CONDITIONS OF SALE
1. General provisions
2. Website structure
3. Duration, Efficiency and Revisions to the Terms of Sale
4. Product page
5. Price
6. Buying and registration process
7. Order payment
8. Shipping and Transport
9. Right of withdrawal and change of mind
10. Right of withdrawal application
11. Returns and refunds
12. Product warranties and vices
13. Ratings and comments
14. Applicable and Governing Law and Disputes
1. General provisions
The jewellery shop Sommer Gioielli di Marco Agazia & C. S.n.c.
Registered and operational headquarters: Via Fausta 71 C, 30013 Cavallino Treporti (VE)
Tax code, VAT number and Company Register: 02708310277
It is solely responsible for sales to all effects of the law.
The shopping cart on this site is managed by the company OIR Srl, with registered office and headquarters in Via Ghebba 65 / I, 30034 Mira (Venice) – ITALY - Tax Code, VAT Registration Number 04140350275 in the Ordinary Section of the Register of Companies of Venice: REA: N. VE 368981 - Share capital € 20,000.00 fully paid in.
The services provided by Sommer Gioielli di Marco Agazia & C. S.n.c. are subject to the terms and conditions of sale of OIRITALY: by visiting or purchasing from Sommer Gioielli di Marco Agazia & C. S.n.c. you are accepting the following conditions.
The purchases made by the Platform are made exclusively by people of legal age.
Sales made via the electronic Platform are governed by the Italian Legislative Decree No. 22 May 1999, n. 185 (“distance contracts”), Legislative Decree No. 9 April 2003, 70 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ), Italian Civil Code and by Legislative Decree No. September 6, 2005, 206 (Consumer Code).
The issues not provided in the above cited laws are governed by Reg (CE) No.44/2001 and Italian Law March 31, 1998, No. 114.
Using the Platform, registered users (“Users”) will be able to make purchases through a standardized electronic procedure governed by these General Conditions of Sale, in accordance with Italian law.
By making a purchase via the Platform, the User acknowledges to have read and understood these General Conditions of Sale and to accept them.
Please note that in case of non-acceptance of these General Conditions of Sale, it will not be possible to make any purchase on the Platform.
The General Terms of Sale will always be available on the Platform’s home page and will be freely available to any User, regardless of Registration and login as a registered User.
2.Website structure
The public area of the Platform is freely navigable by any User of the site: in this area there are shown and searchable all the products that Vendors make available for purchase through the Platform, as well as other content made available to the Users.
To navigate in the Public Area does not require any registration: Users are invited to read the “Terms of Use of the Site” which with navigation, declare to have read, understood and accepted.
The navigation of the Platform does not involve additional costs to the User beyond those already charged by the User’s telephone company or Internet service provider, if any, to connect to Internet.
To purchase a product from the Platform, the User can avoid to sign up or authenticate via login.
For the Platform registration and authentication methods, please refer to the “Terms of Use of the Site” available in the Home page.
3. Duration, Efficiency and Revisions to the Terms of Sale
These “General Conditions of Sale” shall be effective until their revision or amendment.
Any revision or amendment of these “General Conditions of Sale” will be published in the appropriate Platform section and will enter into force immediately upon publication.
The transaction effectuated through the Platform will be governed by the Terms and Conditions in force at the time of the order by the Buyer.
BY PLACING THE ORDER THE BUYER AGREES AND DECLARES TO HAVE READ, UNDERSTOOD AND AGREED TO THE “GENERAL CONDITIONS OF SALE” IN FORCE.
4. Product page
Every product offered for sale through the Platform is accompanied by a fact sheet, which each Vendor fills in with all the information necessary to identify and describe the product and its main features.
Please note that the image in the Platform represent the product offered for sale but - for obvious technical reasons related to the use of digital tools and monitors of different resolutions - may represent different colours and sizes: in that sense the image is considered as indicative and not descriptive; for the specific characteristics you are therefore invited to refer to the additional information contained in the product’s fact sheet. User can contact the OIRITALY Staff (
info@oiritaly.com) for further clarification about the products on sale.
In case of mass-produced products or those otherwise available in several types, the image is meant "for all."
5. Price
The Platform prices are expressed in Euro currency (Eur - €) but, with the specific check box, they can be converted into US Dollar (USD - $) or British Pound (GBP - £).
The price shown in the product page is inclusive of the applicable VAT.
If when ordering, the User chooses a country outside the European Economic Community (EEC) as destination, the system will deduct the Italian VAT from the total amount. In this case, at the time of delivery, the User will be called by its customs to pay the tax foreseen by the country of destination.
The shipping costs are always indicated in the checkout stage: for more details about shipping please refer to article 8 of these “General Conditions of Sale”.
Concerning the shipping costs to foreign countries, the shipment will be free of charge up to the Italian border: the buyer will be required to pay the difference between the Italian border and the country of destination.
Any supplements for special requests and / or customization are shown separately from the selling price and shown on the invoice issued by the seller.
6.Buying and registration process
Purchasing through the Platform is available to Registered and Non-registered Users.
The User may log on at the beginning of the Platform navigation: alternatively the login page will open when the User will use the command "BUY" on the product’s fact sheet of interest.
User may register at the beginning of the navigation in the "My OIR" area; alternatively, he/she may register in the checkout procedure before completing the order.
Unregistered users will be able to conclude the purchase by clicking on "continue as a guest".
After clicking on the "proceed to checkout" button, the order summary will be displayed in order to allow confirmation and/or data entry. The summary "Confirm Data" contains:
- Buyer's contact information;
- The delivery address;
- The indication of a different billing address;
- Available payment options;
- A box note, where the Buyer may enter further specifications or requests about the product, such as, for example, size and/or customization;
- The identification data of the product that the buyer intends to purchase, including quantity and price.
The Buyer is required to check that all the data in the Summary are correct, and in particular, if he/she is a registered user, that the data provided at the time of registration is complete and still current at the time of ordering: any errors or gaps could make it impossible to complete the transaction and receive the desired product.
At the bottom of the page, there is a reference to the Terms of Sale and the "Proceed to payment" command.
Each order will be for a single item, even if in several copies, when available from the same Vendor.
As soon as the Buyer has verified the correctness of the data Summary and has read the conditions of sale and indicated acceptance by checking the applicable box, the Buyer shall proceed to the next step by using the command "CONFIRM& PAY".
After having verified the correctness of the summary data and having read the terms and conditions of sale by expressing their acceptance, the Buyer may proceed to the next step using the "Proceed to payment" button.
Failure to confirm acceptance of the conditions of sale will prevent the procedure from continuing.
BY USING THE "PROCEED TO PAYMENT" COMMAND THE BUYER CONFIRMS THE CORRECTNESS OF THE DATA CONTAINED IN THE PURCHASE SUMMARY AND ITS ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE.
Please note that after you have confirmed the data with the command " PROCEED TO PAYMENT " the data cannot be changed.
The Buyer can choose the payment method he/she prefers among those proposed and presented in the summary page.
For further details on the payment procedures see art. 7 below.
Upon receipt of payment, OIRITALY will send the order to the owner of the product ordered and simultaneously will send to the Buyer a purchase confirmation, containing all the summary data of the transaction and the Vendor, as well as the information that the product will be provided to the courier for the delivery.
These General Terms and Conditions of Sale are also referred to in the purchase confirmation.
The order has to be considered confirmed when the parcel is handed over to the carrier.
The Buyer will receive a subsequent notice as soon as the shipment of the product has been arranged.
Each purchase will be stored in our archives with traditional and electronic tools.
The order status will be available in the Buyer’s personal Area.
Every effort will be made to keep the product warehouse constantly updated and the product pages complete and accurate: if, however, it is not possible to process the order submitted by the Buyer, the amount paid will be immediately refunded and notification will be given by email. In fact, OIR reserves the right to cancel the order, refunding the price paid by the Buyer, in case of obvious price errors, or in case of unavailability of the product due to the online warehouses not being aligned with the physical ones.
7. Order payment
OIRITALY provides a centralized payment system through Credit card, PayPal or Bank Transfer in order to facilitate the payment of the order.
The buyer can choose the desired payment method by clicking the corresponding box in the Order Summary page.
- By choosing Credit Card, the buyer will be automatically redirected to the secure payment page of the website www.unicredit.com, he/she will be able to make the payment by their credit card.
Once the payment has been made, a confirmation page will open, indicating the transaction ID and the Buyer will have the possibility to print the payment receipt: please note that THAT THE RECEIPT OF PAYMENT issued by Unicredit DOES NOT REPLACE THE PURCHASE INVOICE OF THE PRODUCT , it is only a receipt that the payment order has been successfully completed.
- By choosing PAYPAL, the buyer will be automatically redirected to the secure payment page of the website www.paypal.com, he/she will have to choose whether to make the payment through his Paypal account or using a credit card.
Once the payment has been made, a confirmation page will open indicating the ID of the transaction with PAYPAL and the Buyer will have the possibility to print the payment receipt: please note that THAT PAYPAL'S RECEIVERY OF PAYPAL'S PAYPAL-issued payment DOES NOT REPLACE THE BILL OF PURCHASE OF THE PRODUCT but only a receipt that the payment order has been successful and the payment has been completed.
- By choosing the option of payment by BANK TRANSFER, the Buyer will receive an order confirmation email with a summary of the order data and information for the transfer. If the payment is not received within 7 days from the placing of the order, the order is considered CANCELLED.
Whichever method is chosen, the User will receive an email confirming that the purchase has been made correctly.
8. Shipping and Transport
Delivery in Italy is free of charge once the amount of € 50 has been reached. The other countries shipping fees are indicated in the cart in the dedicated field.
Unless otherwise indicated in the productpage, shipping is intended as standard shipping.
Standard shipping will be made by TNT, DHL, Fedex or SDA courier with traceable delivery.
The organization of armoured transport may take longer: our Staff will inform the User about the real timing as soon as the shipping data will be known.
Logged in users will have at their disposal the status of their shipment in their Personal Areas.
Upon receipt, the Buyer is required to verify that the package is complete with all items declared in the transport document and not damaged, altered or completely intact; in such case the Buyer shall receive the goods "WITH CONDITIONS" indicating in the delivery note the objections made: if the Buyer accepts the delivery without reservation, the good means physically received in the Buyer’s possession intact, complete and without damages, with the consequent effects of the passage of risk, even under the Article 63 of the “Italian Consumer Code”.
If the delivery box is visibly altered, the Buyer shall not accept the package and shall return the package to the sender, giving immediate notice to OIR at info@oiritaly.com: in this way it will be possible for us to check the fact with the courier and proceed with a new delivery of the product purchased.
For all products, it is possible to pick up the products in the shop, upon payment online.
The "In-store collection" option will grant Users a discount on the price and they can choose to pay by credit card or PayPal. Upon completing the order, an email will be sent to confirm payment and then, when the order is ready for collection, a further email will be sent to notify the User.
The order holder must come to the shop with a valid ID and the order number. If the order is collected by a third party, a signed authorisation and a copy of the order holder's ID must be shown.
9. Right of withdrawal and change of mind
In accordance with the law, the CONSUMER BUYER is granted the right of withdrawal and reconsideration for purchases made through the Portal in the manner described in articles 9, 10 and 11.
In compliance with art.55, paragraph 2, letter d) of the Italian Consumer Code, the BUYER CAN NOT EXERCISE THE RIGHT OF WITHDRAWAL provided for in articles 64 and following of the Consumer Code in case of supply of MEASURED OR CUSTOMIZED GOODS.
Goods excluded from the right of withdrawal include products on which a personalisation has been engraved, impressed or in any other form, such as, by way of example, the engraving of a name or initials, a writing or a date.
Pursuant to art. 67, paragraph 3 of the Italian Consumer Code, the only expenses owed by the Buyer for the exercise of the right of withdrawal are the direct costs of returning the goods to the sender Vendor, except as provided for in art. 11 below for the case of return to the wrong party.
10. Right of withdrawal application
The CONSUMER BUYER who intends to exercise the right of withdrawal shall proceed as follows.
Pursuant to art.64 of the Italian Consumer Code, the consumer Buyer has the right to withdraw without penalty and without specifying the reason, WITHIN THE TERM OF FOURTH WORKING DAYS FROM THE DAY OF RECEIVAL OF THE PRODUCTS by the Seller.
Requests after the deadline do not constitute exercise of the right of withdrawal.
The right of withdrawal is exercised by sending, within the above mentioned term, a communication to OIR, by e-mail (info@oiritaly.it). The message must contain the details of the order (number, purchased item and buyer's references).
If the Buyer's notice of withdrawal has been formulated promptly and correctly, OIR will send the Buyer a Confirmation Notice, which will indicate the terms and conditions for subsequent operations (return and refund).
The product must be returned in accordance with the provisions of article 11 below.
11. Effects of withdrawal, return of products and refunds
The Buyer who wishes to exercise his right of withdrawal shall communicate it to OIR according to the above mentioned Confirmation Communication, in which the terms and conditions for return will be specified.
Pursuant to art.67 paragraph 2 of the Italian Consumer Code, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
The products must therefore be returned intact, accompanied by all accessories, seals, labels, documents, fiscal proof of purchase (if any) and with their original packaging.
The products must be returned directly to the Vendor, sending them with a traceable parcel to its address, within the deadline indicated in the confirmation communication sent by OIR through which it is confirmed that it has received the withdrawal notice.
Please note that the returned goods travel under the responsibility of the Buyer until delivery to the Vendor.
The return deadline will be considered respected only if, within said deadline, the product to be returned will be sent with a traceable parcel to the Vendor's premises within 14 days from the Confirmation Communication: any returns to addresses or subjects other than those indicated by OIR in its Confirmation Communication will not be counted for the purposes of verifying the timeliness of the return and may result in the forfeiture of the right to exercise the withdrawal.
For any parcels wrongly sent to the OIR offices, the shipping costs incurred by OIR for sending the wrongly delivered parcel to the Vendor will be deducted from the amount refundable to the Buyer, if such sending is anyway authorized.
Should the Buyer fail to comply with the deadline or the terms and conditions for returning the product indicated in the Confirmation sent by OIR, he will forfeit the right to exercise the withdrawal and no refund will be due to him. If the right of withdrawal is exercised by the Buyer in accordance with the above mentioned provisions, OIR shall be obliged to refund the sums paid by the Buyer, who shall only be responsible for the costs of returning the product.
The refund will be made free of charge, in the shortest possible time and in any case within thirty days from the date on which the Vendor received the package returned by the Buyer.
The refund will be made using the same methods used by the Buyer for the payment of the original order, with the exception of cash payment (cash on delivery) which will be refunded by bank transfer.
11. Returns and refunds
The Buyer who wishes to exercise his right of withdrawal shall not return the product until indication is given by the Vendor with the above mentioned Notice of Confirmation, in which will be specified the terms and conditions for the return of the Product.
The return of the product purchased before the “Notice of Confirmation” as provided above, does not constitute proper exercise of the right of withdrawal pursuant to these General Conditions of Sale, with the consequences set out below:
- If the Buyer sends formal notice of withdrawal pursuant to Article 10 within the period of expiry of the withdrawal period, the Vendor will consider valid the return of the goods in advance and will reimburse the Buyer within 14 days from the date of receipt of notice of withdrawal;
- If the Buyer fails to send formal notice of withdrawal pursuant to Article 10 within the period of expiry of the withdrawal, the early return of the goods will constitute a breach of the contract of sale with every descendant liability, including compensation against the Vendor.
Failure to collect or refusal of delivery of the product purchased by the Buyer are not and never have to be considered eligible to exercise the right of withdrawal pursuant to these General Conditions of Sale: such conduct constitutes a breach of contract of sale with each descending responsibility, including damages in respect of the Vendor.
It should be noted that under Article 57, paragraph 2 of the “Italian Consumer Code”, the consumer is responsible for the diminished value of the property resulting from a mishandling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods : is always considered mishandling in accordance with this article, the removal or alteration of any evident seal on goods purchased.
The goods mishandled in accordance with the preceding paragraph can then be returned but the reimbursement will be reduced by the decrease in the value assessed by the Vendor, which may reach the 100% of the purchase price if the goods are damaged beyond economical repair.
The products will be returned and accompanied by all the accessories, seals, labels and documents with their original packaging.
Failure to return such items will be considered mishandling according to law with a consequent decrease in the value of the goods in accordance to the terms already indicated in Article 9
The products will be returned directly to the Vendor, sending with traceable package to the address indicated on the receipt / invoice or that may otherwise stated in the Notice of Confirmation, without undue delay and in any event within the period specified in the Notice of Confirmation sent by the Vendor that he has correctly and promptly received the notice of cancellation.
Please note that the shipment of the returned goods is the responsibility of the Buyer until receipt by Vendor of the returned goods in the Vendor’s hands and that the direct costs of returning goods will be borne by him.
The conditions for returned goods shall be deemed observed only if the returned goods will be sent back at the Vendor’s office within the required timeframe: any returned goods shipped to incorrect addresses or to entities other than those specified by the Vendor in its statement of confirmation will not be counted for the purpose of verification of timeliness and may result in the forfeiture of the right to exercise the withdrawal.
Any parcel sent to OIR will be refused or, if a package were incorrectly accepted by OIR, the costs sustained by OIR to send the package to the Vendor will be deducted from the refundable amount due the Buyer, provided that the Vendor will authorize such shipment.
If the Buyer fails to comply with the terms for return of goods as indicated in the Confirmation sent by the Vendor, the Buyer shall forfeit its right to exercise the cancellation and no refund will be due.
If the right of withdrawal is exercised by the Buyer in accordance with the provisions set forth above, the Vendor is obliged to reimburse the sums paid by the Buyer, the buyer will be in charge of the costs of returning the goods to the Vendor and the costs and the additional costs indicated in Articles 8 and 9, which will be deducted from the reimbursement together with any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Refund will be made free of charge in the shortest time possible and, in any event, within fourteen days from the date on which the Vendor has received formal notification of withdrawal from the Buyer. It is understood that in the event of exercise of the right of withdrawal not timely or not properly, no reimbursement will be due.
The reimbursement will be processed with the same procedures used by the Buyer for the payment of the original order whenever possible: in the case of purchase with cash on delivery, the reimbursement will be made via bank wire transfer, at no additional cost as a result of this method of repayment.
If the Buyer does not communicate to the Vendor the bank details necessary to the wire transfer reimbursement if case of payment with cash on delivery, the reimbursement will be suspended for the whole period of inertia and no liability for delay can be charged to the Vendor.
It is understood that, from the moment the withdrawal goods will arrive in the availability of the Vendor, they will be free to dispose of it, even through the relisting of said goods.
Under Article 56, paragraph 2 of the “Italian Consumer Code”, the reimbursement may also be suspended until receipt of the goods.
12. Product warranties and vices
The e-commerce is subject to the rules set out in the “Italian Consumer Code” at D.Lgs. 70/2003 and the “Italian Civil Code” regarding warranties and defects or discrepancies. Upon receipt of the package, Buyer is required to check that the goods purchased does not contain defects or deviations from what is stated in the Product’s fact sheet provided in the Platform.
- CONSUMER BUYER resident or domiciled in Italy is granted legal warranties on consumer goods as set out in articles 128 to 135 of the “Italian Consumer Code”, in addition to any warranty of merchantability made by the manufacturer. The Vendor is responsible, pursuant to article 130, where the lack conformity becomes apparent within two years from delivery of the goods, in the case of new product; for used products the legal warranty is one year from delivery.The Buyer Consumer forfeits the rights provided for in article 130, paragraph 2, if he does not inform the seller of the lack of conformity within a period of two months from the date on which he discovered the defect.
• NON CONSUMER BUYER who has purchased with “VAT” code, is granted the legal guarantee provided for in articles 1490 and subsequent of the “Italian Civil Code”.
The Non Consumer Buyer forfeits the rights provided in article 1490 if he fails to notify the seller of the lack of conformity within a period of eight days from the date on which he discovered the defect.
The action to enforce the legal warranty shall lapse if not exercised within one year from delivery of the goods, and is subject to the respect of the complaint period above.
STATUTORY WARRANTIES ON THE PRODUCT MUST BE EXERCISED DIRECTLY WITH THE VENDOR.
Any complaint concerning defects or discrepancies of the product must be made in writing and sent by registered letter with acknowledgment of receipt within 60 days of discovery of the defect as provided for by the “Italian Consumer Code” article 130 or in the shorter period of 8 days from the discovery of the defect as provided for by the “Italian Civil Code” Article 1490 and subsequent, as applicable.
Please note that to exercise the product warranties, the tax document (invoice, receipt or receipt) issued by the Vendor and included in the Package must be kept and shown.
13. Ratings and comments
The Buyer has the option of issuing an opinion, comment, evaluation and / or score for the transactions made through the Platform, which will be published in the Platform or in the pages of OIRITALY sites operated by third parties, including Social Networks.
Only legal, truthful, correct and inoffensive comments are permitted.
Profanity, offensive, misleading or defamatory, or otherwise false comments are strictly prohibited.
OIRITALY is not required to verify the content or check the correctness of the comments posted nor respect of the above mentioned parameters: however, OIRITALY reserves the right to remove comments that are considered prejudicial or improper.
OIRITALY also reserves the right to temporarily or permanently suspend the Buyer's personal account that publishes improper comments.
14.Applicable and Governing Law and Disputes
Transactions through the Platform are governed by these General Conditions of Sale and, under the Italian law, which must also be taken as a parameter for the interpretation of the conditions themselves, if any doubt should arise.
In accordance with article 63 of the Italian Consumer Code, any disputes arising out of purchases made by the Italian consumer resident or domiciled in Italy through the Platform, should be submitted to the jurisdiction of the Court of the place of residence or domicile of the consumer:for any disputes arising out of purchases made by the non consumer and/or consumer not resident in Italy, the local jurisdiction will be by the Civil Procedure Code.
