Terms of use of the Website - Advertiser and User
General
The following conditions of use govern access to www.overjewels.com, as well as the use of the services and features offered therein; reading and knowledge is assumed.
The e-commerce platform www.overjewels.com, hereinafter the Website, is owned by 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.
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 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.
For assistance and other general information on services provided by www.overjewels.com, please contact Prodes Italia S.r.l. Unipersonale at the addresses indicated in the Contacts section.
For more information related to the Privacy Policy and the Cookie Policy, please refer to the dedicated sections.
Changes to these general conditions of use
Prodes Italia may integrate, update or modify these general conditions of use at any time, subject to adequate notice to users.
Any new conditions will be binding as soon as they are published on www.overjewels.com
Prodes Italia invite users to regularly access the website, to check the publication of the most recent and updated General Conditions of Use.
Responsibility
The User and the Advertiser are solely responsible for the incongruous and illegal use of this Website and its contents. Prodes Italia cannot be held responsible for any use of the Website that does not comply with current regulations. Prodes Italia cannot be held responsible for contents added by unauthorized subjects, without prejudice to its liability for wilful misconduct or gross negligence duly proven. In particular, the User and the Advertiser are solely responsible for the communication of information and data that are incorrect, false or relating to third parties, without the latter having given their consent, as well as for the incorrect use of the same.
Any responsibility for damage to computers and networks or loss of data resulting from the download or withdrawal of the contents of www.overjewels.com will fall on the User and the Advertiser and cannot be attributed in any way to Prodes Italia, which decline any liability for damages deriving from inaccessibility to the services present on www.overjewels.com or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, providers or connections telephone and/or telematic, unauthorized access, alteration of other data, failure and/or faulty operation of the user's electronic equipment.
The User and the Advertiser are responsible for the custody and correct use of their personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that may arise against Prodes Italia or third parties. as a result of incorrect use, loss, theft of such information.
Privacy Policy and Cookie Policy
The User and the Advertiser are required to carefully read the Privacy Policy section, which describes the methods and procedures used by Prodes Italia for obtaining, classifying and using of users' personal data, or the related purposes.
The User and the Advertiser are also required to carefully read the Cookie Policy section, which describes the cookie policy adopted by the entity in managing the website www.overjewels.com
Intellectual property rights and methods of use of the contents
The contents of www.overjewels.com (by way of example only: works, images, photographs, drawings, figures, logos and other distinctive signs, dialogues, music, sounds, videos, documents and any other material, in any format, published on the site, including menus, web pages, graphics, colours, diagrams, tools, Website design fonts, diagrams, layouts, methods, processes, databases, functions and software), are protected by copyright and any other intellectual right, according to the applicable law.
Prodes Italia has the exclusive right to authorize or prohibit the direct or indirect temporary or permanent reproduction, in any way or form, in whole or in part of the site and its contents.
The unauthorized reproduction and dissemination, in whole or in part in any form of www.overjewels.com of its contents of any type and nature, is prohibited, except with the written consent of the property.
The User and the Advertiser are only authorized to view the contents of the Internet site and to perform all those other temporary acts of reproduction, with no economic importance, which are considered transitory and ancillary, or an integral and essential part of the site itself. and its contents and all other navigation operations, which are performed only for a legitimate use of www.overjewels.com and its contents.
The User and the Advertiser are not authorized to make any reproduction, on any medium, in whole or in part, of www.overjewels.com of its contents.
The authors of individual works and/or ideas published on www.overjewels.com have the right to claim authorship at any time and to oppose any deformation or other modification thereof, including any other act that damages their reputation.
The User and the Advertiser, who access the website www.overjewels.com, undertake to respect the copyright in relation to the intellectual and intellectual works of those who have worked and collaborated with the body for the realization of the same.
Trademarks and domain names
All trademarks and distinctive signs displayed on www.overjewels.com are the property of their owners and are used within the e-commerce platform for the sole purpose of distinguishing, describing and advertising products, services, consortia, associations etc.
The User and the Advertiser are not authorized to use the aforementioned trademarks in any way, even for purposes not similar to those pursued by the entity through the Website.
Any unauthorized use of these trademarks will lead to legal consequences.
Content warnings
Prodes Italia have taken every precaution to avoid the publication, on www.overjewels.com, of contents that represent or describe scenes or situations of physical and psychological violence or such that according to the sensitivity of the users can be considered to be harmful to the civil conventions of human rights and the dignity of persons, in all its forms and expressions.
Prodes Italia undertake to take care of the contents of the e-commerce platform so that they do not contain incorrect indications or information. However, Prodes Italia assume no responsibility for the accuracy and completeness of the content, without prejudice to their liability for wilful misconduct or gross negligence and unless otherwise provided by law.
Prodes Italia do not guarantee that the Website will operate with absolute continuity, without interruptions and in the absence of errors and malfunctions due to the connection.
For any problems encountered in the use of www.overjewels.com, please contact our customer service via the email info@overjewels.com.
Although Prodes Italia will try to do everything possible to ensure continuous access to www.overjewels.com, the dynamic nature of the Internet and its contents may not allow to operate without suspensions, interruptions or discontinuities due to the need to update the Website.
The advertisers can register by creating a professional profile in which to insert their products and/or services in order to give them greater visibility by other Users. The Website offers information relating to products/services belonging mainly to the categories of jewellery, design, fashion, accessories. This information is mainly of a technical nature (details, dimensions, weight, colours, materials, price, etc.) and is accompanied by a conceptual presentation. Advertisers who register on the Website declare that they are aware of these terms of use.
Each User, browsing the pages of the Website, can decide to purchase one or more products. The purchase can be made directly on the web. At the conclusion of the order and therefore upon successful completion of the payment, the Advertiser will immediately send the purchased items to the User.
Advertisers give their consent to Prodes Italia's management of their personal data and services/products in order to make them known to companies and individuals interested in the products and/or services published by each Advertiser.
Through the Website (www.overjewels.com) Prodes Italia may offer Advertisers one or more free or paid services better described within the dedicated pages of the Website.
Prodes Italia reserve the right to suspend the service and remove the profile or products/services published by the Advertiser even without notice, in the event that incorrect, harassing and offensive behaviour is reported or in any other case of violation of the conditions of use listed in this contract, of complaints from third parties, or if Prodes Italia, even at their sole discretion, deem this necessary and/or appropriate, even without motivation, and without the Advertiser having anything to claim for damages.
Prodes Italia reserves the right to record and view the messages that may be exchanged between the User and the Advertiser using the appropriate form on the Website. This control has the sole purpose of guaranteeing protection to all users of the Website in the event of Spam and/or disputes relating to the sale of products and services by the Advertisers to the Users.
The indication of the password and the username constitute a condition for accessing the Website. Any contact coming to Prodes Italia through a specific username and a given password will be considered as coming from the owner of the username and password indicated. Therefore, the Advertisers accept all responsibility for any use of data, advertisements, contacts and/or any other communication sent to Prodes Italia through the use of their identification data as indicated above and undertake not to sell, transfer or transfer ownership of the registration. or any rights deriving from it.
Prodes Italia reserve the right to unsubscribe and/or to deny the right of access to the Website to any person, to limit or interrupt the services, to remove, even partially, and/or modify content not deemed appropriate, to exclude from the site an Advertiser who has behaved in a way that does not comply with these Terms of Use and current legislation.
The Advertisers may at any time request to update and/or modify and/or delete their data registered on the Website, in accordance with the privacy legislation and the Privacy Policy published on the Website.
In any case, the Advertisers will be the sole and exclusive responsible for their data released: therefore Prodes Italia decline all responsibility for any delivery errors contained in the registration forms and/or any changes in address not regularly registered.
Prodes Italia reserves the right to follow up advertising activities at any time, even for a fee, through the use on the Website of any third party logo and/or brand, including advertising banners and any other advertisement for the promotion and marketing, direct and/or indirect, of any good, product and service.
Prodes Italia reserve the right to create links with other sites with which they intend to start any kind of professional collaboration. All without the Advertisers having anything to oppose and/or complain about and/or expect in relation to such activities. In any case, the existence of a link to another site not controlled by Prodes Italia does not imply the approval or acceptance of responsibility by the latter for the content or use of said site.
The Advertisers undertake to release Prodes Italia from any liability inherent in the relationships arising between the Advertiser and their subsequent development, among which, purely as an indication, any contractual breaches, any exploitation of the Projects by the companies and so on, must be included. Prodes Italia will in no case be held responsible for damage occurring during the transport of the products from the Advertiser's headquarters to the User's destination.
Prodes Italia decline any kind of liability, both civil and criminal, for the use of the Website and the services connected to it in ways differing from those indicated in these Terms of Use, and in any case in ways that are contrary to the law.
Responsibilities and obligations of the Advertiser
- The Advertiser is solely responsible for the information sent to Prodes Italia concerning their products/services and for ensuring that they comply with the regulations in force in the delivery countries (regulations, authorization, etc.);
- The Advertiser guarantees the User assistance relating to the right of withdrawal or warranty in the event that a product is defective and therefore undertakes to replace the product with a new one or to refund the value of the product previously paid by the User;
- The Advertiser guarantees the shipment of products to the User as well as descriptions, shipping times, countries not served, etc., shown on the pages dedicated to the products and personalized by himself with this information;
- The Advertiser guarantees the constant updating of the information on the products offered for sale including the sales prices and all the technical details;
- The Advertiser guarantees that it will not in any way encourage the User to conclude the sale of their products outside the Website. If such elusive behaviour of the Advertiser is noticed by Prodes Italia, the latter could ask the Advertiser the agreed brokerage percentage as per specifications within the profile/products page, plus a 5% penalty;
- The Advertiser guarantees that it will not publish direct contacts on the Website by way of example: telephone number, email address, website, social media, etc... ;
- The Advertiser guarantees that the selling price of their products and the shipping costs are always in line with the prices/costs published on any other website r present in physical locations. They therefore undertake to periodically update prices/costs so as not to create discrepancies with other websites or sales points / showrooms;
- The Advertiser guarantees that in the event of the sale of precious metals, these are marked both by a punch specifying the metal and by a manufacturer's punch in accordance with the law for export purposes;
- The Advertiser guarantees that by publishing products for sale on www.overjewels.com, they accept that the sales method is made on consignment between the Advertiser and Prodes Italia;
- The Advertiser guarantees not being in a state of direct and/or any need and not having any urgent need to sell the items described in the dedicated pages;
- The Advertiser guarantees that the products are put on consignment for a minimum period of 6 months, renewable at their discretion;
- The Advertiser guarantees that the products offered for sale are fully available for sale and of lawful origin, exempting Prodes Italia from any liability in this regard;
- The Advertiser guarantees that the objects are free from seizures, foreclosures, claims and in general for any case of eviction;
- The Advertiser guarantees that the state of the items offered for sale and their conditions comply with what is stated and that they are completely safe and fully compliant with all existing safety standards;
- The Advertiser guarantees to assume any and all liability arising from inaccurate statements and/or in any case relating to the objects described;
- The Advertiser guarantees to give Prodes Italia the power to collect the remuneration for the sale from third parties;
- The Advertiser accepts that Prodes Italia will retain the percentage of 15% on the total transaction (product price + any shipments + any VAT and taxes) relating to the sale of the products;
- The Advertiser grants Prodes Italia full autonomy with regard to methods, times and places of sale by authorizing any publication of photos of the objects and/or descriptions on any website, printed publication, TV, radio and any means of communication;
Purchase / payment methods
The Users browsing the pages of the Website may decide to purchase one or more products, therefore by selecting the items of their interest, they will proceed to confirm the order and then make payment. Payment can be made with any credit card, PayPal or bank transfer. The sales prices indicated on the Website are expressed in Euros (€) and include any VAT of the country where the Advertiser is located. After the effective collection of the price of the products, which always takes place through Prodes Italia, the User will receive an email confirming the order and the payment made by him, therefore the Advertiser will have to send the order as per the methods communicated.
Economic conditions
In case of sale, Prodes Italia will recognize to the Advertiser the proceeds from the sale of their products, withholding a percentage of 15% on the total transaction (product price + any shipments + any VAT and taxes). Economic recognition by Prodes Italia towards the Advertiser takes place by bank transfer or transfer via Paypal 45 days after the actual collection of the sale of the products. As a precaution, Prodes Italia may withhold amounts relating to the sales of the Advertiser's products if the latter has not yet sent the order to the User or if there are disputes between the Advertiser and the User or for any other reason related to the protection of the purchase. All detailed specifications are quoted in the documentation and in the emails sent to the Advertiser who signs up on the Website.
Evaluation of the Advertiser
The Advertiser is informed that Prodes Italia could establish a system for evaluating the service offered to Users. Therefore, any User has the right to post a comment on the overall satisfaction with the shopping experience on the Website. The User undertakes to comment and evaluate purchases/products/Advertisers objectively and acknowledges he is aware of being exposed to indictments, particularly in the case of defamatory, slanderous and/or lying comments.
Withdrawal from the services offered by the Website
Pursuant to art. 64 of Legislative Decree no. 206/2005, if the User/Advertiser is a consumer (i.e. a natural person who requests the service for purposes unrelated to any business or professional activity carried out, or does not make the purchase by indicating a VAT number in the order form), has the right to withdraw from the contract for any reason, without the need to provide explanations and without any penalty, within the limits indicated below.
To exercise the right of withdrawal, the User/Advertiser must send Prodes Italia a communication to that effect, indicating the current account or email address associated with a Paypal account on which to credit the amount to be returned, within ten working days from date of receipt of the e-mail confirming payment for the service. This communication must be sent by email to: info@overjewels.com. Once the notice of withdrawal has been received, Prodes Italia will refund the User/Advertiser the amount of the service purchased, withholding the cost for the bank transfer.
The Advertiser agrees not to be able to exercise the right of withdrawal, in accordance with art. 55 of Legislative Decree no. 6.9.2005, n. 206 (Consumer Code) after 10 days from receipt of the payment confirmation of the service and/or, in any case after the service has been provided even with the sole publication of the advertisement and/or with the access of the professional for the registration of the service explained better within the site, even if these services have started before the expiry of the 10 day term. Any complaint must be addressed to the following email address info@overjewels.com, or by registered letter with return receipt, addressed to: Prodes Italia, Via Sansovino, 6 – 20133, Milano.
Applicable law
These general conditions of use are governed by the Italian law. It is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Milan-District of the Appeal Court of Milan.