Terms of Sale
General Terms and Conditions of Sale
Whereas
This website www.masonicjewels.it (hereinafter the "Website") is owned by Averla lavorazioni orafe di Averla Alessandro e C. S.A.S., with registered office at Via Giovanni Vincenzo Verzellino, 54/R - 17100 Savona (SV), tax code and VAT number 01342010095, registered with the Savona Business Register (hereinafter the "Company"), and is dedicated to the crafting and sale of jewellery products online (hereinafter the "Products"). The Website is designed, developed and managed directly by Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. and allows Users to:
- browse the Products available for purchase through the Website
- benefit from a home delivery service for the Products
- pay the amount due to the Company for the purchase of the selected Products.
The Company, in accordance with its policy of fairness and transparency, invites each user of the Website (hereinafter the "User"), before carrying out any transaction through the Website, to carefully read these general terms and conditions governing the services offered through the Website (hereinafter "General Terms and Conditions"), the "Support" section, any additional conditions listed in the various sections of the Website, the specific conditions governing the use of individual services, including any documents referenced therein or any other notes, legal notices, information or disclaimers published on the Website, which are to be considered an integral and substantial part of these General Terms and Conditions. Should the User not wish to accept these General Terms and Conditions and/or any other notes, legal notices, information or disclaimers published on or referenced in the Website, the User is invited not to use the Website or its related services.
Terms and Conditions of Use of the Website
This document defines and governs the general terms and conditions of use of the Website and the Services provided through it to the User by Averla lavorazioni orafe di Averla Alessandro e C. S.A.S., as identified above. Each User who makes a purchase on the Website is required to print or save an electronic copy of these General Terms and Conditions. The use of the Website by each User is subject to the terms set out in these General Terms and Conditions, even if the User does not use any of the Services or features available therein. In these General Terms and Conditions, in addition to the terms defined elsewhere, the terms listed below shall have the meaning attributed to each of them. In particular: · Website – refers to the website accessible at www.masonicjewels.it, as well as all internet addresses (e.g. URLs, domain names and pages) and/or related application software for accessing the Services that the Company controls or manages and that are used to offer or provide the Services, as well as all mirrors, replacements and backups and all web pages that the sites include. · Company – refers to Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. as identified above. · Service(s) – refers individually or collectively to any service and all associated functions offered on the Website, whether free of charge or for a fee, and offered directly by the Company or by third parties with the contribution of the Company. The term Services includes, unless otherwise specified, all services, including paid services, and functions made available to Users through the Website. · User – refers to the Visitor, Registered, Occasional or Subscriber User and in general anyone who uses or is about to use or access the Services or the Website. · Visitor User – refers to the User who browses the Website and/or uses the features and/or Services made available to all Users without registering on the Website or subscribing to any Service. · Registered User – refers to the User who registers on the Website by providing their personal data to gain access to the Product supply Service. · Occasional User – refers to the Registered User who activates the Occasional Service under the conditions indicated below. · Subscriber User – refers to the Registered User who activates the Subscription Service under the conditions indicated below. · Products – the Products sold by the Company through the Website to Users. · Carrier – a transport company or self-employed professional responsible for transporting the Products from the Producer to the User.
Pre-contractual Information
In accordance with Legislative Decree No. 70 of 9 April 2003 containing provisions on electronic commerce, Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. informs that · in order to conclude a purchase contract for one or more Services on the Website, the User will be required to complete an order form in electronic format and submit it to Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. electronically, following the instructions that will appear on the Website and that will be present during the various stages of purchase · the contract shall be deemed concluded when Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. registers the order form completed by the User, after verifying the correctness of the order data and when the User has received confirmation at the email address provided at the time of Registration · the User will have the opportunity to identify and correct any data entry errors before submitting the order form by following the instructions shown on the Website from time to time and that will be present during the various stages of purchase. Following registration of the order, Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. shall be required to send the User, at the email address indicated by the User, a confirmation notification containing a summary of the Service purchased, a precise indication of the price, the chosen payment method, shipping costs and any additional costs, and the procedures for exercising the right of withdrawal · the order form will be stored in the Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. database in accordance with legal requirements for the time necessary to process the Order.
Amendments to the General Terms and Conditions of Sale and Use of the Website
The Company reserves the right to update, supplement and modify in whole or in part the terms of these General Terms and Conditions and each of the documents referenced herein, the Privacy Policy, the Services and related content, including, by way of example and not limitation, the fees for the use of the Services. The User undertakes to periodically review them, it being understood that the Company will do what is reasonably necessary and appropriate to bring to the User's attention, in the manner deemed most effective, any changes to these General Terms and Conditions and/or the Services, as indicated below. Amendments to these General Terms and Conditions shall be effective from the moment of publication on the Website and shall apply only to sales concluded thereafter. The Company will inform Registered Users of any amendments to these General Terms and Conditions, or to the features/limitations of the Services and/or to their costs, by means of a specific communication sent to the User's email address provided at the time of registration on the Website and/or subsequently. Amendments and updates shall be deemed accepted by Users by connecting to or using the Website after the amendment has been published on the Website. Should the User not agree with the amendments made, the User is invited not to use the Website and, if a Registered User, may withdraw from the contract and proceed to delete their account in the "My Profile" section of the Website by clicking on "Delete profile".
Age and Residence
The Website and the Services offered through it are intended for Users residing in European Territory, excluding Livigno, San Marino and Vatican City State, who have reached 18 (eighteen) years of age. The Service is provided automatically by computerised systems. The User who intends to register or subscribe to the Services by completing Registration and subsequently selecting the Services guarantees that they are of legal age and that the personal data provided is truthful, correct, up-to-date, relating to the person entering it or entered with the informed consent of the data subject, assuming full responsibility for the correctness and truthfulness of the information provided. Should there be any changes to the data provided by Users, it shall be the responsibility of the Users to inform the Company of any updates as soon as possible.
Registration on the Website
Browsing certain sections of the Website and accessing certain Services (such as, by way of example: receiving newsletters and consulting the periodic Product sales offers) offered through the Website are accessible free of charge also to Visitor Users. In order to fully and completely access the Services offered by the Website, registration on the Website is required.
Website Registration Procedure
In order to access the Product purchase Service, the User is required to register by providing certain personal information (hereinafter "Registration"), indicating a valid personal email address and creating their own account (hereinafter the "Profile"), following the relevant procedure illustrated at the time of Registration, to enable the Company to have a sufficient purchase profile to provide the aforementioned Services. Access to the Product purchase service is permitted only by using the username and password chosen during Registration. The Registered User may at any time access their Profile to update or modify the data entered, including information relating to their preferences. It is understood that the Registered User shall be solely responsible for the truthfulness and updating of such information. Should the Registered User not complete the payment procedure after providing the email address and/or other data required for Registration, the User may receive a limited number of communications inviting them to complete the registration process and describing the service for which the registration procedure was initiated, without prejudice to the User's right to withdraw from the contract and to be removed from the Website by writing to info@masonicjewels.it with the subject line "Cancellation request".
The Registered User undertakes to provide a personal email address, which they guarantee to legitimately possess and which they access regularly. The Registered User also undertakes to promptly update their email address registered on the Account in the event of any change. Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. also reserves the right to delete accounts where it has reason to believe that the email addresses provided are not valid or are potentially fraudulent.
Profile Deletion
At any time, Users may delete their Profile by accessing the "Profile" section of the Website, clicking on "Account" and then on "Delete Account".
Product Purchase Procedure
In order to proceed with the purchase of Products, the User must select the items of interest from those available on the Website, add them to the Cart, choose the preferred delivery date and submit the order to the Company. Only Registered Users may proceed with the purchase. Once the product selection and Cart insertion procedure is completed, the Visitor User is invited, in order to complete the purchase, alternatively: (i) if not yet registered, to register on the Website by providing the required data, including a valid personal email address; or (ii) if already registered on the Website, to log in by entering their access credentials. Once registered, the User may proceed to submit the order by entering the required data, after carefully reading and accepting these General Terms and Conditions and the Privacy Policy. Occasional Service: the Registered User may make individual purchases by selecting the Products they wish to receive from time to time. To complete the order, the Occasional User must confirm their shipping and any billing data in the "Addresses" section, choose the delivery date and proceed with payment using one of the available methods. By activating the Occasional Service, the User a) guarantees the availability of the sum necessary for payment of the Products ordered through the Occasional Service b) expressly authorises the Company or third parties authorised by it to store the credit card identifier on their systems in order to allow the Occasional User to repurchase Services with facilitated procedures c) expressly authorises the Company to make the receipt or invoice (in the case of a purchase made by a VAT holder) for the Occasional Service available on the personal profile ("Invoice history" section) where the electronic document will be available for download.
Order Acceptance and Confirmation
The order sent by the User shall be binding on the Company only if the entire order procedure has been completed properly and correctly without any error messages being displayed by the Website. Following acceptance of the order, the Registered User will receive confirmation by email and will view in their "Profile" the order placed and confirmed with a summary of the Products ordered, the relevant prices and the delivery date. The User acknowledges and accepts that occasionally not all Products indicated in the order sent and accepted by the Company may be delivered. In such cases, the Company will promptly refund the amounts relating to the Products ordered and not delivered. The Customer's right of withdrawal, to be exercised in the forms and within the terms set out in Article 12 below, remains in any case reserved. Where requested by the User, for each order placed Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. will issue a specific electronic invoice relating to the Products purchased, which will be sent to the Registered User by email (pursuant to and for the purposes of Articles 14 of Presidential Decree 445/00 and Legislative Decree 52/2004).
User Obligations
The User undertakes not to use the Website or related Services for illegal purposes or purposes not contemplated in these General Terms and Conditions. The User may not use the Website or related Services in a manner that damages or otherwise prejudices the Website or interferes with the use and enjoyment of the Website and related Services by other Users. The Registered User is required to keep their Account access credentials confidential and is responsible for any use of the Website made by anyone who accesses it using their credentials. The Registered User undertakes in any case to (i) not use machines, algorithms, software or other automatic functions to generate page views or materials, (ii) not generate page views through "chain letters", emails or other means whereby a person or group of persons is asked to view a page (iii) notify the Company immediately in the event of a suspected security breach of their Account.
Service Deactivation and Cancellation
Should the Registered User wish to delete their profile, they must access their Account ("My Profile" section of the Website) and select the appropriate option "Unsubscribe from service", following the relevant procedure illustrated.
Termination and Cessation of Services
The Company reserves the right to notify the User of the prohibition to access and use the Website and the Services, or part thereof, at any time and with immediate effect, in the event of a breach by the User of the obligations incumbent upon them pursuant to the preceding Articles 8 (Product Purchase Procedure) and 14 (User Obligations). Access to the Website may also be temporarily interrupted in the event of technical problems or to ensure maintenance. Such interruptions will be communicated on the Website where possible. At any time, the Company may make improvements and/or changes to the Website and the Services where this becomes necessary for technical reasons or in order to comply with current legislation. The Company also reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice in order to allow Registered Users to receive orders already submitted. In such cases, the Company will promptly notify Registered Users by email and, Users in general, by notice on the Website.
Intellectual Property
All trademarks, names, as well as any distinctive signs, denominations, images, photographs, written or graphic texts used on the Website or relating to the Products may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.
Limitation of Liability
The Company undertakes to implement the quality standards relating to the Products exclusively until the time of delivery to the location indicated by the User; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorised by the User is excluded. The Company declines any responsibility for information, data and any technical or other inaccuracies that may be contained on the Website. Any complaints relating to the performance of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours following delivery by writing to info@averla.it or through the "Contact us" section, documenting the complaint also with photographic material. The Company shall not be liable for any damage arising from the inaccessibility of the Services due to problems related to the network, providers or telephone and/or telematic connections over which it has no control, or the failure and/or defective functioning of the User's electronic equipment. The Company assumes no responsibility for content created or published on third-party sites with which the Website has a hyperlink ("link"). The User who decides to visit a website linked to the Website does so at their own risk, assuming the burden of taking all necessary measures against viruses or other malware.
Disputes – Competent Court
These General Terms and Conditions and any purchase made by the Customer on the Website are governed by Italian Law, with the express exclusion of the 1980 Vienna Convention on Contracts for the International Sale of Goods ("CISG"). For any dispute relating to the application, execution, interpretation and breach of these General Terms and Conditions, the competent Court is Cuneo (CN - Italy). The Customer nevertheless has the right to refer to a dispute resolution or mediation body for any disputes that may arise in relation to these General Terms and Conditions and any purchase or transaction carried out on the Website in order to seek an alternative resolution of such disputes. For more information on this option, the Customer may contact the Company on the "Contacts" page.