Terms and conditions
SUBJECT OF THE ONLINE CONTRACT AND ITS CONCLUSION
The online purchase contract is the distance contract, having as object movable goods and / or services, stipulated between a supplier, AURUM 95 SRL, based in Via Bausan 1 80121 Naples Italy, and a consumer and / or customer; everything happens in a distance selling system organized by the supplier who, for this contract, exclusively uses the remote communication technology called internet. The contracts, therefore, will be concluded directly through access by the consumer and / or customer to the website corresponding to the address www.sorrentoaurumgioielli.it, where, following the indications provided, he will conclude the contract for the purchase of the good.
The right of AURUM 95 SRL to request, at its discretion and further, to the consumer and / or customer the right to confirm the order placed.
It is a consumer any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to the entrepreneurial activity that he possibly carries out.
For distance contracts with consumers, the legislation envisaged by section II of Legislative Decree no. 206 of 6 September 2005 "consumer code".
All sales prices of the products, displayed and indicated on the website, are inclusive of I.V.A. and any other tax. The customer will be charged a contribution for shipping costs, which will be displayed before the order is finalized, and variable in relation to the destination, weight and size of the order itself, except for promotional products with free shipping charges.
The purchase contract is concluded through the exact compilation and the consent to the purchase expressed by the adhesion given "on line" or by signing the order form attached to the electronic catalog on the site.
The customer can pay for the goods ordered through the payment services indicated online at the time of purchase and in particular through the following methods:
• ADVANCE BANK TRANSFER
• Credit cards
Payment by credit card may be subject to a surplus due to currency exchange and related commissions, this surplus is solely and solely dependent on the manager, not by us
AURUM 95 SRL will deliver to customers, the products purchased, through trusted couriers and / or shippers or, at the discretion of the company, directly from the company itself.
With reference to the delivery, the date relative to the first attempt by the courier to deliver the goods to the address is considered valid (to be understood the main entrance of the building and not that of access to the private house), even if the attempt it is not successful due to the absence of the recipient or refusal of the goods.
Delivery times will never exceed those set by art. 54 of Legislative Decree 206/2005.
Shipping times are indicative, as AURUM 95 SRL will not be responsible for delays due to force majeure (natural disasters, strikes and technical reasons) and in summer and pre-holiday periods.
In the case of goods sent and refused upon delivery, the AURUM 95 SRL will apply a penalty equal to 30% of the value of the purchase in addition to the costs of shipping, storage and return of the material.
The consumer and / or customer undertakes and, once the "online" purchase procedure has been completed, to print and keep the present general conditions which, moreover, will have already viewed and accepted as a necessary passage in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the conditions set out in articles 4, 5, 52 and 53 of Legislative Decree No. 206/2005.
It is absolutely forbidden for the purchaser to enter false and / or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and the e-mail must be exclusively their own real personal data and not of third parties, or of fantasy.
The consumer and / or customer authorizes AURUM 95 SRL and undertakes to provide, at the latter's discretionary request, a copy of unexpired identity documents. Failure to comply with the request for documents authorizes AURUM 95 SRL to terminate the contract due to default by the buyer.The Client indemnifies AURUM 95 SRL from any responsibility concerning the insertion of incorrect data (including tax) when this circumstance is due exclusively to errors related to the data provided by the Customer; the Customer is considered the only person responsible for the correct insertion. The consumer and / or customer, in the case of purchase by credit card, authorizes AURUM 95 SRL to use his own credit card, and to debit his bank account in favor of AURUM 95 SRL l 'total amount highlighted as the cost of the purchase made "on line".
PERSONAL DATA PROCESSING
AURUM 95 SRL takes seriously the protection of privacy, that is the privacy of the personal data of its users.
The principles outlined below are the basis for the processing of users' personal data by AURUM 95 SRL.
The data will be collected only when necessary and in compliance with current legislation.
AURUM 95 SRL will always provide clear information regarding the use made of your personal data and will always be transparent with users about the data that is collected, the use made of it, with whom it is shared and the office to be contact for each request.
AURUM 95 SRL adopts all the necessary measures to safeguard users' data from incorrect use and to treat them in a safe manner, respecting all applicable laws and regulations for the protection of privacy, collaborating with the authorities in charge of the protection of personal data and acting, in any case, in accordance with generally accepted principles relating to the protection of personal data.
At any time, you can exercise your rights pursuant to art. 15 and ss. of EU Regulation 679/2016 including those to obtain from the holder access to personal data and the correction or cancellation of the same or the limitation of the processing that concerns it, or to oppose, for legitimate reasons, to their treatment, in addition to right to data portability by sending an e-mail to [email protected]
If you find a violation of your rights, you can contact the competent supervisory authority pursuant to art. 77 of EU Regulation 679/2016.
DATA PROCESSING AND CONSENT OF USERS
PLACE OF THE PROCESSING OF PERSONAL DATA
The processing operations connected to the services of the Website take place at the aforementioned registered office of the company AURUM 95 SRL and are only handled by personnel in charge of processing, or by persons in charge of occasional maintenance operations.
The data deriving from the Site may be communicated to the technological and instrumental partners of which the Owner uses to provide the services requested by the users. The personal data provided by users who forward requests for information (sending of informative material, answers to questions, etc.) or other communications (for example orders) are also made available to third parties appointed as Managers and used by them for the sole purpose of performing the service or provision requested and only if this is necessary for this purpose (provision of the services requested through the technological and instrumental partner).
The computer systems and software procedures used to operate the Website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This is information that by its very nature could, through processing and association with data held by third parties, allow the identification of the computers that connect to the site. This category of data includes IP addresses or domain names of computers used by users who connect to the Website, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numeric code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the operating system and the user's IT environment. These data could be made available to the judiciary and police forces to ascertain responsibility in the event of crimes committed through the site or computer crimes against the site.
Data provided voluntarily by Users
The optional, explicit and voluntary sending of personal data to access specific services, or to request information through the appropriate channels on the Site or the App, involves the subsequent acquisition of the sender's personal data included in the requests, necessary to respond to the same. You can choose not to provide your data but, in this case, AURUM 95 SRL may not be able to satisfy all or part of your requests (eg registration on the site www.sorrentoaurumgioielli.it).
Data relating to unregistered users
Data of registered users
AURUM 95 SRL uses technologies that allow, thanks to the interrogation of an ID (in alphanumeric form), to track the navigations of registered users who access the site from various browsers or from different devices (eg computer, tablet, smartphone), in order to present the same users with products similar to those displayed or purchased, regardless of browser or device used from time to time.
When registered Users give their consent to the processing of their data for direct marketing purposes, AURUM 95 SRL can process the data relating to the operations and visualizations performed by them on www.sorrentoaurumgioielli.it to inform them by e-mail of the fact that they produce they are included in the cart, but not yet purchased, are still available (allowing them to complete the purchase quickly and safely) or to offer them the same products or similar products (re-marketing) via e-mail. When registered Users give their consent to the processing of their data for profiling purposes, AURUM 95 SRL can process data relating to their consumption choices (ie subject to purchases and amounts spent), to adjust the offer as much as possible commercial to their profile and their needs.
Regarding the payment data, AURUM 95 SRL is limited to receiving only information from the digital payment company and the credit card payment institutes on the status of the payment linked to the payment (successful / refused). All the details on the prepaid card or on the credit card are memorized by the bodies that manage the relative service, which are not authorized to use personal data received through www.sorrentoaurumgioielli.it for other purposes.
PURPOSE OF THE PROCESSING OF PERSONAL DATA
AURUM 95 SRL may use users' personal data to examine the use of the Site, products and services, analyze the effectiveness of our advertising, promotions and competitions, personalize the experience on the site and to examine (anonymously and in aggregate ) statistics on the activities on the website, simplifying its use within the site and better adapting it to the interests and choices of the user, speeding up its future activities and experiences on the site, contacting it about products and services that may interest it, if you have given your consent.
AURUM 95 SRL may use users' personal data to suggest products or services that may interest them, offer them the opportunity to participate in competitions or promotions. The user may refuse to receive communications from AURUM 95 SRL at any time. Any direct marketing communication that AURUM 95 SRL sends will provide the information and means necessary for the waste itself. User data may be used to provide products or services that users require.
From the moment in which the consumer and / or customer receives the damaged goods, or requests their return to the carrier, it has direct and exclusive action against the carrier itself.
The carrier is also responsible for the delay in delivering the goods to the recipient.
AURUM 95 SRL, in these cases, must be considered exempt from any liability for loss or damage (damage) of the goods from the moment in which the same is delivered without reservation to the carrier for transport.
In the event of damage to the packaging or packaging, the Customer has the burden of placing reservations with respect to the things transported at the time of delivery, under penalty of forfeiture. The consumer and / or customer, in the event of damage or partial loss, are not recognizable at the time of delivery, the newly known damage must be reported to the carrier, under penalty of forfeiture, and no later than eight days from receipt by registered letter with return receipt (art. 1698 cc) AURUM 95 SRL is not responsible for any fraudulent use and illegal that can be done by third parties, credit cards, checks and other means of payment, at the time of purchase of the products, not being, at any time, part of the procedure.
The product images published on the site are purely indicative.
In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be complained.
WARRANTIES AND ASSISTANCE
01. Legal guarantee
• All products marketed by AURUM 95 SRL are covered by the legal guarantee of 24 months for lack of conformity, pursuant to art. 129) of Legislative Decree no. 206/2005 (Consumer Code). By virtue of the legal guarantee, AURUM 95 SRL is liable to the Customer-Consumer (a natural person who acts for purposes unrelated to business, industrial, commercial, craft or professional activities), for any lack of conformity that exists at the time of delivery of the product, as required by art. 130 of Legislative Decree no. 206/2005 and within the term of 24 months from the date of purchase. The lack of conformity exists when the product is not suitable for the use for which it is intended, does not conform to the description or does not possess the qualities and / or performances promised by the seller and typical of the product sold, or to the specific qualities and performances required by the Customer-Consumer when this has been the subject of a specific agreement between the parties.
The denunciation of the lack of conformity (art. 132, 1st paragraph), which occurs within the term of validity of the legal guarantee (24 months), must be made, under penalty of forfeiture, within two months from the date of discovery (art. 132, 2nd paragraph). In case of lack of conformity, the Customer-Consumer has the right to ask the seller, at his choice and without charge, to repair or replace the goods, unless the requested remedy is objectively impossible or excessively expensive (Art. 130 , paragraphs 3 and 4). Repairs must be carried out within a reasonable time and, in any case, within sixty days, after which the Customer-Consumer will have the rights referred to in art. 130, paragraph 7); the seller, after reporting the lack of conformity, may offer the Customer-Consumer the remedies referred to in paragraph 9) of the art. 130, with the effects referred to in letters a and b) of the same provision.
Pursuant to the 3rd paragraph of the art. 132, the defect occurring within six months of purchase, is presumed to exist on the aforementioned date and the Customer-Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement (art. 130).
To use the assistance, the Customer-Consumer must keep the invoice (or DDT) he will receive along with the purchased goods. The Customer-Consumer can always download the invoices concerning his purchases from the website www.sorrentoaurumgioielli.it, accessing the reserved area.
If, following an intervention by an Authorized Service Center, there should not be a lack of conformity pursuant to Legislative Decree no. 206/2005 (Consumer Code), the Customer-Consumer will be charged for any costs of verification and recovery required by the Authorized Assistance, as well as transportation costs if incurred by AURUM 95 SRL
• 02. Conventional guarantee
◦ 2.1 In addition to the legal guarantee for lack of conformity, the products sold by AURUM 95 SRL are covered by the manufacturer's standard warranty.
◦ 2.2 The manufacturer's standard warranty is additional and not burdensome for the Customer-Consumer and is provided, at the Customer-Consumer's choice, according to the methods illustrated in the documentation included in the product packaging and present on the website www.sorrentoaurumgioielli .it in the appropriate area and will be provided by service centers authorized by the manufacturer. If, as a result of intervention by an Authorized Service Center, the defect is not covered by the manufacturer's standard warranty, the Customer-Consumer will be charged for any costs of verification and recovery required by the Authorized Assistance, as well as transport costs , if supported by AURUM 95 SRL
◦ 2.3 The replacements in case of DOA (Dead On Arrival: product not working at first power-up), subject to the existence of the conditions for the application of Legislative Decree no. 206/2005 (Consumer Code), will be made only if expressly provided by the manufacturer. The timing of replacement or repair of the product, provided it is reasonable, depends exclusively on the manufacturer. AURUM 95 SRL ensures that the times for repair / replacement are reasonable.
◦ 2.4 In the event that, for any reason AURUM 95 SRL, is not able to replace a product under warranty (restored or replaced), it may proceed, subject to the consent of the Customer-Consumer, to replace the product itself (if still at price list) or with another of equal characteristics and value or higher. Finally, to issue a discount voucher of the same amount that can be spent on another product valid for 6 months from the time of issue.
◦ 2.5 No damage can be claimed to AURUM 95 SRL for any delays in repairs or replacements of products under conventional warranty, except for cases of willful misconduct or gross negligence.
◦ 2.6 In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer-Consumer in the original packaging, complete in all its parts (including the manufacturer's packaging and any documentation and accessory equipment: manuals, cables, etc ...); to limit damage to the original packaging, it is recommended, when possible, to insert it in a second box; in all cases, the attachment of labels or adhesive tapes directly to the original product packaging should be avoided.
RIGHT OF WITHDRAWAL pursuant to Articles 64/67 Legislative Decree n. 206/2005
01. In compliance with the provisions of the Consumer Code, as amended by Legislative Decree no. 21/2014, the customer who covers the quality of consumer and, therefore, the natural person who acts for purposes unrelated to the professional activity, has the right to withdraw from the purchase contract, without giving any reasons and without having to incur different costs from those specified in paragraph n. 3, no later than fourteen days from delivery, or from the day on which the Customer or a third party designated by the latter acquires physical possession of the goods purchased. The conditions and the procedure for exercising this right will be specified in the following paragraphs.
• 02. The customer who intends to exercise the right of withdrawal referred to in the previous paragraph must communicate via ordinary, registered mail, electronic mail ([email protected]), his / her will to avail of the right of withdrawal, within the terms established by law .
Upon receipt of the declaration of withdrawal, AURUM 95 SRL will send the Customer an email confirming receipt containing the procedure for the return of the goods (copy of the purchase invoice) and the order number assigned by the system.
• The customer will have to send back the goods to be receded through his own trusted courier, carefully packed in the original packaging of the manufacturer, to the following address:
AURUM 95 SRL
Via Bausan 1 80121 Naples Italy
• 03. The delivery of the goods to be returned must take place no later than 14 days from the date on which the Customer informed AURUM 95 SRL of the decision to withdraw from the purchase contract.
AURUM 95 SRL, in compliance with the provisions of art. 56 of Legislative Decree n. 21/2014, once the compliance with the conditions referred to in paragraph 4 has been verified, will reimburse the Customer for the cost of the product within 14 days of receipt of the notice of withdrawal, without prejudice to the right to withhold the reimbursement up to the date of return of the product to own warehouses or until the date on which the Customer sends proof of actual shipment and delivery of the goods to the courier.
AURUM 95 SRL is not required to reimburse additional costs if the Customer has chosen a type of delivery different from the type of less expensive delivery offered ("basic" shipment). The reimbursement will take place with the same methods used by the Customer for the purchase or, if specifically requested, by bank transfer, credit card transfer.
• 04. The right of withdrawal is subject to the following mandatory conditions:
◦ 01. the Customer can exercise the right of withdrawal exclusively with regard to the entire product; it will not be possible to exercise withdrawal only on a part of the product purchased (eg accessories, software attachments, etc.); Once opened, it is not possible to make products:
▪ I. audiovisual, software and consumables;
▪ II. products specifically or personally created for the consumer;
▪ III. for perishable goods or goods that change quickly;
▪ IV. for the purchase of newspapers or magazines;
▪ V. for services that, before the expiry of the term for exercising the withdrawal, have already been performed with the consumer's consent.
◦ 02. the purchased product must be returned in its original packaging, complete with all the accessories and its documentation;
◦ 03. the product must be returned in perfect condition, products that show signs of damage, wear or dirt will not be accepted;
◦ 04. the returned product must have the same serial number on the invoice, otherwise, if the registration number is different, the withdrawal will not be accepted and the product will be made available again to the Customer, without any financial refund from part of AURUM 95 SRL against you;
◦ 05. The shipment for the return of the product is under the responsibility of the Customer, until the moment in which AURUM 95 SRL confirms that it has received the product. In the event that the product is damaged during the return to the warehouses, it will be the responsibility of AURUM 95 SRL to communicate the incident to the Customer to allow him to file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods, if this is secured; therefore, AURUM 95 SRL will make the product available to the Customer, canceling the withdrawal.
• 05. The right of withdrawal lapses if the Customer does not return the goods to AURUM 95 SRL within 14 days from the date on which the withdrawal was communicated. The term is considered to have been met if the Customer sends the goods before the 14-day deadline. The right of withdrawal also expires in the event of a substantial defect in the returned product (lack of internal packaging and / or documentation and / or original packaging of the manufacturer; absence of integral elements and accessories of the product; damage; unsuitable state of return) and in general in case of non-compliance with the conditions referred to in paragraph n. 4. In all cases of forfeiture of the right of withdrawal, AURUM 95 SRL will return the goods to the Customer who will not be entitled to any refund.
CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE
The AURUM 95 SRL reserves the right to terminate the contract stipulated with the customer / consumer by giving simple communication to the same indicating their reasons; the customer will be entitled, in this case, exclusively to the return of any sum already paid, the reimbursement of the sum for administrative reasons will take place within 14 working days following the date of cancellation of the order.
The obligations assumed by the customer point 4 (Obligations of the buyer), as well as the guarantee of successful payment that the customer makes with the means referred to in point 2, as well as all the other obligations provided to the consumer, are essential and , due to the effect, the non-fulfillment by the consumer and / or the customer himself, even of only one of these obligations, will result in the termination of the contract pursuant to article 1456 of the Civil Code, without prejudice to the right for AURUM 95 SRL of sue for compensation for further damages.