General terms and conditions
These General Conditions regulate on-line purchases made via the website marcogerbella.it owned and managed by Marco Gerbella Orafo srl.
1.1. These General Sales Conditions (hereinafter, “General Conditions” and/or “GSC”) are applicable to all distance sales of “Marco Gerbella Orafo srl” branded products (hereinafter, “Products” or “Product”) concluded via the website www.marcogerbella.it (hereinafter, “Website”).
1.2. Use of the distance sale service described in these General Conditions is solely restricted to consumers (hereinafter, “Customers” or “Customer”), understood as the natural persons acting for purposes other than any entrepreneurial, business or professional activity they might carry out, over 18 (or, if minors, authorised by the person exercising parental authority by law).
1.3. The Customer is required to carefully read the General Conditions that have been provided on the Website, so that the Customer may become familiar with them, store them and reproduce them pursuant to article 12, paragraph 3 of Italian Legislative Decree 9 April 2003, No. 70 (“Implementation of Directive 2000/31/EC concerning certain legal aspects of information society services, in particular electronic commerce, in the Internal Market” – hereinafter, “E-commerce Decree”).
By using this website you unconditionally agree with the terms and conditions of use set out below, which may however be amended, at any time and without prior notice, by Marco Gerbella Orafo srl at its sole discretion. Use of the website by you after the aforementioned amendments shall be construed as unconditional agreement with the terms and conditions as amended. The information, pictures, photographs, trademarks, products and in general, the items and material you find in this Website are only disclosed for promotional and advertising purposes. You may download or copy said information and materials for personal use only and not for commercial purposes.
1.4. Contracts entered into with Marco Gerbella Orafo srl via the website are regulated by Italian Law and, specifically, by Italian Legislative Decree 6 September 2005, No. 206 as amended (hereinafter, “Consumer Code”) and by the aforementioned E-commerce Decree.
2.1. The seller is the Marco Gerbella Orafo srl with registered office in via Maggiore 159 48121 Ravenna (VAT Number and Tax ID 02524970395 – ph. 0544 464142 – email@example.com)
INFORMATION ON THE PRODUCTS AND THEIR AVAILABILITY
3.1. The information concerning the Products, with their product codes, are available on the Website, where the Customer will find details on the main features of individual Products.
3.2. The Website does not contain all the Products. The Products represent a selection of the items normally available in the shops and, by way of example, the are small items of jewellery and/or fashion accessories. The graphical depiction of the Products shown on the Website might differ from actual. For any further information, the Customer may contact the closest authorised “Marco Gerbella Orafo srl” dealer or contact out company directly. Not all the Products described in the Website are or will be available at all the shops.
3.3. All the Products are subject to limited availability. Marco Gerbella Orafo srl reserves the right to change at any time the limits of quantity and/or types of the Products that may be purchased on-line on the Website. The style, models and colours of the Products described in the Website may be modified without prior notice.
4.1. The prices of the Products on the Website are in Euro and include all applicable taxes or duties. The delivery expenses separately marked in the order form must be added to the prices of the Products. 4.2. Marco Gerbella Orafo srl constantly checks all the prices set out on the Website to ensure they are correct, however this dies not guarantee no errors may be made. In the event an error should be found on the price of a Product, Marco Gerbella Orafo srl gives to the Customer the option to reconfirm the order fort he Products at the correct price or to cancel it.
4.3. The information contained on the Website do not represent an offer by Marco Gerbella Orafo srl.
5.1. The essential features and prices of the Products are set out in the offer for each Product found on the Website. 5.2. Before sending a proposed order, Customers are asked to ensure they have read and understood the instructions provided during the purchase procedure and these General Conditions, as they are binding once the contract is entered into. To purchase the Products the Customer must fill in and send to Marco Gerbella Orafo srl the form with the order proposal in electronic format, following the instructions contained in the Website. The Customer must enter the Product into the appropriate “basket”, read and accept the General Conditions, with special reference to the contribution for delivery expenses and the conditions on the right of withdrawal, then read the Privacy Information, after which they must select the desired payment method and select the option to “proceed to checkout”.
5.3. Should the Customer need to correct any errors in entering the data, they must follow the appropriate editing procedure indicated on the Website, before sending their order proposal. Specifically, the Customer is entitled to change the quantity of Products they intended to purchase, by adding or removing one or more Products from the “basket”. 5.4. By send the order proposal to Marco Gerbella Orafo srl the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to accept the General Conditions in their entirety. 5.5. Without prejudice to the uses of the data described in the Privacy Information and subject to express consent by the Customer, the form with the order proposal and Customer data related to the order proposal will be kept by Marco Gerbella Orafo srl for the time period set forth by the laws in force.
6.1. The Customer may pay the price of the Products and relevant delivery expenses by credit card.
6.2. Marco Gerbella Orafo srl accepts payments made with:
6.3. The transaction shall be debited on the Customer’s credit card only after:
(i) the credit card data have been verified;
(ii) debiting authorisation has been received from the company issuing the credit card used by the Customer and
(iii) Product availability has been confirmed by Marco Gerbella Orafo srl therefore after the order is ready to be processed. 6.4. In the event that, due to any reason, it should be impossible to debit the amounts owed by the Customer, the purchase process will be automatically cancelled and the purchase automatically deleted.
CONCLUSION OF THE CONTRACT
7.1. The contract entered into between Marco Gerbella Orafo srl and the Customer shall be deemed concluded when the Customer receives confirmation by Marco Gerbella Orafo srl that their order proposal – sent in compliance with the purchase procedure indicated on the Website – has been accepted, following verification of Product availability and successful debiting of the price on the Customer’s credit card. The order proposal sent by the Customer shall be binding for Marco Gerbella Orafo srl only if the entire purchase procedure has been duly and correctly completed, with no errors found by the Website.
7.2. Marco Gerbella Orafo srl reserves the right to partially process the order in the event of unavailability of one or more Products ordered by the Customer. In that case only the sum due for the partially processed order shall be debited. 7.3. Marco Gerbella Orafo srl shall not be liable for malfunctions arising from the data transmission network provider. 7.4. In compliance with the provisions of article 13 of the E-commerce Decree, upon confirmation of the order or execution of the contract, Marco Gerbella Orafo srl shall send the following information to the Customer by email: a summary of the General Conditions, information on the essential features of the purchased Products, detailed indication of the price and payment methods, information on delivery expenses, information on the conditions and methods for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in case of customised Products, the address of Marco Gerbella Orafo srl for sending complaints, information on support services and existing commercial warranties. The Customer must promptly verify the content of the email and immediately report to Marco Gerbella Orafo srl any errors or omissions.
INVALIDITY OF THE ORDER PROPOSAL
8.1. In derogation to the provisions of paragraph 7 above, no order proposal shall be construed as accepted and no contract shall be understood to have been entered into by Marco Gerbella Orafo srl between them and the Customer where Marco Gerbella Orafo srl should have reasonable and justifiable cause to believe that the Customer:
(i) intends to purchase the Products for purposes related to their own or other party’s entrepreneurial or professional activity, in compliance with the provisions of paragraph 1.2 of these General Conditions; or
(ii) does not act based on actual and genuine interest in purchasing the ordered Products, or
(iii) unlawfully exercises the right of withdrawal recognised by paragraph 13 below.
8.2. In these cases, the order proposal sent by the Customer shall be understood as wholly invalid and ineffective. Marco Gerbella Orafo srl shall send to the Customer, by email, a notice as to non-acceptance of the order proposal by Marco Gerbella Orafo srl and failure to enter into the contract, while cancelling any charge or expense borne by the Customer.
TRANSPORT AND DELIVERY
9.1. For reasons of safety, the Products purchased on the Website shall be delivered to the address registered on the credit card, unless indicated otherwise by the Customer and the Customer’s signature or that of a representative over 18 shall be required upon delivery. No deliveries shall be made to post boxes.
9.2. For every order made on the Website, Marco Gerbella Orafo srl issues a receipt of the Products sent, and sends it either b email or by surface mail to the order holder, pursuant to Italian Presidential Decree 445/2000 and Italian Legislative Decree 52/2004. The information provided by the Customer upon placing the order shall be used for issuing the invoice. No change may be made to the receipt after it has been issued.
9.3 Shipments are made from Monday to Thursday. Due to the handmade nature of the product are necessary, after receipt of payment, FROM 7 TO 15 WORKING DAYS.
With the shipment of the package will receive the receipt that attests to the ﬁscal purchase, on demand, upon request in the order, will be delivered the accompanying invoice.
For more information about shipping times you can contact us at: firstname.lastname@example.org
9.4 DHL couriers are our partners for your safe and fast shipments throughout Italy. The shipment in Italy is free for an expense superior to euro 250,00, in case of inferior expense the shipment is equal to euro 12,00. For shipping to Livigno, the cost is increased and is equal to € 20.00.
You can also place orders from European Union countries (excluding Switzerland, United Kingdom and Russia) with shipping costs of € 20.00 charged to the customer. Any taxes or duties implemented by foreign countries are at the total expense of the customer.
To the delivery it is advisable to veriﬁer the integrity of the package, in case of anomalies to withdraw the package with “reserve”, signaling in the document of delivery “RECEIVED WITH RESERVE”.
It is important that any complaints are immediately expressed to the carrier, otherwise the goods will be considered accepted.
SHIPMENT CONFIRMATION AND DELIVERY
10.1. Marco Gerbella Orafo srl shall send to the Customer a confirmation email once the Products have been shipped.
11.1. The Products purchased on the Website are delivered with the “Marco Gerbella Orafo srl” corporate packaging as in our dealer shops.
RETURNS AND REFUNDS
12.1. In compliance with the provisions of article 59, paragraph 1, letter c) of the Consumer Code, the right of withdrawal, cancellation or return which would otherwise be granted, is excluded in case of orders relating to customised Products, such as items with names or text specifically requested in the order by engraving the Customer’s initials on the Product, without prejudice to paragraph 12 below, i.e. in case of jewellery made according to the Customer’s specific indications, either in text or pictures. As regards said customisation, the Customer acknowledges that the graphic depiction on the Website might differ from reality. As a matter of fact, the images and photos of the engraving might not reflect the actual appearance of the final product.
12.2 Marco Gerbella Orafo srl offers the guarantee “satisfied or reimbursed” according to D.Lgs. 22 May 1999 n 185, with this guarantee the customer can exercise the right of withdrawal without specifying the reason, within 10 DAYS from the receipt of the goods.
The right of withdrawal is exercised by sending a REGISTERED LETTER to Marco Gerbella Orafo Srl Via Maggiore 159 – 48121 Ravenna (Italy).
The communication can also be sent by e-mail: email@example.com, provided that it is confirmed, by registered letter, within 48 (forty-eight) hours after sending the Email.
The cost of returning the goods are TOTALLY CHARGED TO THE CUSTOMER, parcels cash on delivery will not be accepted, the customer must return the goods in their original packaging, once we receive the products (the company reserves the right to veriﬁfy any damage or defects of products not derived from transport) we will, as soon as possible, credit the cost of returned products as indicated in the bill of delivery to the customer.
The customer has the right to cancel the order within 24 hours from the receipt of the confirmation e-mail by sending an e-mail or calling the customer service at 0544 464142 (from Monday to Friday from 10:00 to 12:30). Concerning the right of withdrawal by the customer, Marco Gerbella Orafo Srl will provide, within 14 days from the shipment of the goods by the customer, the refund of the expenses already sustained by the customer according to art. 54 Consumer Code.
For any COMPLAINTS please contact the customer service at 0544 464142 (every day except Saturday and Sunday from 10.00 to 12.30) or by e-mail: firstname.lastname@example.org, specifying the nature of the complaint.
DEFECTS OF CONFORMITY
13.1. Should a Product sold by Marco Gerbella Orafo srl have a production defect and however, for any defect of conformity related to the Products sold by Marco Gerbella Orafo srl, the Customer shall immediately contact on line support at: email@example.com.
13.2. The legal guarantees set forth by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer is entitled to restoring the conformity of the goods, at no expense, by repair or replacement or, in the event such remedies should fail, by adequate reduction of the price or termination of the contract. These Customer rights shall be forfeited unless they report the defect of conformity to Marco Gerbella Orafo srl within two months from the date when they found the defect. The action aimed at raising the defects not concealed by Marco Gerbella Orafo srl by negligence, however, shall be time-barred twenty-six months after delivery of the goods.
ERRORS OR INACCURACIES
14.1 Marco Gerbella Orafo srl undertakes to provide constantly up-to-date information in the Website sections relating to the description and/or sale of the Products and shall strive to ensure the description and/or photographic depiction of the products on the website is as faithful as possible to said products. However, it is not possible to assure the complete absence of errors and, taking into account the methods of digital presentation of the products, the Customer’s perception of the description or graphic depiction of the products might not exactly match the product. Marco Gerbella Orafo srl reserves the right to correct the errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to amend or update the information at any time with no prior notice.
WARRANTY OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
15.1 Marco Gerbella Orafo srl guarantees the authenticity of all Products purchased on the Website. “Marco Gerbella Orafi” branded Products are made with the best materials, made by artisans, and are all strictly and wholly MADE IN ITALY.
15.2 The “Marco Gerbella Orafi” trademark, as well as the set of figurative and non figurative marks, service marks, featured on the Products, on their accessories or packaging, shape marks, either registered or not, as well as all pictures, images and logos protected by copyright and, more in general, all intellectual property rights relating to the products are and remain the sole property of Marco Gerbella Orafo srl. The information, images, photographs, marks and in general the items and materials made available through this Website are and shall remain the exclusive property of Marco Gerbella Orafo srl. Therefore, reproduction, either wholly or in part (with the only exception when for personal and non commercial use), distribution, publishing, broadcasting, modification, either wholly or in part, and sale of the information, images, photographs, marks, products and in general the items and all the material contained in this Website are forbidden.
Specifically, the names and trademarks “Marco Gerbella Orafi” and all other marks that include the name “Marco Gerbella Orafo srl”, either registered or not, are and shall remain the exclusive property of Marco Gerbella Orafo srl and reproduction, distribution, publishing, broadcasting, modification, either wholly or in part, and sale thereof, for any reason or purpose, are expressly forbidden.
APPLICABLE LAW AND COURT OF JURISDICTION
16.1 These General Conditions are regulated by Italian law and shall be interpreted in compliance with Italian laws.
16.2 The court of the Customer/consumer’s place of residence or domicile shall have mandatory territorial jurisdiction for any disputes arising from interpretation, validity or execution of these General Conditions.
CONTACTS 17.1 For more information and assistance on the Website or on online purchase methods, the Customer may contact Marco Gerbella Orafo srl at: firstname.lastname@example.org or at the postal address below: Marco Gerbella Orafo srl, registered office Via Maggiore 159 – 48121 Ravenna
Having acquired the information provided by the Data Controller pursuant to art. 13 of It. legislative Decree 196/2003, the Customer consents to the processing of their personal data for the aims indicated in the aforementioned Information as required to allow the Data Controller to correctly manage the transaction and consistently manage said data.
In every moment, according to the art. 13 of It. legislative Decree 196/2003 the Customer will be able to have access to his own data, to ask the modification or the cancellation or to oppose to their use writing to the holder of the data as follows: Marco Gerbella Orafo Srl Via Maggiore 159 – 48121 Ravenna (Italy).