Italiano
THE BUYER IS INVITED, BEFORE SENDING THE ORDER, TO CAREFULLY READ THE GENERAL CONDITIONS OF SALE AS INDICATED BELOW AND THE INFORMATION CONTAINED THEREIN AND TO PRINT THEM OR SAVE THEM ON ANOTHER LONG-LASTING MEDIA ACCESSIBLE TO HIM.
Premise
The “Conditions of Sale” below indicate, in clear and easy to understand language, the terms and conditions to be applied to the purchase of consumer goods through the website https://vullogioielli.com (hereinafter Vullo Gioielli ). The User is required to carefully read the Conditions of Sale before placing an online order.
When placing an order through the Vullo Gioielli website, the user is invited to confirm that they have read and accepted the Conditions of Sale; in this way, the User declares to unconditionally accept the conditions and terms specified below.
Capitalized terms used in these Terms of Sale shall have the meaning set forth below in the “Definitions” section of this document. These Conditions of Sale, together with the order confirmation, represent the contract for the supply of consumer goods between Vullo Gioielli and the Buyer, as identified below. No other conditions or terms may apply. The Seller may make changes to these Terms at any time. The Buyer is, therefore, required to accept exclusively the Conditions of Sale in force at the time of the relevant purchase, a copy of which will be sent and/or made accessible to the Buyer at the email address indicated by the Buyer during the registration phase. to the Vullo Gioielli website. The Conditions of Sale are also published on the website https://vullogioielli.com/it/content/3-conditioni-di-vendita in order to allow their knowledge, as well as their storage and reproduction by the Buyer. These premises form an integral and substantial part of the online sales contract between Buyer and Seller.
1. Definitions
1.1. The expression "Online sales contract" means the purchase and sale contract relating to the Seller's tangible movable assets, stipulated between the latter and the Buyer as part of a remote sales system using telematic tools, organized by the Seller.
1.2. The expression "Buyer" means the person who, via the Vullo Gioielli website, makes the purchase referred to in this contract.
1.3. The expression "Seller" means the subject, identified below, who acts in the framework of the commercial activity and offers the goods through the website of which he is the owner and is identified in:
Vullo Gioielli srl, via Roma 127, 92026 - Favara (AG), Italy. VAT number: 02704070842
1.4. The expression "User" means the natural or legal person who has access to the Site (as defined below), also through the registration procedure and creation of an account as provided for in the following art. 3.
1.5. The term "Consumer" means any natural person who makes purchases for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
1.6. The expression "Distance communication techniques" means any means which, without the physical and simultaneous presence of the Seller and the Buyer, can be used to conclude the contract between the said parties.
1.7. The expression “Site” refers to the web page https://vullogioielli.com
2. Object of the contract
2.1 With this contract, respectively, the Seller sells and the Buyer purchases remotely via electronic means the tangible movable goods indicated and offered for sale on the site https://vullogioielli.com
2.2 The products referred to in the previous point are illustrated on the web page https://vullogioielli.com/it/2-home
3. Registration on the Site and exclusive method of stipulating the contract
3.1. Creating an account on the website https://vullogioielli.com is free. This occurs through registration on the Site and implies acceptance of the "Terms of use of the site" available online via the appropriate link located in the footer of the site itself or directly by clicking here.
3.2. If you have already created a personal account, the User will be able to access the services offered by the Site by entering the authentication credentials chosen at the time of registration in the login form.
3.3. To create an account by registering on the Site, the User must fill in a specific form, which will indicate the mandatory and, possibly, optional data, entering: name, surname, address, telephone number, tax code, e-mail address and password ; Once this phase has been completed, the User must click on the "Register" button. At the end of this procedure, the User will receive an email confirming registration. The username and password are necessary to access the purchase operations of the products offered on the Site.
3.4. In order to verify the existence of the minimum age required by law, you are required to enter your tax code. It is up to the Seller, without prejudice to legal obligations, to decide whether or not to proceed with the conclusion of the contract based on the age of the Buyer and the nature of the purchase.
3.5. The creation of an account, in addition to allowing the User to proceed with the purchase of consumer goods via the Vullo Gioielli site, allows you to carry out, among other things, the following activities:
a) saving and modifying your personal data;
b) access to all information relating to orders;
c) management of personal data and their updating at any time;
d) use of dedicated services that may be activated from time to time (e.g. viewing of one's "wish list", etc.).
3.6. The Registered User guarantees that the information provided during the registration procedure is complete, correct and truthful. The User undertakes to hold the Seller harmless and harmless from any damage, compensation obligation and/or sanction deriving from or in any way connected to the violation by the User of the rules on registration on the Site or on the conservation of Registration Credentials. The User is therefore exclusively responsible for accessing the Site using his Registration Credentials and is directly responsible for any damage or prejudice caused to the Seller or third parties by improper use, loss, misappropriation by others or by failure to maintain adequate confidentiality of one's registration credentials. All operations carried out using the Registration Credentials are considered to be carried out by the User to whom they refer.
3.7. By registering on the site, the User agrees to receive communications from the Seller, aimed at the execution of this contract. The User may request at any time not to receive further communications via e-mail while maintaining the possibility of accessing and using the Site.
3.8. The Seller reserves the right to refuse, at its sole discretion, the registration of a User on the Site.
3.9 The Seller reserves the right not to accept orders, from anyone, which are anomalous in relation to the quantity of products purchased, the sales price or the frequency of purchases made on the Site, as well as in relation to the improper or suspected use of vouchers and gift cards.
3.10. The User may cancel their registration at any time by forwarding a specific request by filling out the form on the "contact us" page or by sending a specific communication to the following e-mail address: info@vullogioielli.com
3.11. The contract between the Seller and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address https://vullogioielli.com where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods indicated in point 2.2.
3.12. In compliance with Legislative Decree 9 April 2003, n. 70 regarding electronic commerce, the Seller informs the Buyer that:
a) to conclude the purchase contract for one or more products through the Site, the Buyer must complete an order in electronic format and send it to the Seller, electronically, following the instructions that appear from time to time on the Site;
b) the Seller sends the Buyer a confirmation email with a summary of the order as indicated in point 4.7;
c) before proceeding with the transmission of the order, the Buyer will be able to identify and correct any data entry errors by following the instructions on the Site or by modifying the order;
d) after sending the order, the Buyer will be able to modify it by accessing the "My orders" area of the Site and following the instructions that appear on the Site, until it appears that the order can no longer be modified; without prejudice, in any case, to the right of withdrawal referred to in point 12 below.
3.13. The languages available to the Buyer for the conclusion of the contract are Italian and English. Customer Service is able to communicate indifferently in one of the two languages.
4. Conclusion and effectiveness of the contract
4.1. The offer and sale of products through the Site constitute a distance contract governed by articles. 45 ff. of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
4.2. For the purposes of concluding the contract, the Buyer shall correctly fill out the form attached to the online electronic catalog at https://vullogioielli.com/ordine and subsequently send the form itself online, always after viewing a web page summary of the order, printable, which shows the details of the orderer and the order, with the information sheet of the products, the purchase price, the shipping costs and any further ancillary charges and additional costs, the payment methods and terms, the address where the product will be delivered, the expected delivery times, the invitation to carefully read these Conditions of Sale.
4.3 Once the order summary page is displayed, the User who intends to proceed with the purchase chooses the "Send Order" option. By sending the order form, the Buyer acknowledges and declares to have read all the information provided during the purchase procedure, as well as the further information contained on the Site relating to the Privacy Policy and to fully and unconditionally accept the Conditions of sale.
4.4. The Seller reserves the right to refuse or cancel orders coming from the User.
4.5. The order will be archived in the Seller's database for the time necessary for its execution and, in any case, within the terms of the law; Furthermore, the Buyer will be able to access their order by consulting the "My orders" section of the Site.
4.6. The Seller will notify the Buyer of any inability to accept orders received within 24 (twenty-four) hours starting from the working day following the day on which the Buyer sent the order and will refund any sums already paid for payment. of the products.
4.7. When the Seller receives the order from the Buyer, it sends an email confirming and summarizing the order, which also contains the data referred to in point 4.2.
4.8. The contract is not considered perfected and effective between the parties in the absence of the Seller sending the email referred to in the previous point.
4.9. The Buyer undertakes to verify the correctness of the data contained in the order confirmation email and to communicate any corrections to the Seller within 24 (twenty-four) hours of receiving it. If confirmation of the correctness of the data by the Buyer does not arrive within the indicated deadline, the Seller has the right to cancel the order. Possible additional costs caused by errors in data not reported promptly will be borne by the Buyer.
4.10. The order number, generated by the system and communicated by the Seller in relation to the purchase made, must be used by the Buyer in any subsequent communication with the Seller.
5. Payment methods
5.1. Each payment by the Buyer can only be made using one of the methods indicated in the purchase form and summarized on the "payments" page which can be consulted here. There remains the possibility of being able to make a payment using a method other than those indicated, by sending a request via email to customer service.
5.2. The data exchange relating to information relating to payments takes place on a line protected by a 128bit encryption system highlighted by the padlock at the beginning of the URL of the Site. The Seller guarantees the storage of this information in compliance with the provisions of current legislation on the matter of protection of personal data.
5.3. For transaction security reasons, the Seller reserves the right to request the sending of the details or a copy of an identity document of the holder of the credit card used for the transaction.
5.4. At the same time as sending the order confirmation and summary email, the amount corresponding to the products purchased will be automatically charged to the Buyer only in the case of use of credit cards via the PayPal circuit. If the Buyer chooses to pay by bank transfer, the Buyer is responsible for sending the payment to the Seller no later than 7 days from the order date. In the event that, for any reason, the crediting of the amounts due by the Buyer does not occur within the expected times and methods, the process is automatically interrupted and the sale automatically cancelled.
5.5. The Seller will issue the proforma receipt for the purchase of the products, sending it via e-mail to the order holder within 48 (forty-eight) hours of the order confirmation and summary e-mail or by making it available on the buyer's personal page. For the issuing of the receipt, the information provided by the Buyer will prevail. The receipt will be issued at the time of shipment and will be included in the package containing the purchased products. No change in the data will be possible after the receipt itself has been issued (or the invoice if requested by the Buyer).
5.6. Any refund due to the Buyer will be credited in the ways and times referred to in the following points 14.3, 14.4, 14.5 and 14.6.
6. Delivery times and methods
6.1. The Seller will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of offering the product, as confirmed in the e-mail referred to in point 4.7.
6.2. Shipping and delivery times may vary from the day of the order to a maximum of 2 working days from payment confirmation and are made known to the Buyer at the time of order confirmation. In the event that the Seller is unable to comply with these terms, but, in any case, within that indicated in the following point, or in the event that delivery is delayed or excessively expensive for reasons attributable to the Buyer, it will still be given promptly. notice via email to the Buyer.
6.3. The methods, delivery times and shipping costs are clearly indicated and well highlighted in the order form or by accessing the "My orders" area of the site.
7. Product and pricing information
7.1. Each product is accompanied by an information sheet that illustrates its main characteristics ("Product Sheet").
7.2. The visual representation of the products on the Site, where available, normally corresponds to the photographic image, normally made available by the manufacturer, in digital format accompanying the descriptive sheet. The image has the sole purpose of presenting the products for sale and for this purpose is not representative of its characteristics.
7.3. All sales prices of the products displayed and indicated on the website https://vullogioielli.com/2-home are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c. Other currencies updated at the latest available exchange rate against the euro are available.
7.4. The sales prices referred to in the previous point include VAT and any other taxes.
7.5. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Purchaser submits the order and also contained on the page. web summary of the order placed.
7.6. The prices indicated for each of the goods offered to the public are valid until the moment of purchase as the Seller reserves the right to update the price lists whenever necessary.
8. Product availability
8.1. The Seller ensures the processing and fulfillment of orders without delay via the electronic system used.
8.2. The availability of the products is indicated [in real time] in the "Product Sheet" which also indicates whether they are sold out or in any case not immediately available. If the products are available, the estimated shipping times must also be clearly indicated.
8.3. If an order exceeds the existing quantity in the warehouse, the Seller will inform the Buyer via email whether the product can no longer be booked or what the waiting times are to obtain the chosen product, asking whether he intends to confirm the order or less, with the application in the latter case of the provisions of the following point 8.8.
8.4. The Seller's IT system confirms the registration of the order as quickly as possible (almost always in real time) by sending a confirmation via email to the Buyer.
8.5. In the case of orders concerning a plurality of products (so-called "Multiple Order"), if the unavailability concerns only some of the products covered by the Multiple Order, the Seller will immediately notify the Buyer by e-mail and the latter will be , therefore, entitled to immediately terminate the contract, limited to the product/s that are not available (or have become unavailable).
8.6. In any case, the right to compensation for damages is reserved.
8.7. In the event that the purchase contract relating to the product/s is terminated following the unavailability of the product/s, the return will be made, limited to said product/s, within the terms set out in point 8.8 below. , if it has already been paid, of the amount due in relation to such product/s, including delivery costs, and any other additional costs due in specific relation to such product/s.
8.8. In the event that the Buyer does not confirm the order and the total amount due has already been paid, including any other additional costs, the Seller will refund the total amount due without undue delay and, in any case , within 14 (fourteen) working days from sending the order. The refund amount will be communicated to the Buyer via e-mail.
9. Seller's Responsibilities
9.1. The Seller assumes no responsibility for disservices attributable to force majeure, in the event that he is unable to execute the order within the times established by the contract.
9.2. The Seller cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet or servers outside of its control.
9.3. Furthermore, the Seller will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, without prejudice to the Buyer's right to a full refund of the price paid and any charges supported accessories.
9.4. The Seller assumes no responsibility in the event of any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence, in full compliance with the legislation in force at the time of purchase.
9.5. In no case can the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Seller, except in the case of failure or delayed delivery for reasons attributable to him or in any case independent of the responsibility of the Seller.
10. Legal guarantee of conformity and assistance methods
10.1 What it applies to
All products offered through the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (“Legal Guarantee”).
10.2 What is the lack of conformity
10.2.1 There is a lack of conformity when the purchased product:
a) is not suitable for the use for which goods of the same type are usually used;
b) does not conform to the description made by the Seller and does not possess the qualities of the goods that the Seller presented to the Buyer as a sample or model;
c) does not present the usual qualities and performances of a good of the same type, which the Buyer can reasonably expect, also taking into account the declarations made in the advertising, labeling or product sheet;
d) is not suitable for the particular use desired by the Buyer and which was brought to the attention of the Seller at the time of conclusion of the contract.
10.2.2 Any faults or malfunctions caused by accidental events or the Buyer's responsibility or by use of the product that does not comply with its intended use and/or as provided in the documentation are therefore excluded from the scope of the Legal Guarantee. technique attached to the product and/or, depending on the case, from what is indicated in the "Product Sheet".
10.3. When it applies
10.3.1. The Seller is responsible towards the Buyer for any lack of conformity existing at the time of delivery of the product which manifests itself within two years from the date of delivery.
10.3.2. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within 2 (two) months from the date on which it was discovered.
10.3.3. The report is not necessary if the seller has recognized the existence of the defect or has hidden it.
10.3.4. Unless proven otherwise, it is presumed that the defects of conformity which appear within 6 (six) months of delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of compliance.
10.3.5. In order to take advantage of the Legal Guarantee, the Buyer must therefore first provide proof of purchase and delivery of the product.
10.4. Remedies available to the Buyer
10.4.1. In the event of a lack of conformity duly reported within the terms, the Buyer has the primary right to free repair or replacement of the product, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
10.4.2. The request must be sent in written form, by registered mail with return receipt or by e-mail, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 (seven ) working days from receipt. In the same communication, where the Seller has accepted the Buyer's request, he must indicate the methods of shipping or returning the product as well as the deadline expected for the return or replacement of the defective product.
10.4.3. Secondly, if repair and replacement are impossible or excessively burdensome (pursuant to art. 130, paragraph 4, of the Consumer Code), or the Seller has not repaired or replaced the product within the deadline referred to in the previous point, the Buyer may request a price reduction or termination of the contract. The Buyer may request a price reduction or termination of the contract even if the replacement or repair previously carried out has caused significant inconvenience to the Buyer.
10.4.4. Where the Seller has accepted the Buyer's request, he must indicate the reduction in the proposed price or the methods for returning the defective product. It will be the Buyer's responsibility to indicate the methods for crediting the sums previously paid to the Seller.
10.4.5. The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to alternative remedies that can be experienced, taking into account:
(i) the value that the product would have if there were no lack of conformity;
(ii) the extent of the lack of conformity;
(iii) the possibility that the alternative remedy can be implemented without significant inconvenience for the Buyer.
10.5. What to do in the event of a lack of conformity
10.5.1. In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, develops what could be a lack of conformity, the Buyer can contact Customer Service at the contact details indicated in point 16 below.
10.5.2. The Seller will promptly respond to the communication of the alleged lack of conformity and will indicate to the Buyer the specific procedure to follow, also taking into account the product category to which the product belongs and/or the defect reported.
11. Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the product purchased plus shipping costs (if applicable) within the times and methods indicated in the contract.
11.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract if he has not received a copy of it.
11.3. The information contained in this contract is considered to have been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
12. Right of withdrawal
12.1. The Buyer who plays the role of Consumer has the right to withdraw from the product purchase contract without having to provide any reason and without having to incur costs other than those provided for in point 14 below, within 14 (fourteen) calendar days ( “Withdrawal Period”).
12.2. The “Withdrawal Period” expires 14 (fourteen) days after:
a) in the case of an order relating to a single product, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the product;
b) in the case of a Multiple Order with separate deliveries, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last product;
c) in the case of an order relating to the delivery of a product consisting of multiple lots or pieces, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last lot or piece.
12.3. To exercise the right of withdrawal, the Buyer must inform the Seller, before the expiry of the "Withdrawal Period" of his decision to withdraw. To this end the Buyer can:
a) use the withdrawal form made available to you within the customer area of the Site (“Withdrawal Form”); or
b) submit any other explicit declaration of your decision to withdraw from the contract ("Declaration of Withdrawal"), following the Instructions contained in the "Right of Withdrawal" page, available in the footer of the Site.
12.4. The Buyer has exercised his right of withdrawal within the "Withdrawal Period" if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the "Withdrawal Period". In the event that the Buyer makes use of the "Declaration of Withdrawal", it is advisable to indicate the order number, the product(s) for which he intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the withdrawal period lies with the Buyer, it is in the Buyer's interest to make use of a durable medium when communicating his withdrawal to the Seller.
12.5 The “Typical Withdrawal Form” or the “Withdrawal Declaration” must be sent to the following email address: info@vullogioielli.com. The Buyer, alternatively, can notify the Seller by registered mail with return receipt to the address: Vullo Gioielli srl, via Roma 127, 92026 - Favara (AG).
12.6. Once the desire to exercise the right of withdrawal has been expressed, the Buyer will have to wait for authorization from customer service. Only at this time will the Buyer be able to send the return to the address specified in the previous point. The Seller assumes no responsibility for returned items that are lost or damaged and for which you were not previously authorized to return.
12.7. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.
13. Exclusion of the right of withdrawal
13.1. The Right of Withdrawal is excluded in the cases referred to in the art. 59 of the Consumer Code and in particular in those relating to:
a) the supply of goods whose price is linked to fluctuations in the financial market that the Seller is not able to control and which may occur during the withdrawal period;
b) the supply of goods made to measure or clearly personalized;
c) the supply of goods which risk deteriorating or expiring rapidly;
d) the supply of sealed products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery (for example, cosmetic products);
e) the supply of products which, after delivery, are, by their nature, inseparably mixed with other goods;
f) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 (thirty) days and the actual value of which depends on fluctuations on the market which cannot be controlled by the Seller;
g) the supply of sealed audio or video recordings (for example a DVD or music CD) or sealed computer software which has been opened after delivery;
h) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
i) contracts concluded at a public auction.
13.2. In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be given in the "Product Sheet" and, in any case, during the purchase process, before the Buyer proceeds to transmit the order.
14. Return of the goods and times and methods of reimbursement
14.1. The Buyer who intends to exercise his right of withdrawal must also return the product to the Seller, using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 (fourteen) calendar days from date on which he communicated to the Seller his decision to withdraw. The deadline is respected if the Buyer sends back the product before the expiry of the 14 (fourteen) day period. The product, appropriately packaged, must be sent to the following address: recipient Vullo Gioielli srl, via Roma 127, 92026 Favara (AG). The direct costs of returning the product(s) to the Seller are borne by the Buyer.
14.2. In the case of products which by their nature cannot normally be returned by post, the cost of returning such products via a specific carrier will be indicated in the "Withdrawal Instructions", together with the indication of this carrier. The "Standard Withdrawal Instructions", containing information on the exercise of the right of withdrawal, are made available to the Buyer via the Site before the conclusion of the contract and reported in the order confirmation. The return of the product to the Seller takes place under the responsibility and at the expense of the Buyer.
14.3. If the Buyer withdraws from the contract, the Seller proceeds to refund the total amount due paid by the Buyer for the product, including delivery costs, without undue delay and in any case no later than 14 (fourteen) calendar days from the day in which the Seller was informed of the Buyer's decision to withdraw from the contract.
14.4. The refund will be made using the same payment method used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer will not have to bear any additional costs.
14.5. The Seller may reserve the right to withhold the refund until it has received the goods or until the Buyer has demonstrated that they have sent them back, whichever occurs first.
14.6. The Buyer is responsible for the decrease in the value of the product resulting from its handling other than that necessary to establish its nature, characteristics and functioning. The product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and information sheets, with the labels, where present, still attached to the product, as well as perfectly suitable for its intended use.
15. Causes for termination
15.1. The obligations referred to in point 11.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Seller pursuant to this contract, have an essential character, so that by express agreement, the failure to fulfill even one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
15.2. In the event that the Buyer does not pay the total amount due, the Seller will send him an email in which he will invite him to pay the total amount due within 10 (ten) days, with a warning that, if this period has expired unnecessarily, the contract will be considered resolved by right. The Seller reserves the right to block the purchase functions from the Site by non-compliant users, communicating it in the manner indicated above.
16. Communications and claims
16.1. Le comunicazioni scritte (es. richieste di informazioni) dirette al Venditore, le richieste di assistenza e gli eventuali reclami saranno ritenute validi unicamente ove inviate al seguente indirizzo: Vullo Gioielli srl, via Roma 127, 92026 Favara (AG) ppure inviate tramite e- mail al seguente indirizzo e-mail info@vullogioielli.com oppure telefonicamente (Customer Care) al numero +(39) 0922 437236 durante gli orari di apertura indicati nel footer della pagina principale.
16.2. L'Acquirente indica nel modulo di registrazione la propria residenza o domicilio, il numero telefonico o l'indirizzo di posta elettronica al quale desiderano vengano inviate le comunicazioni del Venditore.
17. Method of archiving the contract
17.1. Pursuant to art. 12 of the legislative decree lgs. 70/2003, the Seller informs the Buyer that each order sent is stored in digital form on the server, according to confidentiality and security criteria.
18. Applicable law and referral
18.1. This contract concluded through the Site is governed by Italian law.
18.2. For anything not expressly provided here, the laws applicable to the relationships and cases provided for in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.
18.3. This is without prejudice to the application to the Consumer Buyer - who does not have his habitual residence in Italy - of any more favorable and mandatory provisions provided for by the law of the country in which he has his habitual residence, in particular in relation to the deadline for the return of the products, the deadline for exercising the right of withdrawal and the methods and formalities for communicating the same, the deadline for returning the products, the guarantees of conformity and the assistance methods.
18.4. The Buyer who resides in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small disputes. entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 200749, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, €2,000.00 (two thousand/00 euros).
19. Settlement of disputes
19.1 All disputes arising from this contract will be referred to a conciliation attempt at the mediation body of the Agrigento Chamber of Commerce and resolved according to the conciliation regulations adopted by the same.
19.2. If the Buyer is a Consumer and if the legal conditions exist, it is also possible to resort to the alternative dispute resolution bodies referred to in the art. 141-ter and 141-decies of the Consumer Code.
19.3. Pursuant to Regulation (EU) 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between consumers and professionals, the so-called procedure is available. ODR (Online Dispute Resolution) which can be initiated by submitting a specific complaint via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
19.4. If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the Purchaser. This forum is mandatory pursuant to art. 33, paragraph 2, letter u) of the Consumer Code, if the Buyer is a Consumer.
20. Intellectual property rights
20.1. All content, in any format, published on the Site, including web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layout, methods, processes, the functions and software that are part of the Site are protected by copyright and by any other intellectual property rights belonging to the Seller and any other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited, without the express written consent of the Seller. The Seller has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents.
20.2. With regard to the use of the Site, the Buyer is authorized only to:
a) view the site https://vullogioielli.com and its contents;
b) carry out all those other temporary acts of reproduction, without any economic significance of their own, which are considered transitory or accessory, an integral and essential part of the very visualization of the site and its contents;
c) all other navigation operations on the Site which are carried out only for legitimate use of the same and its contents.
20.3. The Seller guarantees the authenticity of all products offered for sale on the Site.
20.4. The Seller's logo, as well as the set of figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the Seller's products, on the related accessories and/or packaging, which are the subject of registration or less, are and remain the exclusive property of the Manufacturer. The total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of the Seller is absolutely prohibited. This clause is not applicable to the private use of products purchased through the Site. Any combination between the aforementioned brands and other brands, symbols, logos and more generally any distinctive sign suitable for creating a composite logo is also prohibited.
21. Modification and updating
21.1. These General Conditions of Sale are modified from time to time by the Seller also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Site.
Last updated: July 20, 2022.