GENERAL CONDITIONS OF SALE
Sakrami is a Trademark of the Preziosa di Storri e Okulicz Srl
Sede Legale: Via G. Ferraris, 252/A – 52100 AREZZO (ITALY)
Tel: +39 0575984234
Email: [email protected]
P. IVA: IT02200160519
REGISTRATION NUMBER WITH THE REGISTER OF COMPANIES AND ITS OFFICE OF REGISTRATION AR-169058
Cap. Social: 10.000,00€ int vers.
The terms and expressions listed below have the meaning indicated, it being understood that terms defined in the singular are to be considered defined even in the plural, and vice versa.
Customer: means any person who purchases one or more Products/Services offered through the Online Shop by accepting the present General terms and Conditions.
Parties: means jointly Preziosa di Storri e Okulicz Srl and the Customers.
General conditions of Sale: means the present General Conditions and any possible new future version which may be published in the On-Line Shop, from Preziosa di Storri e Okulicz Srl
The on-line shop: means a virtual shop, managed Preziosa di Storri e Okulicz Srl and accessible at URL https://www.sakrami.com through which you can buy Jewelry in Gold and Silver.
Contracts: means the contracts concluded between Preziosa di Storri e Okulicz Srl and its Customers through the On-Line Shop.
Orders: mean the purchasing orders of the Products placed by the Customers pursuant to the present General Conditions of Sale.
Price: means the price of the Products as indicated in the On-Line Shop in the correspondence of the Products/Services.
Consumer: according to the definition referred to in art. 3 D. Lgs. no. 206/2005 (Consumer Code) is the person who is acting for purposes which are outside his trade, business, craft or profession.
Service: means the service offered in the Online Shop.
Product: means the goods offered in the Online Shop.
Shipping costs: means the amount due for the delivery of the product.
The General Conditions of Sale govern all Contracts concluded between the parties and shall form an integral part.
The General Conditions of Sale of the contract are amended from time to time in consideration of possible regulatory changes. The new General Conditions of Sale shall be effective from the date of publication on the On-Line Shop.
The Price is expressed in € (Euro). The applicable Price is the one published in the On-Line Shop at the time of submission of the Orders from the Customers.
The Price shown is inclusive of the tax of added value (I. V. A.) prescribed for the type of good.
The shopping cart allows you to immediately verify the products selected, with the unit cost of the I. V. A. included. You will be able to decide the quantity to purchase for each type of product, or delete from the cart one or more products that you decided not to want to buy. A series of buttons that allow you to:
* update the cart after you have made changes to or cancellation of the amount;
* individually delete the products;
* return to the home page.
Once filled the shopping cart with the desired products, it is possible to perform the actual purchase and the choice of the form of payment.
CONCLUSION OF CONTRACTS
The contract will be perfected through the following phases:
By sending the Order the Customer will transmit to Preziosa di Storri e Okulicz Srl a proposal to purchase the product or products selected.
The Contracts are concluded between the Parties at the time the Customers receive the Order Confirmation with the assignment of the order number. The Order Confirmation contains a summary of the General Conditions of Sale, information on right of withdrawal, the information concerning the essential characteristics of the product and detailed indication of price, means of payment and the cost of delivery with indication of approximate delivery times.
With the shipment of the Orders the Customers declare to have taken vision of all the instructions relating to the mode of purchase of the product and to have integrally accepted the General Conditions and have read and understood all the information contained on the Online Shop, can also be recalled by link.
Preziosa di Storri e Okulicz Srl reserves the right not to execute purchase orders that do not give sufficient guarantees of solvency or which are incomplete or incorrect, or in case of unavailability of products.
It is understood that the image accompanying the descriptive card of a product may not be fully representative of its features but differ in color shades, sizes, dimensions, products present accessories in figure. The presentation of each product contained in the web site is merely illustrative and does not constitute a certification or warranty on the actual characteristics and performance of the goods sold.
The parties, in all phases of the training and of the conclusion of the contract, must behave in accordance with the general principles of correctness and good faith enshrined in articles. 1175, 1337 and 1375 of the Civil Code.
MODE OF PAYMENT
Preziosa di Storri e Okulicz Srl allows Customers various payment methods listed below:
PAYPAL. For on-line payments Preziosa di Storri e Okulicz Srl also uses the system PAYPAL.
Once you choose this payment method, the Customer will be directed to the secure server of Paypal to which the general conditions of contract should follow.
In any case, Preziosa di Storri e Okulicz Srl may therefore be held responsible for any damage arising to the Customer from the use of services offered by Paypal.
Credit card. The circuits accepted for payments on the site are Visa, Mastercard, American Express via Payment module PAYPAL
Cash on delivery. Choice this mode, the Customer will make the payment directly to the delivery of the product exclusively by means of cash.
DELIVERY OF THE PRODUCTS
The Products are delivered to the address indicated by the Customer.
The Customers or the subjects appointed by the Customers who are the address given for delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that the packaging of the Products is intact, not damaged or otherwise altered.
Any damage to the packaging/packaging of the Products must be immediately claimed by the Customers by the application of a reserve of writing on proof of delivery.
In the case in which the carrier has been chosen by the Client outside of those proposed in the purchase stage, the risk of damage and deterioration of the Products shall pass to the Customer at the time of delivery to the carrier, precluding any dispute about the external characteristics of delivered goods. In this latter case, each complaint will have to be moved directly by the Customer against the carrier.
THE LEGAL GUARANTEE OF CONFORMITY
All marketed products have the legal guarantee of conformity provided for in articles 128 and following of the Consumer Code that covers any defects of conformity of the items purchased, existing at the time of delivery and which becomes apparent within 2 years from the delivery itself. Are excluded from the defects of conformity and, therefore, from the legal warranty any defects or damages caused by accidental events or responsibility of the Customer for use of the products not conforming to its intended use or normal wear. To benefit from this warranty, the Customer must report the defect of conformity within two months from the discovery, on pain of forfeiture with the communication addressed to the headquarters of Preziosa di Storri e Okulicz Srl , indicating accurately the faults and defects found.
The Customer may, at its option, the seller to repair the good or replace it, without costs in both cases, unless the remedy requested is objectively impossible or excessively expensive compared to the other. The Customer may, at its option, an appropriate reduction of price or termination of the contract where repair and replacement are impossible or excessively expensive; the seller has failed to repair or replace the goods within the reasonable period of time as provided for by paragraph 5 of Article 130 of the Consumer Code; the replacement or repair carried out previously caused significant inconvenience to the consumer.
The shipping costs will be calculated automatically and will be indicated separately from the Price of the Product, before sending of the Order by the Customer.
THE RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS
The “Consumer” Customers according to the relevant definition referred to in art. 3 D. Lgs. no. 206/2005, i.e. a person who is acting for purposes which are outside his trade, business, craft or profession - have the right, pursuant to and for the purposes of art. 52 of D. Lgs. no. 206/2005, as amended by D. Lgs. 21/2014 to withdraw from the Contract without giving any reason within 14 days from receipt of the Products.
Are therefore excluded from this right Customers that cannot be qualified as consumer pursuant to the mentioned definition, and, in particular, natural or legal persons acting for purposes related to their own entrepreneurial, commercial, handicraft or professional.
The Right of withdrawal may be exercised by the Customer the Consumer with any explicit statement of the decision to withdraw from the contract, for example, may send communication by mail to the address [email protected]
The Customer must return the products to Preziosa di Storri e Okulicz Srl within 14 days from the date he sent the notice of withdrawal.
The cost of returning the Goods following exercise of the withdrawal right shall be borne by the Customer consumer for the purposes and within the limits referred to in art. 57 D. Lgs. no. 206/2005 and subsequent amendments.
If the right of withdrawal is exercised following the methods and terms indicated in this article, Preziosa di Storri e Okulicz Srl undertakes to reimburse all Payments received from the consumer-Customer in the shortest time possible and in any event within 14 days from the date of receipt of the notice of withdrawal. Unless the Customer expressly states a different mode of refund, Preziosa di Storri e Okulicz Srl will use the same means of payment used by the Customer, without any cost to the latter.
Preziosa di Storri e Okulicz Srl may withhold the reimbursement until it has received the Product or until the Customer has provided proof of having made the return, whichever situation occurs first.
Please note that will be refunded to the consumer Customer all Payments made in favor of Preziosa di Storri e Okulicz Srl including any original shipping costs. As regards the latter, pursuant to art. 56, paragraph 2, D. Lgs. no. 206/2005 and subsequent amendments Preziosa di Storri e Okulicz Srl is not obliged to reimburse additional costs if the consumer has expressly opted for a type of delivery other than the least expensive type of delivery offered by the trader.
Should the Customers not exercise the right of withdrawal in accordance with the procedures and terms referred to in this article, the Customer will not be entitled to a refund of payments made to Preziosa di Storri e Okulicz Srl
The Customer will only be responsible for the decrease in the value of the Product resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product itself.
Except for the exercise of the right of withdrawal in the cases referred to in art. 59 D. Lgs. no.206/2005 and subsequent amendments.
By way of example and not limitation, you indicate the following cases in which it is excluded the right of withdrawal referred to in the aforementioned article:
the supply of goods made to measure or clearly personalized;
the supply of audio or video or computer software on a CD, DVD or other media, which
packs have not been opened or the seals have been removed after the delivery;
the supply of goods which are liable to deteriorate or expire rapidly;
the supply of sealed goods which are not suitable to be returned for reasons of hygiene or related to health protection and were unsealed after delivery.
APPLICABLE LAW AND COMPETENT COURT
The General Conditions and Contracts are governed by Italian law and in the light of this should be interpreted. Each question related to the Contracts will be subject to the Italian jurisdiction. In particular, pursuant to art. 66-bis of the D. lgs. 206/2005 (Consumer Code), which is expressly invoked the provisions contained in Part III, Title III, Chapter I, of the D. lgs. 206/2005.
In the case of Customer “Consumer” for all disputes arising from this contract including those relating to its validity, interpretation, execution and resolution, the territorial jurisdiction is without exception attributed to the Court of the place of residence or domicile of the Consumer.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Preziosa di Storri e Okulicz Srl informs the Customer that a Consumer resident in the European Union and the European Commission has established an online platform that provides a means of alternative dispute resolution. This tool can be used by the european Consumer to resolve on a non-judicial any dispute relating to and/or arising from contracts of sale of goods and services entered into in the network. This platform can be used for the resolution of any dispute arising from the contract entered into. The platform is available at the following link: http://ec.europa.eu/consumers/odr/