TERMS AND CONDITIONS
These conditions are valid exclusively between the individual company Giuseppe Mandile, with its registered office in Via Tito Tito Angelini, 14 – 80129 Naples – REA Economic and administrative directory NA No. 496703, VAT 05920040630, tel 0815780708, fax 0815780708, email: firstname.lastname@example.org, hereinafter referred to as “Giuseppe Mandile” and any person making purchases online on the website www.mandilegioielli.it hereinafter referred to as “CUSTOMER”. These conditions may be subject to changes and the same date of publication on the website is equivalent to the date of entry into force.
These conditions govern the purchases made on the site www.mandilegioielli.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, modificato dal D.lgs. n. 21/2014 e dal D.lgs. and Legislative Decree 70/2003 on electronic commerce.
PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – art. 49 of Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER’s choice.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the terms within which Giuseppe Mandile undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal;
- model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- after sales service conditions and commercial guarantees provided by Giuseppe Mandile.
The CUSTOMER can, at any time and in any case before the conclusion of the contract, take note of the information relating to Giuseppe Mandile, the geographical address, telephone and fax number, e-mail address, information that is reported, also below:
ditta individuale Giuseppe Mandile
sede legale Via Tito Angelini, 14 – 80129 – Napoli
tel. 0815780708– Fax 0815780708
CONTRACT OBJECT AND ACCEPTANCE OF THE GENERAL SALES CONDITIONS
With these general conditions of sale, Giuseppe Mandile sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.mandilegioielli.it. The contract is concluded exclusively through the internet, through the CUSTOMER access to the website www.mandilegioielli.it and the creation of a purchase order according to the procedure provided by the site itself.
The CUSTOMER undertakes to read, before proceeding to confirm his order, these general conditions of sale, in particular the pre-contractual information provided by Giuseppe Mandile and to accept them by affixing a flag in the indicated box
In the order confirmation e-mail, the CUSTOMER will find the link to these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT-TERMS OF PURCHASE
The sales contract is considered concluded with a confirmation email send by Giuseppe Mandile to the CUSTOMER. The email contains the CUSTOMER’s data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and a link to print and archive the copy of these conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to Giuseppe Mandile.
Giuseppe Mandile undertakes to describe and present the items on the site in the best way possible. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.mandilegioielli.it do not constitute a contractual element, as they are only representative. Giuseppe Mandile undertakes to deliver the goods within 10 working days from the sending by Giuseppe Manidile of the order confirmation email.
For each order placed on the site www.mandilegioielli.it, Giuseppe Mandile will issue an invoice for the shipped goods. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice is issued, it will not be possible to make any changes to the data indicated in the same.
Each payment by the CUSTOMER can only be made in the following ways:
Payment by card and Paypal.
www.mandilegioielli.it, for payments by credit cards, uses the PayPal gateway through which it is possible to pay by credit cards Visa, VIsa Electron, MasterCard, Discover, American Express, Carta Aura, Postepay or PayPal prepaid card. After confirming the order data, the PayPal login page will open to access your Paypal account or enter your card details and complete the payment. This method provides an additional cost of 4% on the total order that will not be supported by the customer but by Giuseppe Mandile.
Cash-on delivery .
This method of payment does not foresee an additional cost on the total order since the extra costs will be totally supported by Giuseppe Mandile.
This payment method can only be used for shipments made in Italy.
The payment may also be made by bank transfer upon notification of the will to use this payment method by selecting the option at the time of the order.
It is very important that the order number is written in the payment form (generated at the time of the order and received by email). Failure to enter the code will slow down the order process.
The reference bank may take 4 to 6 working days to make the money transfer; from the moment of payment Giuseppe Mandile will process the order.
RIGHT OF WITHDRAWAL
In accordance with the art. 52 of the Consumer Code, in addition to the other rights, the costumer can withdraw from this contract without just cause and receive a refund of the price paid, subject to the exceptions referred to in art. 59 of the Consumer Code (for example for the purchase of specially customized, engraved or individualized Products; for the supply of sealed items that cannot be returned for health or hygiene reasons to which the seals have been removed after delivery, etc. unless that these Products were already damaged or defective at the time of delivery or were delivered incorrectly). The right of withdrawal must be exercised within fourteen (14) days from the day on which the Products purchased on www.mandilegioielli.it were received. The products must be returned within fourteen (14) days from the day of communication of the withdrawal, by sending the package via the courier indicated by Giuseppe Mandile (GLS) or through another shipper, only after having communicated it by email to info@mandilegioielli .it In any case, the withdrawer undertakes to return the product by organizing the shipment and / or the relative return procedures and being aware that the costs of returning the product are at his expense. The right of withdrawal can only be exercised by Consumers, or by only natural persons who act for purposes unrelated to their business or professional activity.
CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWL
In addition to compliance with the above terms, the right of withdrawal is understood to be exercised correctly if the following additional conditions are fully met:
- the withdrawer can use any explicit declaration of his decision to withdraw from the contract and electronically send the withdrawal form or any other explicit declaration on the Giuseppe Mandile website to email@example.com. The communication can also be sent by registered letter with return receipt to the address Giuseppe Mandile Via Tito Angelini, 14 – 80129 Naples or by telegram, fax, to the number 0815780708 to be confirmed by registered letter with return receipt within the following 48 hours;
- the withdrawer must observe the necessary diligence in the care of the Products in his possession, in the event of default, we reserve the right to deduct the cost of any deterioration of the Products, up to the price, from the amount to which he would otherwise be entitled as refund;
- the products must be returned in their original packaging;
- returned products must be sent to Giuseppe Mandile in one shipment. Giuseppe Mandile, in fact, reserves the right not to accept items from the same order returned and shipped at different times.
If all the required conditions have been met, Giuseppe Mandile will reimburse the price of the products purchased except for the shipping costs. The buyer will be contacted if the return cannot be accepted because it does not comply with the above conditions. In this case, you can choose to have the products purchased back at your own expense. In the event of refusal of this shipment, Giuseppe Mandile reserves the right to retain the products and the corresponding amount for the purchase of the products.
REFUND TIME AND METHODS
After Giuseppe Mandile has received the return and checked that all the requirements have been met, the buyer will receive an e-mail confirming the acceptance of the return. Whatever the payment method used (credit card, bank transfer, cash on delivery) is, the refund is activated by Giuseppe Mandile in the shortest time possible, and in any case within fourteen (14) days from the date on which it became aware of the exercise of the right of withdrawal and once it has been verified that the withdrawal took place in compliance with the above conditions. The actual time for re-crediting or returning the amounts paid for the purchase of the products depends on the payment methods used:
– purchase by credit card: the time required to view the refund depends on the institution that issued the card. The value date of the chargeback is the same as the debit, so you will not suffer any loss in terms of bank interest.
– purchase via PayPal: the refund will be made to the PayPal account and will be immediately visible. The actual refund on the credit card from the PayPal account depends on the institution that issued the card.
– payment by bank transfer: the repayment takes place on the current account that issued the transfer, therefore the repayment time depends on the times of the banks involved; re-credit normally takes place within a maximum of ten (10) days.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Giuseppe Mandile can suspend the refund until the receipt of the goods or until the CLIENT demonstrates that he has sent the goods back to Giuseppe Mandile.
LEGAL GUARANTEE OF CONFORMITY
In case of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to restore the conformity of the product at no cost by repairing or replacing the product. The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to Giuseppe Mandile within two months from the discovery. If replacement or repair are not possible, the CUSTOMER is still entitled to a reduction in the price or to have a sum back, commensurate with the value of the goods, against the return of the defective product to the seller.
The Legal Guarantee is reserved for the private Consumer, therefore purchases made with VAT number are excluded from this area. The warranty start date coincides with the date of receipt of the product.
CASES OF EXCLUSIONS OF THE LEGAL GUARANTEE
The CUSTOMER will not be entitled to repair, replacement, price reduction or termination of the Contract in relation to any Product or any component identified as defective if, except as otherwise laid down and in accordance with the applicable law:
- the Products have been repaired or altered by people other than Giuseppe Mandile or any other authorized person;
- the lack of conformity of the Product or Products occurred after the term of 2 (two) years from the delivery of the Product itself and / or the related request for repair or replacement of the defective Product or defective Products was sent after 2 (two ) months from the discovery of the defect;
- ithe defects are due (in whole or in part) to misuse, improper use or storage or maintenance or non-compliance with the instructions provided by Giuseppe Mandile together with the Products delivered;
- at the time of the conclusion of the Contract, the CUSTOMER was aware of the defect and could not ignore it with ordinary diligence;
- the lack of conformity derives from instructions or materials provided by the CUSTOMER.
THE LEGAL GUARANTEE CAN BE ENFORCED:
- By phone or email. Alternatively, the customer can contact the store by phone, by contacting customer service at 0815780708 or by sending his request to the following address: firstname.lastname@example.org. The staff will provide the customer with the necessary information regarding the conditions and procedures for the use of the legal guarantee.
All the products presented on the site www.mandilegioielli.it benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product data sheets of the articles.
Giuseppe Mandile will accept orders to be delivered throughout the European territory. For orders in non-European countries, contact Giuseppe Mandile for an estimate on shipping costs. For deliveries, Giuseppe Mandile uses the GLS Executive Express Courier.
Orders are processed from 9.00 to 19.00 from Monday to Friday.Orders placed after 19.00 on Friday will be processed on the following Monday.
Orders placed on holidays will be processed on the first following business day.
From the moment the goods are shipped, you can view the status of your order through the tracking code on the courier’s website. This code will be sent to you by Giuseppe Mandile via email at the time of shipment.
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 10 working days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by Giuseppe Mandile. For jewels with stones only: not all variants of stones may be available at the time of your order, this could lead to a delay in the delivery time of a few days. Before concluding an order, check availability and expected delivery times by sending an email to email@example.com.
.For any requests, questions or comments, please write to firstname.lastname@example.org.
Shipping costs are charged to the customer and are clearly spelled out when placing the order. Nothing is due more by the customer than the total of the order highlighted at the end of the purchase procedure. Shipping costs are 5 € including VAT.
LEGGE APPLICABILE E TUTELA DEI DIRITTI
Questi termini e condizioni generali di vendita sono governati dalla legge italiana ed in particolare dal decreto legislativo italiano del 6 settembre 2005 il n° 206 (e sue recenti modifiche ai sensi del decreto legislativo n. 21 del 21 febbraio 2014 entrato in vigore il 13 giugno 2014) sui contratti a distanza e dal decreto legislativo italiano del 9 aprile 2003 il n° 70 per gli aspetti relativi al commercio elettronico.
Il CLIENTE Consumatore, ai sensi degli articoli 140 e 141 del Codice del Consumo, ha facoltà di agire a tutela dei suoi interessi attraverso un’associazione di consumatori ovvero di promuovere un tentativo di composizione stragiudiziale per la risoluzione di eventuali controversie. Alternativamente, ha facoltà di promuovere un giudizio ordinario per la risoluzione delle controversie derivanti dalla interpretazione, esecuzione e validità dei presenti Termini e Condizioni.