These general conditions of sale govern the terms and conditions of sale of the products marketed by Bra Gioielli Srl through the website www.bragioielli.com and sold directly by Bra Gioielli Srl, with registered office in Italy, Bra (CN) – Corso IV November 2 / A, Isc. Reg. Imp., CF, VAT no. 02794720041, mail: firstname.lastname@example.org, to which it is always possible to address any information and need for assistance connected and / or related to the purchase of the products, including any reports, complaints, requests concerning the purchase and / or delivery of the products, the exercise of the right of withdrawal, etc….
Each sales contract concluded between Bra Gioielli Srl (“Seller”) and the Customer through this site is therefore governed by these general conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of products.
2. Purchase conditions and contract conditions
The products presented on the site represent a mere invitation – not binding for the Seller – addressed to the Customer to formulate a contractual purchase proposal, through an order, and do not constitute an offer to the public.
Purchase orders must be sent by the Customer to the Seller by completing the complete form in its entirety and must contain all the elements necessary for the correct identification of the products ordered.
Each order has the value of a contractual proposal and, therefore, will be binding for the Seller only if accepted by the same.
By submitting the purchase order, the Customer declares to have received from the Seller all the information relating to the characteristics of the product, the price, any additional shipping costs and any other purchase contractual conditions and declares to accept these general conditions of Sale.
In particular, the Seller guarantees that the Customer is enabled to recognize, before placing the order, that the order implies the obligation to pay.
The Seller reserves the right not to accept incomplete or not properly completed orders.
If the Seller is unable to execute the order due to unavailability of the products ordered by the Customer, the same will promptly inform the Customer, reimbursing all sums that may have already been paid, with the same payment methods received; in this case, however, the Customer will not be entitled to any further reimbursement or indemnity or compensation for damage.
Unless otherwise indicated, the prices of the products published by Bra Gioielli Srl must be understood as inclusive of VAT, while they do not include shipping and insurance costs for shipping which are calculated in the order confirmation sent by the Seller to the Customer and which are therefore charged to the customer. If the shipping costs cannot be calculated in advance, it is understood that the same will in any case be charged to the Customer.
The prices of the products may be subject to updates and in this case these cancel and replace the previous ones and are subject to the actual availability of the products.
4. Methods of payment
The payment methods are expressly indicated in the order form and are as follows:
– PAYPAL: in case of purchase of products with PayPal payment method, the Customer will be redirected to the PayPal site where you can complete the order and make the payment by logging into your account or creating a new account. With payment via PayPal, the amount is charged directly to the assigned credit or debit card. Credit card details are not disclosed to the Seller. In case of cancellation, the amount will be refunded to the Customer’s PayPal account.
– ADVANCE BANK TRANSFER: in case of payment by bank transfer in advance, the sending of the order takes place only when the actual crediting of the current account indicated by the Seller, which must take place within 5 working days from the date of acceptance of the order, after which the order is considered automatically canceled. The purpose of the bank transfer must include the order ID that is issued in the order confirmation email.
5. Delivery methods - Terms
The delivery and shipping methods are those indicated on the site. The delivery terms are purely indicative and not binding for the Seller, who can subsequently confirm or modify them, depending on their actual availability of the product and / or needs. The Seller undertakes to do everything in its power in order to comply with the delivery times indicated on the site and, in any case, to carry out the delivery within a maximum period of thirty days from receipt of payment, which starts immediately in case of payment via PayPal; in case of payment by bank transfer, the delivery term starts from the day of actual receipt of the payment.
6. Right of withdrawal
The Customer has the right to withdraw from the contract, without giving any reasons, within fourteen days from the day of receipt of the product.
The right of withdrawal must be exercised by the Customer before the expiry of the aforementioned term, under penalty of forfeiture, by registered letter with return receipt to be sent to Bra Gioielli Srl, Corso IV Novembre 2 / A.
The Customer must therefore return the product without undue delay and, in any case, within fourteen days from the date on which he communicated to the Seller his decision to withdraw from the contract.
The direct cost of returning the product is borne entirely by the customer, as well as any liability in case of loss or damage to the product during transport.
The right of withdrawal is not validly exercised if the purchased product has been used, damaged, tampered with or without original parts (i.e. by way of example, there are signs of wear, abrasions, scratches, scratches, deformations, replacement of the mechanism or parts of it, etc ….) or is not complete with all elements and accessories (including labels and tags unaltered and attached to the product), accompanied by packaging, original packaging and, where present, warranty certificate.
The right of withdrawal is also excluded in cases of purchase of products made to measure or personalized or which, by their nature, cannot be returned or which risk deteriorating or expiring rapidly.
7. Refund times and methods
If the right of withdrawal has been validly exercised by the Customer within the terms and in the manner described above and if the verification of the returned product has been successful, the Seller will refund all payments received from the Customer, possibly including delivery costs, within fourteen days from the day on which he received the product, pursuant to and for the purposes of art. 56, third paragraph, Legislative Decree 21 February 2014, n. 21.
Shipping costs and any duties or additional taxes for returning the product to the Seller remain the responsibility of the Customer.
8. Warranty and customer support
The essential characteristics of the products are presented on bragioielli.com within each product sheet, in which it is highlighted whether it is a new or used product (second wrist or regenerated). The images and colors of the products may not correspond to the real ones due to the Internet browser or monitor used.
The Seller warrants to the Customer that the products are free from defects and comply with the description presented on the website; in the case of the sale of watches, the guarantee applies only to the operating mechanism.
Pursuant to and for the purposes of Legislative Decree 206/2005 (Consumer Code), the Seller guarantees the conformity of the product for two years from the date of delivery of the product to the Customer.
The Customer is required, under penalty of forfeiture, to report the lack of conformity to the Seller within two months from the date on which he discovered the defect. The report must be made by registered letter with return receipt sent to Bra Gioielli Srl, Corso IV Novembre 2 / A – Bra (CN).
In case of purchase of a used product (second wrist or regenerated), the Seller guarantees the conformity of the product for one year from the date of delivery. The Customer is charged with reporting the lack of conformity to the Seller, under penalty of forfeiture, within fifteen days from the date of discovery of the defect by registered letter with return receipt sent to Bra Gioielli Srl, Corso IV Novembre 2 / A – Bra (CN).
9. Applicable Laws and Jurisdiction
Each sales contract concluded between the Seller and the Customer pursuant to these general contract conditions is governed by Italian law and in particular by Legislative Decree 6 September 2005, n. 206, with specific reference to the rules on distance contracts and by Legislative Decree 9 April 2003, n. 70 with specific reference to the legislation concerning electronic commerce.
Although not specifically provided for, the rules of the civil code apply in any case as compatible.
Any dispute concerning the sales contract will be referred to the judge of the Customer’s place of residence or domicile, if located in the territory of the State; otherwise, the competence will be devolved, pursuant to art. 28 of the Italian Civil Code, exclusively at the Asti court.
It is specified that these general conditions of sale apply to all purchases of the Products published on the site and made by Consumers, that is, by any natural person acting for purposes not related to any commercial, business or professional activity carried out.
If one or more sales are made to a person who does not qualify as a Consumer (buyers who usually buy with a VAT number), these general conditions of sale will apply, with the exception of the following:
– the buyer is not granted the right of withdrawal pursuant to art. 6 of these general conditions;
– the buyer cannot benefit from the product guarantees pursuant to art. 8 of these general conditions, as the rules on the matter provided for by art. 1490 and ss. cc;
– the additional protections recognized exclusively to the consumer by these general conditions and by the specific legislation reserved to the buyer are not applicable.
– notwithstanding the provisions of art. 9 of these general conditions of sale, any dispute concerning the sales contract is devolved exclusively, pursuant to art. 28 cpc, to the Asti bar.
It is noted that pursuant to art. 13 of Legislative Decree. June 30, 2003, n. 196, for the purpose of proceeding with the registration, the forwarding of the order and therefore the conclusion of the sales contract, some personal data will be requested from the Customer through the site bragioielli.com. The Customer acknowledges that the personal data provided will be registered and used by the Seller in accordance with and in compliance with the legislation referred to in Legislative Decree June 30, 2003, n. 196 to execute each purchase made through the site and for the fulfillment of certain legal provisions, as well as for statistical, commercial, marketing, promotional and credit protection purposes.
The Customer declares and guarantees that the data provided to the Seller during registration and purchase are correct and truthful.
Pursuant to art. 23 of Legislative Decree June 30, 2003 n. 196, the Customer expressly allows their personal data to be entered in the Seller’s database and processed directly or even through third parties, this being necessary for the correct performance of the contractual relationship and for the fulfillment of certain legal provisions, as well as for statistical, commercial, marketing, promotional and credit protection purposes.
Other and further information on the processing of personal data are visible on this site in the Privacy section, whose information will be provided to the Customer at the time of registration or execution of a purchase order.