GENERAL PROVISIONS

TERMS AND CONDITIONS OF SALE

These terms and conditions govern the sales of products on the www.adelchisa.com Site and govern their use.

The Seller reserves the right to periodically modify these Terms and Conditions of Sale and the Privacy Policy, for example following changes in legislation or regulations or in the functions of the Site. The aforementioned changes will be made known to Users through the Site with a specific notice and for a period of 10 (ten) days from the date of the change. The Customer is required to carefully read the Terms and Conditions that have been made available to him on the Site, in order to allow knowledge and storage and reproduction by the Customer pursuant to Article 12, paragraph 3, of Legislative Decree 9 April 2003, n. 70. The contracts concluded with the Seller through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 and subsequent amendments. Below are the Terms and Conditions of Sale applicable to any Product sold on the Site.

ART. 1 DEFINITIONS

For the purposes of this contract, the following definitions shall apply:

Seller: Adelchisa di Nicoletta Cardin, with registered office in Via Pò, 2 – 53018 Sovicille (SI) (P.I. 01564380523), tel. +39 0577 179 4730, e-mail: contact@adelchisa.com.

Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.

Platform or Site: the Site www.adelchisa.com.

Users: any person who accesses the Site and continues to browse.

Customer: any person who purchases the products sold through the Site.

Consumer: the natural person acting for purposes unrelated to professional or entrepreneurial activity.

Products: retail sale, under E-Commerce, mainly of jewelry and fashion accessories.

Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Shopping Cart.

Purchase: the onerous purchase of the above products from the day of conclusion of the purchase.

Shopping cart: the phase of the purchase procedure in which the User formulates his purchase proposal, selecting the methods of payment, delivery of the goods and the like.

ART. 2 OBJECT

These Terms and Conditions of Sale concern the products referred to in art. 3 and are valid between the Seller and any User who makes, as a Consumer pursuant to current regulations, a purchase on the Site. If any of the conditions is found to be null or unenforceable, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.

ART. 3 DESCRIPTION OF PRODUCTS

The Site deals with retail sales, under the E-Commerce regime, mainly of jewelry and fashion accessories.

The information relating to the Products, with the relative product codes, is available on the Site where the Customer will find details of the main characteristics of the individual Products. The Site may not contain all Products that also represent a selection of items normally available in partner stores.

All Products are subject to availability. The seller reserves the right at any time to vary the limits to the quantity and / or type of Products that can be purchased online on the Site. The style, models and colors of the Products described on the Site may be changed without notice. During the transaction procedure, an automatic response will inform the Customer of the time necessary to process the order and / or the possible impossibility of processing the order due to the unavailability of the ordered Product. The products are not customizable. All products offered are described and illustrated on the Site, in their respective sections. The images of the Products on the Site are for demonstration and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product. The photographs of the Products presented on the Site do not therefore constitute a contractual element, as they are merely and symbolically representative of the Product sold. Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if significant.

ART. 4 PRICES AND ANCILLARY COSTS

The prices of the Products are shown in euros and include all applicable taxes or duties. To the prices of the Products must be added the delivery costs shown separately in the order form. The Seller constantly checks that all prices indicated on the Site are correct, without this, however, being able to guarantee the absence of errors. In the event that an error is found regarding the price of a Product, the Seller will give the Customer the opportunity to reconfirm the order of the Products at the correct price or to cancel it. The prices of the online store may vary. In such cases, the prices published at the time of the Order on the online shop are considered.

ART. 5 REGISTRATION

In order to be able to make purchases at the Site, the User can make a specific registration, through which to enter their personal data and choose the methods of sale and use of the Services. The User who wants to register on the Site must provide all the required data and is responsible for the truthfulness and correctness of the same. In the case of registration, at the time of entering the data, the User guarantees to:

  • be of legal age and legally capable;
  • possess the proper requirements for registration required at the time of registration;
  • comply with all legal and contractual provisions applicable to these Terms and Conditions;
  • be the legitimate owner of the data entered, to be considered true, correct and updated.

Registration coincides with the opening of an account.

Upon registration, the User will be asked to provide name, e-mail and a password. The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. It is forbidden to use temporary e-mails for registration. In cases of abuse, the Seller reserves the right not to accept the registration, revoke the same, as well as to provide for the reporting for intervention to the competent Authorities. All data transmitted will be processed in full compliance with the legislation on the protection of privacy. The Seller will use them to complete orders and only if explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.

ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

The User may purchase all the Products offered for sale on the Site, as described in the relevant information sheets, following the purchase procedures provided on the Site itself. At the time of purchase of the Products, the Customer must follow all the instructions contained in the appropriate page of the Site.

For the purchase of the Products, the Customer must complete and send to the Seller the Purchase Order form in electronic format, following all the instructions contained in the appropriate page of the Site. You will find a summary of the main commercial conditions, including price, means of payment and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must put the Product he wishes to purchase in the appropriate “Shopping Cart” and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy, must select the desired payment method and proceed with the payment. The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. The acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the e-mail address communicated. The Seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in case of unavailability of the Products or that involve the delivery of the Products ordered in some disadvantaged geographical areas. The Seller will notify the Customer of any impossibility to accept orders received as soon as possible from the moment the Customer has sent the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an Order by the Seller.

ART. 7 PAYMENT METHODS

The Customer may pay the price of the Products and the related delivery costs by credit card, bank transfer and PayPal.

In particular, the Seller accepts payments made by credit card via web money.

The transaction will be charged to the Customer’s credit card only after:

  1. credit card details have been verified;
  2. the debit authorization has been received from the company issuing the credit card used by the Customer and
  3. the availability of the Product has been confirmed by the Seller and therefore after the order will be ready to be processed.

If the Customer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or creating a new account in an easy and immediate way. PayPal protects the buyer’s information as no financial information is passed. Each transaction made with this method will be sent a confirmation email from PayPal. The amount of the order is debited from the PayPal account at the time the order is acquired. In case of cancellation, the amount is refunded to the Customer’s PayPal account.

In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the purchase process will be automatically canceled and the purchase automatically canceled.

In case of payment by bank transfer, Customers must make the transfer to the bank details indicated in the online store, indicating the reason, order number (including initial letters) communicated by Adelchisa at the time of sending the order by the Customer and in the order confirmation.

ART. 8 SHIPPING AND DELIVERY TIMES OF THE PRODUCT

The order processing times are, except for exceptions, 7 (seven) working days from the time of purchase. The Seller will deliver the Products purchased by specialized carriers, with express service, from Monday to Friday, excluding holidays and national holidays. Products shipped to Italy are delivered approximately within 72 hours of order fulfillment and within 14 working days in disadvantaged areas and islands. Products shipped within the European Union are delivered approximately within 21 working days from shipment. The delivery terms indicated above are purely indicative and not essential. Any variant to the above will be promptly communicated by e-mail to the Customer. The cost of shipments in Italy for orders exceeding certain spending thresholds indicated by the Seller on the site is free, while for orders below the aforementioned spending thresholds, for foreign shipments and for disadvantaged areas the cost will vary according to the type of delivery and the carrier and will be indicated during check out.

In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with Article 61 of the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days from the day following the conclusion of the contract, unless the Seller communicates – within the same term or by the last date agreed for delivery, also by e-mail – the impossibility of delivering the Products ordered as a result of the unavailability, even temporary, of the Products. In the event of such communication, the Seller will refund any sums already paid by the Customer for the payment of the supply. In the event that, in the face of the Seller’s communication of a delay in the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the date of receipt by the Seller of the notice of cancellation of the order except for personalized Products. For security reasons, the Products purchased on the Site will be delivered to the address registered on the credit card, unless otherwise indicated by the Customer and at the time of delivery the signature of the Customer or an adult delegate will be required. No deliveries will be made to PO boxes.

For each order placed on the Site, the Seller issues a receipt of the Products shipped, sending it by e-mail or post to the order holder, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the receipt and / or invoice, the information provided by the Customer at the time of the order shall prevail. No change in the receipt will be possible after the issuance of the same. For the delivery of the Products it is necessary the presence of the Customer or his representative at the address of the recipient indicated in the order. Upon delivery of the Products by the Courier, the Customer is required to check:

  1. that the number of packages delivered corresponds to what is indicated in the transport document (DDT) or indicated in the receipt and / or invoice;
  2. that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials. Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately reported in writing on the Courier’s proof of delivery.

In the event that a product arrives that has been damaged during transport or different from the one ordered, the Customer must carefully document with a photograph the phases of unpacking the goods, so as to be able to demonstrate any damage. The Customer may request the Seller to replace the Seller by email and the Seller will return the correct product unless the product is verified by the Seller. The Customer must prepare the goods for collection carefully packed and complete with all its parts, including transport documents and send the goods to the address entered in Art. 1 – DEFINITIONS. In any case, the Seller will contact you as soon as possible to be informed about the replacement times of the product. In consideration of the place of delivery of the goods, the Products purchased may be subject to import taxes and / or customs duties whose amount may vary depending on the country of destination. It is therefore not possible to predict in any way whether and what costs would be incurred for the customs clearance of the goods purchased. Consequently, any costs related to import taxes and / or customs duties will be borne exclusively by the Customer. In the case of export of goods to countries outside the EU, the relevant customs duties are charged to the Customer. The customs duties due vary depending on the country of destination. The Customer is obliged to inform himself about the relevant regulatory provisions and he bears the relative responsibility. Customs duties are not considered shipping costs and therefore weigh on the Customer.

ART. 9 RIGHT OF WITHDRAWAL

All purchases made by the Consumer Customer at the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return, for any reason, the product purchased and to obtain reimbursement of the expense incurred within 14 days.

To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to notify the Seller of wanting to withdraw in whole or in part from the purchase by e-mail to the following address contact@adelchisa.com and containing:

  1. the manifestation of willingness to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code;
  2. the indication of the products for which the customer wants to exercise the right of withdrawal;
  3. the progressive order number communicated by the Seller at the time of confirmation of the purchase.

The price of the Products purchased online cannot be refunded by partner stores. Within the same term, the Customer must provide, using a shipping method of his choice, for the shipment of the goods reinserted in its original packaging, intact and in perfect condition complete with all its parts, and carefully packed at the Seller’s headquarters. The package must include all documents received. It is advisable to insure the shipment against theft and transport damage. Cash on delivery packages will not be accepted. The only costs required are those related to the return of the product.

Upon receipt of the goods, once the integrity of the returned Product has been verified, no later than 14 days, the Seller will refund the cost of the goods shipped. Expenses incurred for returning the goods are excluded from reimbursement. For purchases made, the refund will be made in the same way as the payment. The risks of transport for the return of the Products are fully borne by the Customer, as well as the costs necessary for the return of the Products subject to withdrawal. It is recommended to send the Products to be returned using a courier, insuring the full amount of the goods, and taking care to receive a shipping number to allow the shipment to be traced. The Seller shall not be liable for reimbursement or compensation relating to Products shipped by the Customer but which have never been received by the Seller due to loss, theft or damage that is not attributable to the same. If the Customer wishes to modify or cancel the order already sent, he must promptly send, and in any case before receipt of the e-mail confirming shipment, an e-mail to the contact@adelchisa.com address. The Seller will do everything in order to satisfy the Customer’s request. However, once the Product has been shipped, the order cannot be cancelled or modified. The Products shipped may however be returned and in this case reference will be made to the discipline on the right of withdrawal described above. Without prejudice to the above, it is finally recalled that the Customer is responsible for the decrease in the value of the Products resulting from a handling of the goods other than that necessary to establish their nature, characteristics and functioning.

The Customer acknowledges and expressly accepts that:

  • The right of withdrawal does not apply to products received more than 15 working days ago (in this case the return of the goods will be refused).
  • The right of withdrawal cannot be exercised in the event that the purchased products have been used, even partially assembled.
  • The right of withdrawal is excluded in case of purchase of personalized products.

ART. 10 WARRANTY IN CASE OF NON-CONFORMITY, ASSISTANCE AND RETURN OF THE PRODUCT

Adelchisa sells its products through the site www.adelchisa.com exclusively to customers who qualify as “final consumer” (ie the natural person acting for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out). Adelchisa will have the right not to take into consideration the purchase proposal coming from subjects who are not final consumers.

The products purchased on the site are covered by a legal guarantee of 24 months pursuant to Legislative Decree d.lgs. 206/2005 and its subsequent amendments. This warranty applies to the product that presents manufacturing defects or, in any case, an alleged non-conformity, provided that the product itself is used correctly, in compliance with its intended use and diligently. In case of receipt of Products that do not comply with the orders or defective, the Customer must notify the Seller by e-mail, accompanying any photographs and details. In order to take advantage of the warranty it is necessary to show purchase documents. This warranty does not cover all the components of the jewel subject to natural deterioration or wear, as well as the discrepancies related to the natural or physical characteristics of the materials used (irregularities, veins, shades of color, chromatic variations of metals, etc.). It should also be noted that silver, by its nature, is subject to the possible appearance of opacity of the surface. It is a natural phenomenon of oxidation that increases especially if in contact with perfumes, salt water, zplfo, creams and with skin having acid PH. For this reason, oxidation is also not a lack of conformity. Loss and theft are also excluded from the warranty, as well as defects due to any accidental events, improper use or tampering, alterations due to wear, repairs not carried out in the laboratories of Adelchisa di Nicoletta Cardin, cleaning or maintenance interventions with the use of unsuitable products, replacement of parts and / or accessories of the jewel not supplied by Adelchisa or failure or negligent maintenance.

In case of lack of conformity of the goods, the consumer has the right:

  • the restoration of conformity,
  • or the proportional reduction in price,
  • or the termination of the contract.

In order to bring goods into conformity, the consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or excessively burdensome for the seller, taking into account:

  • the value of the goods in the absence of the defect,
  • the extent of the defect,
  • the possibility of using the alternative remedy without inconvenience to the consumer.

The consumer shall be entitled to a proportionate price reduction or termination of the contract:

  • if the seller has not repaired or replaced the goods,
  • if a lack of conformity becomes apparent despite an attempt to restore the goods,
  • if the lack of conformity is so serious that it justifies price reduction or termination,
  • if the seller has declared or appears from the circumstances that it will not restore conformity within a reasonable time.

The consumer is not entitled to terminate the contract if the lack of conformity is minor and it is up to the seller to prove this.

The consumer is entitled to a reduction in price proportional to the decrease in value of the goods.

In case of termination of the contract, the same is exercised by means of a direct declaration to the seller. If the lack of conformity concerns only some of the goods delivered, the contract can be terminated limited to them. In the event of termination, the consumer shall:

  • must return the goods to the seller at the seller’s expense,
  • the seller shall reimburse the consumer for the price paid for the goods upon receipt of the goods or evidence provided by the consumer that he has returned or dispatched the goods.

ART. 11 RIGHT OF WITHDRAWAL

Exclusively for purchases made on the site and not at the points of sale, the Customer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 calendar days of delivery (working days) of the product upon presentation of the order confirmation e-mail, by sending a written communication to the address: contact@adelchisa.com. By e-mail Adelchisa will provide all the information for the return procedure. The purchased Product must be returned with the original packaging, or all the elements necessary to identify it with certainty. Only new products can be returned, never worn and in perfect condition. Once the returned Product has been received, Adelchisa will proceed to verify the integrity of the product complete with the aforementioned accessory elements necessary for its exact identification. Once the integrity of the returned Product has been ascertained, adelchisa will refund the price paid for the product within 30 days. The refund, at the sole choice of Adelchisa, can be made by bank transfer. Instead, the costs of returning the Product remain fully borne by the Customer.

The right of withdrawal is totally lost if the returned product is not intact or is damaged.

ART. 12 FORCE MAJEURE

The Seller shall not be liable or liable for any breach or delayed performance of any of its contractual obligations that is caused by events beyond its reasonable control (Force Majeure Event). A Force Majeure Event includes any action, event, non-occurrence, omission or accident beyond the Seller’s reasonable control: strikes, lockouts, epidemics, pandemics, civil insurrections, invasions, terrorist attacks or threats, war, threats of war or preparation for armed conflict, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, inability to use railways, maritime transport, aircraft, motor transport or other means of public or private transport, impossibility of using public or private telecommunications networks; acts, decrees, regulations, regulations or limitations imposed by governments. The fulfillment of any contract by the Seller is considered suspended for the period in which the Force Majeure Event continues and the term for its fulfillment will be extended by the duration of this period, after this period the Parties may decide whether or not to cancel the order.

The Seller is not liable to the Customers for any damages, losses and costs incurred as a result of the failure or delay in execution of the contract, having the Customer only entitled to a refund of the price paid.

The Seller is not liable for damages resulting from disconnections, interruptions of the Site, as well as loss of data resulting from and attributable to the same.

ART. 13 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its content and graphics), the trademark, the domain name, the texts, the videos, the relative subdomains and all intellectual and industrial property rights relating to them, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Customer. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, retransmit on other websites, transfer or otherwise make available to third parties for any reason or otherwise use for purposes other than storage and / or consultation of the Sites and / or the Contents of the Site, without the prior express and formal approval by the Seller.

ART. 14 FAILURE TO EXERCISE A RIGHT

The failure of the Seller to exercise a right does not represent any waiver of action against the Customer or against third parties for the violation of commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.

ART. 15 ADELCHISA’S RIGHT TO MODIFY THESE CONDITIONS OF SALE

The Seller has the right to revise and modify these General Conditions of Sale from time to time in order to reflect changes in market conditions affecting its business, technological changes, changes in payment methods, changes in relevant regulations and legal requirements and changes in the capabilities of its system.

The customer will be subject to the policies and general conditions of sale prevailing at the time he purchases the Products from the Seller, except where a law or governmental authority imposes changes to these policies or to these General Conditions of Sale (in which case they will apply to orders previously placed by the Customer).

ART. 16 PARTIAL INVALIDITY

If any of the clauses present in these General Conditions of Sale is held by a competent authority to be invalid, illegal or unenforceable, to any extent, such term, condition and provisions, which will continue to be valid to the fullest extent permitted by law.

ART. 17 PROCESSING OF PERSONAL DATA (PRIVACY)

The Personal Data provided or acquired will be processed based on principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as Data Controller, processes the Personal Data of Users by adopting appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. The processing is carried out using IT and / or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. The User’s Data is collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract stipulated; for the registration procedure aimed at purchasing the Products; to follow up on the specific requests addressed to the Owner by the User; for sending promotional and commercial information and offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications concerning the Products purchased without the need for the express and prior consent of the User, as required by art. 130, paragraph 4, Privacy Code as amended by Legislative Decree no. 101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to processing where required (Cookie Policy).

ART. 18 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are entirely governed by Italian law.

Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts stipulated online by the Consumer Customer with the Seller will be the exclusive competence of the Court of the judge of the place of residence of the Consumer (so-called consumer court).

ART.19 COMMUNICATIONS

For further information of any kind, you can contact the Seller at the following e-mail address: contact@adelchisa.com, or at the address below:

Adelchisa di Nicoletta Cardin, registered office Via Pò, 2 – 53018 Sovicille (SI).

Pursuant to art. 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and accepted all the clauses of these Terms and Conditions of Sale and in particular those of articles 3, 6, 8, 9, 10, 11 and 12.