General terms and conditions of sale
Art. 1 Definitions
- These general terms and conditions, available to the consumer for reproduction and storage pursuant to art. 12 of Legislative Decree 70/2003, concern the purchase of products, carried out remotely, by means of a telematic network, through the e-commerce platform www.overjewels.com, belonging to Prodes Italia S.r.l. Unipersonale - VAT number 09808810965 in the person of its administrator, with registered office in via Via Sansovino, 6 - 20133 - Milan - Italy, hereinafter Prodes Italia.
- By online sales contract we mean the distance contract, that is the legal transaction, concerning movable goods and/or services stipulated between a supplier, in this case Prodes Italia and/or the Advertisers, and a final consumer, customer or other professional users in the context of a distance sales system organized by Prodes Italia which, for this contract, uses only the distance communication technology known as the Internet.
- The categories of users of the Website are divided into Advertiser and User. The Advertiser is the person or company, who decides to register on the Website to take advantage of visibility and/or sales services, whether they are free or paid. The User, whether Consumer or User, is the person or company, who browses the pages of the Website, without necessarily registering and who can use the free services that the Website makes available and/or can purchase the products/services offered for sale by Advertisers.
- By consumer we mean the natural person, who purchases goods and services for purposes not directly or indirectly related to their professional activity.
- By professional user we mean the natural or legal person, who purchases goods and services for purposes directly or indirectly related to their professional activity.
- By product (s) we mean the products presented on www.overjewels.com, made available by various suppliers and entrepreneurs, in collaboration with Prodes Italia.
- By www.overjewels.com we mean the e-commerce platform through which Prodes Italia carries out the distance selling of the products offered.
- The following conditions are to be considered valid whether a product is sold directly by Prodes Italia or whether the sale is made by Advertisers, who sell their products and services on www.overjewels.com. This means that in the following conditions, for simplicity, reference could only be made to Prodes Italia; also in this case, the conditions are always to be considered valid for Prodes Italia and for Advertise.
Art. 2 Scope of application
- These general terms and conditions of sale apply to users, who fall within the definition of ‘consumers’, pursuant to Legislative Decree 206/2005, who make purchases through the e-commerce www.overjewels.com, allocating the purchased product exclusively for private use.
- These general terms and conditions of sale are also applied to users, who make purchases through e-commerce www.overjewels.com, as part of their professional activity.
Art. 3 Acceptance of the general terms and conditions of sale
- These general terms and conditions of sale are valid from the day of publication on the e-commerce platform www.overjewels.com and may be updated, integrated or modified at any time, becoming effective for the future.
- Any changes made to these general terms and conditions of sale will be duly reported on www.overjewels.com.
- The user, consumer or professional user, by accessing the e-commerce platform www.overjewels.com, may conclude the contract for the purchase of the desired product, following the instructions and procedures required for completing the order and finalizing the purchase.
- These general terms and conditions of sale must be carefully examined by the user before completing the purchase procedure. The forwarding of the order and the consequent advance payment assume a full knowledge of the conditions and their full acceptance.
- Prodes Italia will not consider itself bound to different conditions, unless previously agreed in writing.
Art. 4 Object of the contract and of the service
- Thanks to the partnership with the manufacturing companies of the sector, Prodes Italia, through www.overjewels.com, offers a service of display and sale of products/services.
- Prodes Italia acts as an intermediary between the manufacturing companies and the users, exhibiting their products and promoting their sale.
- The object of the contract is therefore the sale
Art. 5 Conclusion of the contract
- These conditions of sale constitute an OFFER TO THE PUBLIC.
Therefore, for the conclusion of the contract, ACCEPTANCE by the user is required, with subsequent order confirmation email, by Prodes Italia.
- Acceptance is shown by following the instructions on the screen, exactly completing all sections and signing up, then by selecting the words ‘Acceptance of Conditions of Sale and Privacy Law’.
- For professionals, orders are expressly declared irrevocable during the entire time foreseen for delivery and, in any case, for 30 days from the date of the order.
- The receipt of the order does not bind Prodes Itali S.r.l., until they or the Advertiser have fulfilled the order with written communication or with conclusive behaviour, that is, with the shipment of the goods.
- Based on availability, Prodes Italia and/or the Advertisers have the right to accept, even partially, or to reject the order received.
In this case the contract will be considered concluded in relation to the confirmed goods only.
- Prodes Italia will keep a copy of the orders received and the acknowledgements sent for a reasonable period of time, in compliance with the Applicable Law.
The aforementioned documentation will be stored on the Prodes Italia data server and will be accessible to personnel, who need to consult it in relation to their duties, for the correct execution of the contractual conditions.
The documentation will also be accessible to third parties for the sole purpose of implementing the conditions, in addition to those entitled to access under the Applicable Law, in compliance with the rules protecting privacy.
Art. 6 Sale prices and shipping costs
- Shipping costs and any customs duties and taxes are always borne by the User/customer, regardless of whether it is the final consumer or professional.
- Shipping costs are always determined by the Advertisers, who exhibit on www.overjewels.com.
In case of purchase of multiple products, coming from different Advertisers, the shipping costs of each will be added together.
- The total amount of the shipping costs will be communicated to the user before order confirmation.
- Shipping costs refer to weight, bulk, delivery destination and/or any other services required (insurance, delivery times, change of destination address, etc.).
- In relation to the price of the product, Prodes Italia reserves the right to communicate any errors contained in the product sheet or variations, before confirming the order.
- In this case Prodes Italia will promptly inform the User, by sending a specific communication, thus guaranteeing the right to cancel the order.
- If the User decides to process the order, the modified price will be considered accepted.
- Prodes Italia reserves the right to verify the regularity of advance payments, made by credit card, debit card and bank transfer, before final confirmation of the order.
- In the event of non-payment, Prodes Italia may immediately declare all sums due to be liquid and payable to obtain payment of the prices of the products.
Art. 7 Methods of payment
- Payments can be made in the following ways:
- Credit cards
- Pay Pal
- Bank transfer
Art. 8 Delivery / receipt of the product
- The order will be delivered to the address indicated, in the manner provided for in these general terms and conditions.
- In case of credit card payment, delivery must take place at the home of the cardholder.
- The purchased goods will be delivered within the terms provided for by Legislative Decree 206/2005 (30 days). No responsibility can be attributed to Prodes Italia, for delayed or non-delivery, attributable to force majeure or unforeseeable circumstances or the carrier's responsibility. The user / customer can choose another carrier, it being understood that the transport will take place at their own risk, care and expense.
- Upon receipt, the user is required to verify the conformity of the product delivered to him with respect to the order placed.
Only after this verification, and without prejudice to the right of withdrawal, the user shall sign the delivery documents.
The unreserved acceptance extinguishes any liability of Prodes Italia and the Advertisers in relation to any defects.
- Prodes Italia recommends carrying out an accurate verification of the conformity and integrity of the product, taking into account any type of anomaly that it may present at the time of delivery.
- If the product should be damaged, adulterated or modified, Prodes Italia invites the user to report the damage immediately by contacting the advertiser directly by sending the appropriate contact form in the Advertiser's profile and on the pages of the products offered for sale.
- In the event of a defect or other damage affecting the product, to be reported no later than 10 days from their discovery, Prodes Italia undertakes to return the price of the product, after verifying it.
- To this end, the user must return the defective product at his own expense, without tampering with it or replacing it, in order to allow the manufacturing company concerned to carry out all the necessary checks.
- If the checks are successful, the manufacturer or Prodes Italia undertakes to guarantee the return of the product price (including shipping costs), which is actually found to be defective or, alternatively, to guarantee the replacement of the product. All costs relating to customs duties and taxes are always borne by the buyer for both outbound and return shipping.
- Prodes Italia is not responsible for damage caused by any defective or damaged products, as a result of failure by the user/ customer to verify.
- If the final consumer refuses to receive or is unable to receive the delivery of the product, in accordance with the provisions of these general terms and conditions of sale, all risks associated with the loss or damage of the products will still be borne by him.
In this case, Prodes Italia may:
- request the immediate and full payment of the products and make the delivery by any means deemed appropriate, or deposit the products at full risk and at the expense of the customer;
- in any case ask for the payment of all costs of warehousing and storage of the products and any other additional expenses incurred due to the refusal or inability to receive the delivery;
- cancel the order and dispose of the products, without prejudice to the right to compensation for the damage caused by the user, in addition to the risks and expenses mentioned above.
- The professional user will not have the right to refuse the products, in whole or even partially, and will have to proceed with the payment in full.
- When the delivery of the products takes place in a divided way, each batch of products must be considered as referable to a separate and distinct contract; any defect found in one or more batches does not justify the termination of the entire order or contract or the cancellation of the orders relating to each subsequent batch.
- The buyer is always required to check whether there are no restrictions on the import or purchase of particular materials in their country. The user is therefore solely responsible for any purchases of products made from materials not authorized by their country. Before making any purchase, it is advisable to view the list of CITES regulations at the following link: checklist.cites.org/#/en.
Art. 9 Availability of products
- The user can purchase the products as per the ‘online’ catalogue published on www.overjewels.com.
- While Prodes Italia strive to ensure constant availability, they cannot guarantee this, given their role as intermediary.
Where payment has already been made, in case of unavailability Prodes Italia undertake to promptly inform the user and refund the price paid, without additional charges, within 30 days. Where the customer is interested in following up the order anyway, Prodes Italia will communicate the timing of procurement and order fulfilment, ensuring maximum speed.
Art. 10 Liability
- Prodes Italia will assume no responsibility for inefficiencies attributable to force majeure such as accidents, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the contract, within the agreed time.
- Prodes Italia will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the aforementioned causes, having the final consumer the only right to a refund of the price paid.
- Prodes Italia will not be responsible for any fraudulent or illegal use by third parties of credit cards, checks and other means of payment, upon payment.
Prodes Italia, in fact, at no time during the purchase procedure will be able to know the credit card number which, upon opening a secure connection, is transmitted directly to the banking service manager.
Art. 11 Guarantees and methods of assistance
- All product descriptions, illustrations, representations, details, dimensions, presentation data and any other information available on the e-commerce platform www.overjewels.com , must be understood as general illustrations of the products and do not represent in any way a guarantee or declaration of conformity of the products to them.
Art. 12 User obligations
- The consumer user undertakes to print these general terms and conditions, in order to fully satisfy the conditions set out in Legislative Decree no. 206/2005 (Consumer Code) and to periodically check them by connecting to the e-commerce www.overjewels.com. In case of changes, the consumer undertakes to reprint and keep them, as modified.
- The user declares to be of age and to possess the legal capacity necessary for signing a contract having the force of law among the arts and that the information provided at the time of placing the order is are up-to-date, accurate and sufficient for order fulfilment.
- It is strictly forbidden for the user to enter false and/or invented and/or fictional data in the registration procedure necessary to activate the process for the execution of this contract and related further communications; the personal data and the email address must be exclusively their real personal data and not those of third parties, or of fantasy.
- It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties.
Prodes Italia reserve the right to legally pursue any violation and abuse, in the interest and for the protection of consumers.
- The user shall hold harmless Prodes Italia for any liability arising from the issue of incorrect tax documents due to errors in the data provided by the customer, as the customer himself is solely responsible for the correct entry.
Art. 13 Right of withdrawal
- Pursuant to art. 64 Legislative Decree: 206/2005, the consumer, who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from receipt of the product, by sending an email to firstname.lastname@example.org followed by a certified email to email@example.com, or by a registered letter with return receipt to Prodes Italia S.r.l. Unipersonale – Via Sansovino,6 – 20133 – Milano - Italia
- In the event of the purchase of multiple units, Prodes Italia guarantee the consumer the right of withdrawal and the return, even of only one part of the order. Once returned, in the manner indicated above, the customer will be refunded the price paid.
- In any case, the deadline for the return is 10 days from the exercise of the right of withdrawal.
- To exercise the right of withdrawal, the product must be returned intact and unused.
- Prodes Italia will accept the returned goods, reserving the right to contest the integrity of the product; within 30 days of the communication to exercise the right of withdrawal, Prodes Italia will refund the sums paid for the purchase of the product.
- The right of withdrawal is excluded in the following cases:
- ‘tailor-packaged’ products or products packaged on a specific customer request or, because of their nature, cannot be returned;
- products returned not intact, opened, tampered with due to fault attributable to the customer;
- the supply of sealed goods that cannot be returned for reasons of hygiene or related to health protection and have been opened after after delivery or for example blistered diamonds which would require re-certification;
- the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
- the supply of digital content through a non-material support, if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.
- The rules on the right of withdrawal also apply to the professional user.
Art. 14 Communications
- Any communication or notice in relation to these conditions must be made via email firstname.lastname@example.org or registered letter with return receipt or certified email to the addresses indicated in the Contact Us section.
- The last address or contact communicated by the user will be considered the address to which the communications required by the Applicable Law must be addressed, in relation to legal proceedings, before the address for service at the appointed attorney.
- Any communication shall be deemed to have been received:
- upon receipt of the registered letter with return receipt;
- at the time and date of confirmation of the successful opening of the certified email by the recipient.
Art. 15 Contract termination and express termination clause
- Prodes Italia have the right to terminate the stipulated contract by simply communicating it to the user indicating the reason; in this case, the user will only be entitled to a refund of any sum already paid.
- The obligations assumed by the User on the basis of these contractual conditions, as well as the guarantee of successful payment, are essential, so that by express agreement, the failure by the User, of only one of the aforementioned obligations, will determine the termination of the contract by law pursuant to article 1456 of the Civil Code, without the need for judicial ruling, without prejudice to the right of Prodes Italia to take legal action for compensation for further damage.
Art. 16 Privacy, cookies, and conditions of use of www.overjewels.com
Art. 17 Applicable Law
Art. 18 Jurisdiction and Competent Court
- Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated online through the e-commerce www.overjewels.com is subject to Italian jurisdiction; these general terms and conditions refer, for what is not foreseen, to the provisions of Legislative Decree 206/2005.
- For any dispute between the parties regarding this contract, the court in whose district the consumer has his domicile will be competent pursuant to Legislative Decree 206/2005.
For all others (foreigners and non-consumers), the exclusive jurisdiction lies with the Court of Milan - District of the Appeal Court of Milan.