TERMS AND CONDITIONS OF USE
These general terms and conditions of sale apply to any order transmitted on the site www.carettacarettajewelry.it. The confirmation of the order by the buyer implies acceptance without reservation of these general terms and conditions of sale, which prevail over all previous or specific versions generated by the buyer, including email exchanges. The following conditions refer to the combined provisions of Legislative Decree No. 50 of 15.1.1992 and Legislative Decree No. 206 of 6.9.2005 (Consumer Code) and subsequent amendments.
1. Definitions
The Consumer/User/Client is understood to be the person who visits the site and/or who purchases goods and services from the supplier "L'Arte Orafa" Di Viscuso Gaetano Walter - Via Nunzio Caudullo 5, Misterbianco (ct) 95045 VAT No. 05212560873 REA CT - 351106, the legal entity that sells goods or services through online sales on the site www.carettacarettajewelry.it (domain registered and owned by "L'Arte Orafa" Di Viscuso Gaetano Walter), that is, the contract concluded exclusively within the framework of the distance communication system commonly known as "internet".
2. Product Characteristics
The essential characteristics of the product subject to this contract are detailed and represented in the online electronic catalog.
3. Sale Price
All sale prices of the products indicated in the online electronic catalog include VAT and any other tax.
4. Delivery Charges
The delivery charges for the goods, unless already included in the price, will be added as indicated from time to time in the order form. Exceptions apply to shipments abroad, where the cost will be calculated and agreed upon from time to time with the customer.
5. Duration of Validity of the Offer and Price
The price of the products is that indicated in the online catalog; any changes or revocations of the offer will be governed by Article 1336 of the Civil Code. The product offers presented on the site are valid within the limits of available stock and are subject to availability from suppliers. The products are presented as accurately as possible. Since it is not possible to guarantee the perfect representation of the products on the website, particularly due to differences in color rendering by internet browsing software and/or display screens, "L'Arte Orafa" Di Viscuso Gaetano Walter cannot be held responsible for inaccuracies in the photographs that appear on the site. Photos and drawings are for illustrative purposes only; prices may change due to transcription errors, discounts, or changes in tax laws.
6. Payment Methods
The Customer can pay for the goods or services as indicated from time to time on the website: by credit card through an external banking circuit to the supplier's organization or by bank transfer in favor of the supplier to the credit institution indicated on the website. Regarding the payment method by credit card, by filling in the appropriate space on the website, the customer authorizes the supplier to use their credit card and to charge the total amount highlighted as the cost of the online purchase to their current account in favor of the supplier. The entire procedure takes place via a secure connection directly linked to the GestPay or PayPal system, online payment service providers, which the supplier cannot access. If payment is made by advance bank transfer, the goods will be sent upon receipt of payment. If the customer delays payment, we reserve the right to charge reminder fees. Choosing this payment method, delivery may be delayed by a few days—a time period that may vary depending on the bank's processing times. In case of using discount vouchers, we invite the customer to check the prerequisites for redemption, such as the minimum order value, the expiration date of the promotion, incompatibility with certain offers, etc.
7. Conclusion of the Contract
With the submission of the order, the contract cannot yet be considered concluded. The customer will receive an order confirmation email, which serves only as informational and does not represent a formal acceptance of the offer in any way. The contract will be deemed concluded after the customer has carried out the following activities:
Filling out the digital form describing their identifying data, selecting the chosen payment method, and the final click to send, which implies acceptance of the sales conditions. The customer undertakes and commits, once the online purchasing procedure is completed, to print and keep these sales conditions, which they have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product subject to the purchase, in order to meet the conditions of Legislative Decree 206/2005. It is prohibited for the buyer to enter false, invented, or fantasy data in the registration procedure necessary to activate the process for the execution of this contract and its related communications; the personal data and email must exclusively belong to the customer and not to third parties, nor be fictitious. The supplier reserves the right to legally pursue any violation and abuse in the interest and for the protection of all consumers. The order sent by the customer will be binding only if the entire ordering procedure has been completed regularly and correctly without any error messages from the site and is accepted when the goods are shipped. "L'Arte Orafa" Di Viscuso Gaetano Walter reserves the right, for economic reasons, not to accept incoming orders without providing any justification. The contract with "L'Arte Orafa" Di Viscuso Gaetano Walter is perfected at the moment when "L'Arte Orafa" Di Viscuso Gaetano Walter accepts the customer's offer by sending the ordered products and confirming this process with a second notification email (order shipped). The purchase contract then becomes valid upon shipment. In some cases, it may be necessary to request more information to process the order, and we reserve the right to refuse an order. The details of your order are electronically stored in the reserved area of the site. The customer elects domicile at the location indicated in the digital form. By entering their phone number, fax number, and email address, the customer consents to the use of these communication systems by the supplier. The contract will not be concluded in the case of purchases made by minors. The customer undertakes and commits, once the online purchasing procedure is completed, to print and keep these General Conditions of Sale, already viewed and accepted during the purchasing process.
8. Delivery Methods of the Goods
Without prejudice to the general maximum limit imposed by Legislative Decree 206/2005, the ordered goods will be delivered to the customer via a private postal service, preferably within seven days from the day following receipt of payment confirmation for the goods, without any delays constituting grounds for withdrawal from the contract or entitling to compensation, except as provided by Legislative Decree 206/2005. The supplier guarantees the availability of the products listed in its online electronic catalog at the time of publication, but cannot guarantee that any reorders of out-of-stock lots can be fulfilled, in which case it will notify the customer and refund the amounts already paid, in the forms and methods provided by Legislative Decree 206/2005 or in agreement with the customer if one or more of the ordered items is not available for partial delivery.
9. Failure to Collect
For delivery, the presence of the customer or their representative at the address indicated in the order is required. If no one collects the goods during the first delivery attempt, the courier will leave a notice for the customer and arrange a second delivery attempt; if the goods are not collected during the second attempt either, the courier will keep the goods in storage at their warehouse for three days. If the customer fails to collect them, the supplier reserves the right to charge additional costs resulting from the customer's negligence regarding the failure to collect the shipment. Furthermore, the supplier may exclude the customer from subsequent purchases or condition the provision of the service on online payment.
10. Right of Ownership
The supplier remains the owner of the goods until payment by the customer is credited to the supplier's account.
11. Liability
The supplier assumes no liability for disruptions due to force majeure such as accidents, explosions, fires, riots, strikes and/or lockouts, earthquakes, floods, damage to computer systems, system failures, and other similar events that prevented, in whole or in part, the execution of the contract within the agreed times. The supplier shall not be liable for any damages, losses, and/or costs incurred as a result of the failure to execute the contract for the above-mentioned reasons, with the customer entitled only to a refund of the price paid. The supplier guarantees compliance with quality standards concerning the products; all responsibility for poor product condition due to improper handling after delivery is excluded. Any disputes related to this contract shall be settled, unless otherwise provided by law, at the competent judicial authority of the place of residence or domicile of the consumer, as required by Law 206 of 6/9/2005 (Consumer Code).
12. Information and Complaints
Any information requests or complaints can be addressed to the supplier by the following means:
- Email: info@carettacarettajewelry.it
- Mail: L'Arte Orafa - Di Viscuso Gaetano Walter, Via Nunzio Caudullo 5, Misterbianco (ct) 95045
13. Right of Withdrawal
As per Article 64 of Legislative Decree 206/2005, the customer has the right to withdraw from the contract within 14 days from the date of delivery of the goods, without needing to provide any justification, by sending a registered letter with acknowledgment of receipt to the address of the supplier within the aforementioned term. The customer must then return the goods within 14 days from the date of withdrawal. The only costs borne by the customer are the direct costs of returning the goods, unless otherwise stated in the sales conditions. The right of withdrawal is excluded in the case of sealed goods that have been opened after delivery. All returned items must be intact, not used, and in the original packaging with labels attached. The supplier will refund the customer the price of the goods minus shipping costs.
14. Guarantees
The supplier is obliged to deliver goods that comply with the contract and guarantees the consumer against defects in compliance with Legislative Decree 206/2005.
15. User Responsibilities
Browsing the site www.carettacarettajewelry.it is the sole responsibility of the users. "L'Arte Orafa" Di Viscuso Gaetano Walter cannot be held responsible for malfunctions, errors, or computer viruses that could hinder access to its site or for malfunctions in the users' computer installations that may occur following access to the site. It cannot at any time be held liable for direct or indirect damages that may be related to the use, access to its site, or the downloading of elements stored on the site (images, texts, files, videos...).
16. Privacy Protection and Cookies
By purchasing on our site or registering with it, you automatically accept our Privacy Policy as detailed in the appropriate section "Privacy". To register and process the orders of buyers and/or respond to information requests from users, "L'Arte Orafa" Di Viscuso Gaetano Walter collects personal data concerning these individuals. They have the right to access, rectify, object to, and delete such data, in accordance with the provisions of the law, whose complete regulation can be viewed in the appropriate section of the site regarding Privacy.
17. Customer Force Majeure
No party shall be held liable for the total or partial non-fulfillment of its obligations if such non-fulfillment is due to chance or the occurrence of an event constituting force majeure such as, in this case and without this list being exhaustive, flooding, fire, storm, lack of raw materials, transport strikes, partial or total strikes, or lockouts. The Customer affected by such events must inform the other party as soon as possible and no later than five (5) working days from the occurrence of such event. The parties agree to negotiate in good faith to determine together the terms for executing the order during the force majeure event.
18. Modification of General Sales Conditions
"L'Arte Orafa" Di Viscuso Gaetano Walter reserves the right to modify these general sales conditions. Any new version will be indicated on the Site. The online version on the Site at the time of the buyer's order will prevail over any other version of these general sales conditions prior.
19. Integrity of the Contract
These general sales conditions and the summary of the order sent to the buyer form a contractual set and constitute the entirety of the contractual relationships that have occurred between the parties.
20. Termination of the Contract and Express Termination Clause
The supplier has the right to terminate the contract by notifying the Customer. In this case, the Customer will only be entitled to the refund of any amount already paid. The obligations assumed by the Customer, as well as the guarantee of the successful payment made by them through the means referred to in Art. 6, are essential in nature, so that by express agreement, the non-fulfillment by the Customer of any of these obligations will result in the automatic termination of the contract under Art. 1456 of the Civil Code, without the need for a judicial pronouncement, without prejudice to the supplier's right to take legal action for compensation for further damages.
21. Order Cancellation Procedures
If the customer decides to cancel an order placed, they must send an email within 24 hours to CONTACT US indicating: "order cancellation n." and providing the personal data already communicated with the order itself, immediately following up the email with a phone call to the number 327 404 0369 since often the order is prepared and shipped within a few hours of receipt.
22. Gift Cards / Discount Codes
On the website, it is possible to purchase and gift Gift Cards called CarettaCaretta Jewelry Card, available in various euro denominations, which can be printed and delivered or sent directly via email to the desired person. By purchasing the gift card, you accept the following GENERAL CONDITIONS OF USE OF THE CarettaCaretta Jewelry CARD:
- The CarettaCaretta Jewelry Card is a prepaid gift card that can be used exclusively for purchasing products available on the website www.carettacarettajewelry.it
- The CarettaCaretta Jewelry Card is available online on the website www.carettacarettajewelry.it, subject to registration for new users, after which, upon purchase, the code for use will be sent directly to the recipient via email. The CarettaCaretta Jewelry Card is available in 4 different denominations (€80, €120, €160, €250)
- The CarettaCaretta Jewelry Card is valid for 6 months (180 days) from the code issuance date (corresponding to the purchase date), after which the CarettaCaretta Jewelry Card is considered expired and no longer valid
- The validity period of the CarettaCaretta Jewelry Card cannot be extended
- If the credit is not used by the expiration date, it will not be refundable
- The Gift Card is not nominal and can be used by anyone in possession of the code provided in the email received at the time of purchase
- The Gift Card is a declining balance card, so it can be used either for a single purchase until the value is fully depleted (if the order value exceeds the Gift Card, e.g., €40 Gift Card for a €50 order, the entire Gift Card will be used in one order) or it can be used for multiple purchases (in this case, a code for the remaining balance will be sent to the email of the person who placed the order, e.g., €50 Gift Card and a €45 order, a voucher for €5 will be sent to the email address of the person who used the Gift Card)
- If the Gift Card value is insufficient for the purchase, the remaining amount must be paid using the payment methods accepted by carettacarettajewelry.it
- The initial or residual value of the Gift Card cannot be refunded or converted into cash
- "L'Arte Orafa" Di Viscuso Gaetano Walter will not be responsible for any loss or theft of the Gift Card, and in case of theft or loss, the Gift Card will neither be replaced nor refunded
- Any complaints regarding the use of the CarettaCaretta Jewelry Card must be sent to "L'Arte Orafa" Di Viscuso Gaetano Walter by registered letter with return receipt to "L'Arte Orafa" Di Viscuso Gaetano Walter - Via Nunzio Caudullo 5, Misterbianco (ct) 95045
- Both the purchase and use of the CarettaCaretta Jewelry Card imply acceptance of these terms of use
- "L'Arte Orafa" Di Viscuso Gaetano Walter reserves the right to block the use of the voucher in case of unusual situations, for example, if there is no objective evidence that such vouchers were actually paid for (e.g., creation through computer fraud)
- These general conditions and the use of the Gift Card are governed exclusively by Italian law. Any disputes arising between the user and the issuer will be subject exclusively to Italian jurisdiction and in particular to the exclusive jurisdiction of the Court of Catania
23. Complaints
Customers wishing to file complaints can send an email via the CONTACT US form or call the number 327 404 0363.
25. Online Mediation Service
In case of disputes regarding the online purchase, it is possible to access the online mediation service.
26. Copyright
All content on the pages of the website www.carettacarettajewelry.it – including photographic material, texts, trademarks, logos, and graphics – is the property of "L'Arte Orafa" Di Viscuso Gaetano Walter and the respective Producers and Distributors and is protected by copyright. Copying and distribution require the written consent of "L'Arte Orafa" Di Viscuso Gaetano Walter.
27. Jurisdiction
Any dispute regarding the application, execution, interpretation, and violation of this contract is subject to Italian jurisdiction. For any dispute between the parties regarding this contract, the Court of Catania will have exclusive jurisdiction, if located in Italy, without prejudice to the applicability of Art. 63 of Legislative Decree 206/05. The Supplier reserves the right to modify the general sales conditions if necessary and therefore invites the Customer to consult them regularly.