Art.1: OBJECT OF THE CONTRACT OF SALE AND ITS DEFINITION
1.1 These general terms and conditions, available for the customer for any, duplication and storage within the meaning of the art.12 D. Lgs. 70/2003, deals with the purchase of products from www.perlinebijoux.com, owned by Le Perline.it Srl - V.le S.Pertini 4 - 04012 Cisterna di Latina (LT) - C.F./P.I.: 02745970596 hereinafter called "Perlinebijoux".
1.2 On-line contract refers to the distance contract, that is the legal transaction concerning goods and/or services concluded between a supplier, Perlinebijoux, and a cunsomer clienti within a system of organized distance sales from supplier management, which works by telematic means exclusively.
1.3 Consumer is the person who buy goods and services for purposes not directly related to their professional activity.
1.4 Professional is any natural or legal person who buy goods and services for professional purposes.
Art.2: ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
2.1 These sale conditions are effective and could be changed by Perlinebijoux at any time in the future. Any changes will be published on the website. The conditions in the preamble hereby constitutes integral and substantial part of this contract.
2.2 Consumers/Professionals will conclude every contract within our website on www.perlinebijoux.com by following the instructions online carefully.
2.3 Terms and Conditions must be examined online befor placing any order. If confimed, the consumer fully agree and undertakes the present general conditions.
2.4 The consumer or professional user, by sending electronic confirmation of the purchase order, automatically accepts and binds himself to observe the general conditions and terms of payments stated in the relationship with Perlinebijoux. Moreover, he declaires that he has read and accepted the indications supplied in accordance with the aforesaid regulations, .aknowuledging that Perlinebijoux does not consider itself bound by other conditions if not mutually determined in wrinting previously.
Art.3: PRICES AND CONDITIONS OF PURCHASE
3.2 For purchasers other than final consumers instead, orders*** are expressly stated to binding and irrevocable for a period of 30 days from the date of the order
3.3 In any case, the total cost of the shipment is charged to the customer, with certain exceptions or derogations which will be specifically declared on our website. However, the cost will be shown before the confirmation of purchase.
3.5 Customers are able to pay using the methods shown in the checkout online.
3.6 Shipping cost depends on: the size and weight of the parcel, the destination country and optional delivery services on request (insurance, etc.)
3.7 Shipping rates for countries outiside Italy are clearly shown in the checkout before the confirmation of the order.
3.8 With reference to sub 3.2, the receipt of the order does not bind Perlinebijoux until it accepts expressely the order or sends the goods.
3.9 Customer gives Perlinebijoux the faculty to confirm any order fully or partially, allowing it to ship directly the goods within the limits stated by the supplier. The contract of sale shall be complete only when the seller sends the goods.
Art.4: DELIVERY TERMS
4.1 Perlinebijoux will provide to deliver to the costumer address the ordered products, with the in the manner provided for the preceding article, by courier.
4.2 If the payment is made by credit card, the delivery address must be that of the card owner, as claimed by the supplier.
4.3 The timing of delivery will never exceed that provided by art.6 Dlgs 185/1999. No resposibility can be attribuited to the supplier for late or non delivery due majeure or unforesseeable circumstances.
4.4 When receiving the parcel, the customer must check the conformity of the goods. Only after this check, and unless the right of withdrawal (Art.8), the Customer must sign the documents received.
The right of withdrawal can not be applied to products customised or assembled specifically for the customers.
4.5 Perlinebijoux wont' be responsible for damages or delays caused by the courier, as we play no part whatsover in the relationship between the courier and customer.
Art. 5: AVAILABILITY OF PRODUCTS
5.1 The customer may purchase the items in the electronic catalog of Perlinebijoux in the existing quantity or availability in stock.
5.2 Perlinebijoux does not guarantee constant availability of products under this conditions. However, in case of unavailability of products already paid, It will rapidly inform the customer and provide a refund within 30 days.
5.3 In any case, Perlinebijoux hase the faculty to confirm and/or change the price of the product. In this case the customer can withdraw the order before the delivery if the last price is excessively higher than the original one.
6.1 Perlinebijoux wont' be responsible for problems due to force majeure and/or unforeseeable circumstances such as accidents, explosions, strikes or lock, heartquakes, floods and other events which could prevent, in whole or in part, to implement the time agreed to the contract.
6.2 Perlinebijoux won't be liable to any party for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, the customer has the right to get the price paid.
6.3 Perlinebijoux won't be responsible for any fraudulent or illegal use that may be made by any third party, credit card, and other means of payment, during transmission upon payment of the products purchased. Perlinebijoux, in fact, at no time during the purchase is able to know the number of credit card of which, by opening a secure connection, is transmitted directly to the bank's page that provides the payment service.
6.4 Perlinebijoux is not able to know the data provided to the payment servive provider because when the customer choose a specific method, it is directly transmitted to the provider though a secure connection system.
Art.7: BUYER'S OBLIGATIONS
7.1 The consumer agrees and undertakes to preserve the present general conditions, which, however, has already seen and accepted, and the specific features of the product being purchased, in order to fully satisfy the conditions laid down in Articles 3 and 4 of D.lgs N.85/1999.
7.2 The present general Terms may be modified and/or updated in any momento by Perlinebijoux, which will communicate the changes through the pages of the website. The Customer undertakes and agrees to print and storage them.
7.3 It is strictly forbidden for the customer to enter false and/or invented and/ r fantasy, on the order form is necessary for activating the process for the execution of this contract and the further communication; personal data and e-mail address must be the only real data and not some other person, or fantasy.
7.4 It is expressly forbidden to enter multiple records corresponding to the same person or insert dara of third persons.Perlinebijoux reserves the right to prosecute any violation or abuse for the protection of all consumers.
7.5 The customer indemnifies Perlinebijoux from any responsibility deriving from the issue of incorrect fiscal documents provided by the customer, having himself the sole responsibility for the proper insertion.
Art.8: RIGHT OF WITHDRAWAL
8.1 Under the D.L. 206/2005 the Customer may exercise the right of withdrawal (except from goods which were sold or supplied as special order) returning the products he received in its original package, with no signs of interference or opening and/or deterioration of the outer packaging, and obtaining a refund of the price paid.
8.2 Customer who, for whatever reason is not satisfied with the purchase, hase the right to terminate the contract without any penalty and without specifying the reason thereof, within 14 working days from receipt of the goods. The right of withdrawal can be exercised unless the product have been used.
8.3 All costs of returning are charged to the customer, who, through his courier, wil provide to send back the products to the Seller address.. All products must be returned at the original condition, with the packages and possible booklets included. Other methods of return are not allowed.
8.4To exercise the right of withdrawal, the customer must send a registered letter with return receipt, within the abome mentioned limit, to Le Perline.it Srl - V.le S.Pertini 4 - 04012 Cisterna di Latina (LT) - C.F./P.I.: 02745970596. Within the same limit can be also sent a fax (0773.414061) wich must be followed, within 48 hours, by the registered letterer with return receipt to confirm the intent of withdrawal.
8.5 Perlinebijoux accepts the returned products reserving to examine that the products have been sent back in original contition with the original package. Only in this case it will send a refund of the total amount of the products.
8.6 Shipping costs incurred to deliver the goods to the customer and for the eventual return to Perlinebijoux are not refundable.
8.7 The Customer exercises the right of asking for the refund of the returned items within 14 (fourteen) working days, as stated in D.L.206/2005
9.1 By signing an order form online, the customer authorizes Perlinebijoux to use their credit card or other cards issued in replacement thereof, and to debit your bank account in favor of Perlinebijoux, the total amount indicated as the cost purchase made at a distance. The whole process is carried out through secure link, directly connected to the banking institute who is the owner and managing of the payment service, to which Perlinebijoux has not access.
9.2 If the customer exercises the right of withdrawal, as stated in Art.9 of this Conditions, or the successful completion of the sale do not follow the payment, the amount will be credited to the same credit card directly.
Art.10: CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
10.1 Perlinebijoux has the faculty to terminate the contract by giving simple communication to the customer indicating the reason. In this case the Client shall only be entitled to the refund of the amount already paid.
10.2 The obligations assume by the custome in art. 8 (Buyer's obligations), as well as guarantee for completion of payment, have essential character, so that for by express agreement, the failure by the Customer, only one of these obligations will lead to termination of the contract under article ex art. 1456 c.c., without necessity of judicial decision, without prejudice to the right Perlinebijoux to sue for damages.
Art. 11: PRIVACY
11.1 Personal data is collected for the purpose of registering the customer and provide him with the procedures for the execution of this contract and the necessary communications, these data are processed electronically in accordance with the laws and can be produced only at the request of judicial authorities or other authorities permitted by law.
11.2 Personal data will be communicated to delegated subjects to carry out activities necessary for the execution of the contract and used exclusively for that purpose.
11.3 The party enjoys the rights under Art .13 D.P.R. n.196 30 June 2003, namely: to seek confirmation of the existence at Perlinebijoux of their personal data, to know their origin, logic and purpose of their treatment, to obtain the updating, rectification and integration, to request cancellation, transformation into anonymous form or block in the event of unlawful processing and to oppose their processing for legitimate reasons or in case of using data to send advertising material, commercial information, market research, direct marketing and interactive marketing communications.
11.5 Owner and responsible for the collection and processing of personal data is Le Perline.it Srl - V.le S.Pertini 4 - 04012 Cisterna di Latina (LT) - C.F./P.I.: 02745970596
11.6 Perlinebijoux informs Customers that a particular risk of breach of the security of the network may be not excluded. Due to the nature of medium, this risk may exist outside the minimum safety misures that the supplier has to take in accordance with the current regulations.
12.1 Any dispute regarding the application, execution, and breach of contract of sale concluded at a distance through the catalog is subject to Italian jurisdiction, these general conditions are reported, although not expressly provided herein, in conjunction with the Dlgs. No.50 of 15.1.1992 and D.Lgs. No. 185 of 22.5.1999.
12.2 Any dispute between the parties relating to this contract shall be the competent court in whose district the consumer's domicile if situated in the territory of the Italian State; for all other customers it is agreed that any dispute shall be the sole responsibility of the Court of Latina .