiveness of contracts shall apply, including the consequences of termination of the contract and the right to compensation for damages.

12 Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright and trademark laws. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorisation from the Owner.

13 Exclusion of warranty

The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied representations or warranties in relation to the Application, nor does it provide any warranty that the Application will meet the Users’ requirements or that it will never be interrupted or error-free or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available 24 hours a day, without interruption, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period.