Terms & Conditions
1) DEFINITIONS
The expression "online sales contract" means the sales contract relating to the Seller's tangible movable property to the Buyer in the context of a distance selling system using telematic tools, organized by the Seller.
The expression "Buyer" means the natural person consumer who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
The term "Seller" means the person who sells the goods covered by this contract.
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Seller: ROBERTO GIANNOTTI
The goods covered by these general conditions are offered for sale through a system of telematic tools organized by G.Robert srl, based in Marcianise (CE) c/o Centro Orafo il Tarì, 81045 Marcianise (CE), Telephone 0823513373, E- email: servizioclienti@robertogiannotti.com
Buyer:
He expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity and undertakes not to trade the purchased items
3) SUBJECT AND CONCLUSION OF THE CONTRACT
With this contract, respectively, the Seller sells and the Buyer remotely purchases only the tangible movable property indicated and offered for sale on this Site via telematic tools.
The contract between the Seller and the Purchaser is concluded exclusively through the internet through the Purchaser's access to the address of this Site, where, following the procedures indicated, the Purchaser will arrive at formalizing the proposal for the purchase of goods offered for sale.
The purchase contract is concluded through an irrevocable order by the Purchaser with the compilation and submission of the order form online, which will be displayed on the order summary web page, printable, in which the details of the originator and of the order, the price of the goods purchased and the shipping costs, the methods and terms of payment, the address where the goods will be delivered. When the Seller receives the order from the Purchaser, he will send a confirmation e-mail and/or display a web page confirming and summarizing the order, printable, which also contains the data entered by the buyer in the order form. The contract is considered perfected and effective between the parties only with the execution of the order and the evasion of the same through the delivery of the goods to the courier for shipment, having the possibility for the Seller, up to that moment, to refuse the order .
Specifically, each order sent constitutes an offer to purchase the Seller's products. Orders are subject to availability and acceptance by the Seller who may, at any time and at its discretion, refuse to accept the Buyer's order, including, for example, cases where:
- orders cannot be executed due to an error in the information provided by the Buyer, for example when he provides: insufficient or incorrect payment information, incorrect billing information; insufficient or incorrect delivery address information – in this regard, the Buyer is requested to note that the Seller does not send products to PO Boxes; or misleading information;
- there has been an error on the site relating to the products ordered, for example an error relating to the price or description of the products as displayed on the site;
- the products ordered are no longer available on the site;
- the amount of the order is too high, based on a concrete assessment which will be conducted on a case-by-case basis at the absolute discretion of the Seller.
In such cases, the Purchaser will only be entitled to a full refund of the price paid and no further compensation.
The invoice or sales note will be issued by G.Robert srl in paper form and inserted inside the package containing the ordered products.
4) METHOD OF PAYMENT AND REFUND
The Seller only accepts payment for the products ordered by major Credit Cards, PayPal and Bank Transfer. In the case of payment by credit card or PayPal, the credit card data is processed directly by the bank to which the Seller has entrusted the management of payments, while the PayPal data is managed directly by PayPal; the information is encrypted using the latest generation encryption systems that prevent its use by third parties and is sent directly to the bank; The Seller reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card itself or to PayPal in case of problems. At the end of this verification, in the event of a positive outcome, we will proceed with the procedure to reach the conclusion of the contract. After receiving the payment, the Seller will proceed with the delivery of the order placed, if there are no further impediments. Any reimbursement to the Purchaser, if he is entitled to it, will be credited by reversal of the payment by Credit Card or PayPal or by Bank Transfer within 30 days. from the date on which the Seller became aware of the cause that generates the right to a refund.
5) TIMES AND METHODS OF DELIVERY
Order fulfillment times may vary, from the day of the order itself to a maximum of 4 working days, within which the invoice or sales note will be issued and the order consequently accepted, with the start of execution of the same . In the event that the Seller is unable to carry out the shipment within this period, the Purchaser will be promptly notified by e-mail, indicating the deadline within which the order will be processed. The fulfillment of the order will generate the shipment of the same, which will take place through the assignment of the products ordered to the BRT courier or equivalent for deliveries on the Italian territory. Delivery times may vary according to the destination address and other factors not directly controllable by the Seller and not attributable to it.
6) SHIPPING AND DELIVERY COSTS
The Seller ships the goods throughout Italy.
The goods will arrive directly at the delivery location indicated without having to pay additional sums with respect to the shipping costs already paid when the order was placed, as these costs already include shipping costs and local duties and taxes. Shipping costs will be indicated and calculated in the purchase procedure before the Buyer forwards the order and also contained in the order summary web page. In the event that the Purchaser chooses the payment method on delivery, the amount to be paid to the courier will be the one indicated in the order phase, as it already includes shipping and cash on delivery costs.
7) INSURANCE AND SELLER'S LIABILITY
The Seller insures the products against theft and accidental damage from the moment of delivery to the courier until they reach their destination. The risk of loss or damage to the goods remains with the Seller until the Buyer or a third party designated by him physically takes possession of the goods.
8) PRICES
All sales prices of the products displayed and indicated on this website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and all other taxes for what concerns delivery within the territory of a country of the EC. Regarding shipping costs, taxes and customs duties, please refer to point 6) above. The prices indicated for each of the goods offered to the public are valid until the order is forwarded and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Seller at any time and what appears on the order summary web page will prevail for the Buyer. Furthermore, the Seller reserves the right not to accept and consequently not to process the order for reasons relating to errors in the prices displayed or other reasons; in this case, the Seller will refund the amount paid by the Buyer, without any further obligation.
9) PRODUCT AVAILABILITY
The Seller ensures the processing and fulfillment of orders without delay via the telematic system used. Should an order exceed the quantity existing in the warehouse, the Seller will notify the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not. The Seller's computer system confirms the order's registration as soon as possible by sending the user a confirmation by e-mail, which does not create any legal obligation, since it is a simple summary of the order.
10) LIMITATIONS OF LIABILITY
The Seller assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the time stipulated in the contract. The Seller cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers. Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Purchaser following the non-execution of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of the credit cards upon payment of the purchased products, if it demonstrates that it has adopted all the ordinary possible precautions of the moment and on the basis of ordinary diligence.
11) LIABILITY FOR DEFECTS, PROOF OF DAMAGES AND REFUNDABLE DAMAGES: THE OBLIGATIONS OF THE SELLER
The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, it still did not allow the product to be considered defective. No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
12) WARRANTIES AND ASSISTANCE METHODS
The Seller is liable for any ascertained defect or defect of the product and attributable to him on condition that such defect or defect has been reported by registered letter with return receipt to the address G.Robert srl, c/o Centro Orafo il Tarì, Zona ASI SUD - 81045 Marcianise (CE) or sent by e-mail to servizioclienti@robertogiannotti.com within eight days of delivery. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
As regards the guarantees of conformity of the products purchased, the legal guarantees established by law are also applicable to the sale of the products regulated by these general conditions. In the event of non-compliance of the delivered products, articles 129, 130 and 131 of the Consumer Code will therefore apply.
13) BUYER'S OBLIGATIONS
The Purchaser undertakes to pay the price of the goods purchased within the times and in the manner indicated by the Contract. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep the web page containing the order data. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as a reference to this web page is shown at the time of finalizing the order.
14) RIGHT OF WITHDRAWAL
The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days of receipt of the product to carry out the withdrawal. If the Buyer decides to exercise the right of withdrawal, he must promptly notify the seller by email at servizioclienti@robertogiannotti.com with the subject "Return order n. #". Returns of custom made or personalized items will not be accepted under any circumstances. The costs for returning the goods will be borne by the buyer. The Seller will reimburse the amount due to the Purchaser (equal to the amount paid for the purchase of the product excluding shipping costs) following the withdrawal within 14 days of receipt of the withdrawal notice provided that within within this period the goods have been returned in their original condition and unworn. The Purchaser must send the returned goods to the following address: to the address G.Robert srl, c/o Centro Orafo il Tarì, Zona ASI SUD - 81045 Marcianise (CE)
15) METHOD OF FILING THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the Seller informs the Purchaser that each order placed is stored in digital form on the server where the Site resides according to criteria of confidentiality and security.
16) COMMUNICATIONS AND COMPLAINTS
Written communications directed to the Seller and any complaints will be considered valid only if sent to the address G.Robert srl, c/o Centro Orafo il Tarì, Zona ASI SUD - 81045 Marcianise (CE) or sent by e-mail to servizioclienti@robertogiannotti.com The Purchaser indicates in the registration form his residence and domicile, the telephone number or e-mail address to which he wishes communications from the Seller to be sent.
17) SETTLEMENT OF DISPUTES AND APPLICABLE LAW
All disputes arising from this contract should the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of the Purchaser's place of residence.
This contract is regulated by the Italian law.
18) DURATION AND EFFECTIVENESS OF CONTRACTUAL CONDITIONS
Confirmation of the order implies acceptance of these general conditions by the Purchaser.
These conditions may be updated or modified directly with the transcription of the new regulation on this Site. The modification or update will be valid and effective for orders that have not yet been entered and for which the page has not yet been displayed and printed web, which summarizes the order data.