Terms and Conditions
TERMS OF SALE
The offer and sale of products on www.melaniagorinijewellery.com are governed by the following General Terms of Sale.
The products purchased on www.melaniagorinijewellery.com are created by Melania Gorini and sold directly by Melania Gorini, based at Via Castra, 6, 50050 Capraia e Limite (FI), Tax ID (C.F.) GRNMLN88E60I046W, VAT No. 07023530483.
These General Terms of Sale exclusively regulate the offer, submission, and acceptance of purchase orders for products on www.melaniagorinijewellery.com between users of the www.melaniagorinijewellery.com website and the Seller, via the website itself or other authorized sales channels (Whatsapp number).
PRODUCTS ON SALE
Only original products handmade in Italy by Melania Gorini or her collaborators are for sale on www.melaniagorinijewellery.com.
The essential characteristics of the products are presented within each product sheet.
Completing the purchase process implies reading and accepting the product characteristics stated on www.melaniagorinijewellery.com.
However, images and colors of the products offered for sale may not exactly correspond to the actual ones due to the Internet browser and monitor used.
1. DEFINITIONS
1.1 The expression “online sales contract” refers to the contract of sale relating to the Seller’s tangible movable property, entered into between the Seller and the Buyer within a distance selling system organized by the Seller using telecommunications tools.
1.2 The expression “Buyer” refers to the natural person consumer who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3 The expression “Seller” refers to the subject indicated in the preamble or the provider of information services.
2. SUBJECT OF THE CONTRACT
2.1 Under this contract, the Seller sells and the Buyer purchases at a distance via telecommunications tools the tangible movable property indicated and offered for sale on the website www.melaniagorinijewellery.com.
2.2 The contract between the seller and the Buyer is concluded exclusively via the Internet through the Buyer accessing www.melaniagorinijewellery.com, where, by following the indicated procedures, the Buyer will formalize the contract for the purchase of the goods available on the site.
2.3 The purchase contract is concluded by the exact completion of the request form and the consent to the purchase expressed by the online submission, following the viewing of a printable order summary web page, which contains the details of the ordering party and the order, the price of the purchased item, shipping costs and any additional ancillary charges, payment methods and terms, the address where the item will be delivered, delivery times, and the existence of the right of withdrawal.
2.4 At the moment the Seller receives the order from the Buyer, they will send a confirmation email or display a printable confirmation and order summary web page, which also contains the previously mentioned data.
2.5 The contract is not considered finalized and effective between the parties in the absence of what is indicated in the previous point.
2.5 The contract is not considered finalized and effective between the parties in the absence of what is indicated in the previous point.
3. PAYMENT AND REFUND
3.1 Every payment by the Buyer may take place solely by means of one of the methods indicated on the dedicated web page by the Seller.
3.2 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in the case of exercising the right of withdrawal, as regulated in paragraph 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Seller became aware of the withdrawal itself.
3.3 All communications regarding payments occur on a dedicated line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
4. TIMING AND DELIVERY
4.1 The Seller will deliver the selected and ordered products, in the manner indicated on the website at the time the good is offered, as confirmed in the email mentioned in point 2.4
4.2 The methods, times, and costs of shipping are clearly indicated and highlighted on the FREQUENTLY ASKED QUESTIONS page.
5. PRICES
5.1 All sale prices of the products displayed and indicated within the website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
5.2 The sale prices, mentioned in the previous point, are inclusive of VAT and any other possible tax. Shipping costs and any additional charges (e.g., customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is submitted by the Buyer and are contained in the order summary web page.
5.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
6. LIMITATION OF LIABILITY
6.1 The Seller assumes no responsibility for disruptions attributable to force majeure if they are unable to execute the order within the times provided by the contract.
6.2 The Seller cannot be held responsible towards the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the Internet outside of their control or that of their suppliers.
6.3 Furthermore, the Seller will not be responsible for damages, losses, and costs suffered by the Buyer following the non-execution of the contract for causes not attributable to them, with the Buyer only having the right to a full refund of the price paid and any ancillary charges incurred.
6.4 The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, checks, and other means of payment for the payment of the products purchased, provided they prove they have adopted all possible precautions based on the best science and experience of the moment and on ordinary diligence.
6.5 In no case can the Buyer be held responsible for delays or errors in payment if they prove to have made the payment in the times and ways indicated by the Seller.
7. OBLIGATIONS OF THE BUYER
7.1 The Buyer undertakes to pay the price of the purchased good in the times and ways indicated by the contract.
7.2 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before purchase confirmation.
7.3 Regarding requests for custom orders, after accepting the quote issued by the Seller, the buyer undertakes to make a down payment (the amount of which is to be agreed upon with the Seller) followed by the payment of the final balance when the product is ready for shipment. Should the Buyer refuse to complete the order and proceed with the final balance payment, they will lose the previously paid down payment and all rights to the product itself. Orders for custom-made products must be settled no later than 10 days from the moment the product is finished.
8. RIGHT OF WITHDRAWAL
8.1 The Buyer has, in any case, the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the purchased good.
Many of our products are created exclusively after order confirmation, based on the choices made by the customer, such as, by way of example, the material, finish, length, or other characteristics available for the selected model.
For jewelry that, based on the order characteristics, is custom-made or clearly personalized pursuant to art. 59 of Legislative Decree 206/2005 (Consumer Code), the right of withdrawal cannot be exercised.
For all other products, the right of withdrawal remains exercisable within the terms and in the manner provided by current legislation.
In case of doubts about the nature of the ordered product or the applicability of the right of withdrawal, our customer service is available to provide any clarification before the completion of the purchase.
8.2 In the event that the Buyer decides to exercise the right of withdrawal, they must notify the Seller via email at the address melaniagorinijewelry@hotmail.com within the subsequent 48 (forty-eight) hours.
8.3 The return of the item must in any case take place no later than 14 (fourteen) days from the date of receipt of the item itself. In any case, to be entitled to a full refund of the price paid, the item must be returned intact and, in any case, in a normal state of conservation.
8.4 The only costs payable by the Buyer for exercising the right of withdrawal in accordance with this article are the direct costs of returning the item to the Seller and the shipping costs incurred for the initial shipment of the package, as well as the fees requested from the Seller by Paypal and Klarna, which are not refunded to the Seller even in the case of a return, should the Buyer have used these two payment methods.
8.5 The Supplier will refund the entire amount paid by the Buyer within 30 (thirty) days from the receipt of the withdrawal notice.
8.6 Upon receipt of the communication with which the Buyer informs of the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.
8.7 Personalized items or items purchased with discounts are excluded from the right of withdrawal.
9. CAUSES OF TERMINATION
9.1 The obligations referred to in point 8.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 3.1, and also the exact fulfillment of the obligations assumed by the Seller in point 4, have an essential character, so that, by express agreement, the failure to fulfill even one of these obligations, if not determined by fortuitous event or force majeure, will result in the legal termination of the contract ex art. 1456 of the Italian Civil Code, without the need for a judicial pronouncement.
10. CONFIDENTIALITY AND PROCESSING OF BUYER DATA
10.1. The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the General Data Protection Regulation (GDPR) in force since May 25, 2018, and previous legislation (Legislative Decree June 30, 2003, no. 196).
10.2 The personal and fiscal data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in electronic form, in relation to the methods of processing with the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications towards the Buyer, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service (art. 24, paragraph 1, lett. b, Legislative Decree 196/2003).
10.3 The Seller undertakes to treat the data and information transmitted by the Buyer as confidential and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only upon request of the Judicial Authority or other authorities authorized by law.
10.4 Personal data will be communicated, subject to the signing of a confidentiality agreement for the data itself, only to subjects delegated to the performance of activities necessary for the execution of the contract (e.g., courier) and communicated exclusively for that purpose.
10.5 The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
10.6 The data controller for the collection and processing of personal data is the Seller, to whom the Buyer may address, at the registered office or via email at melaniagorinijewelry@hotmail.com, any request.
If you are a resident of the EEA, you have the following data protection rights:
10.7 If you wish to correct, update, or request the deletion of your personal information, you can do so at any time by sending an email to melaniagorinijewelry@hotmail.com.
10.8 In addition, you can object to the processing of your personal data or request the portability of your personal information. Again, you can exercise these rights by sending an email to melaniagorinijewelry@hotmail.com.
10.9 You have the right to refuse marketing communications. You can exercise this right by clicking on the appropriate unsubscribe link in the marketing emails we send you. To opt out of other forms of marketing, please contact us by sending an email to melaniagorinijewelry@hotmail.com.
10.7 If you wish to correct, update, or request the deletion of your personal information, you can do so at any time by sending an email to melaniagorinijewelry@hotmail.com.
10.8 In addition, you can object to the processing of your personal data or request the portability of your personal information. Again, you can exercise these rights by sending an email to melaniagorinijewelry@hotmail.com.
10.9 You have the right to refuse marketing communications. You can exercise this right by clicking on the appropriate unsubscribe link in the marketing emails we send you. To opt out of other forms of marketing, please contact us by sending an email to melaniagorinijewelry@hotmail.com.
11. COMMUNICATIONS AND COMPLAINTS
11.1. Written communications directed to the Seller and any complaints will be considered valid only if sent via email to the following address melaniagorinijewelry@hotmail.com. The Buyer indicates in the registration form their residence or domicile, telephone number, or email address to which they wish the Seller's communications to be sent.
12. DISPUTE RESOLUTION
12.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Agrigento and resolved according to the Conciliation Regulation adopted by the same.
12.2. Should the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of the place of residence or elective domicile of the Buyer, which is mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
12.2. Should the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of the place of residence or elective domicile of the Buyer, which is mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
13. APPLICABLE LAW AND REFERRAL
13.1. This contract is governed by Italian law.
MGJ was born from a simple idea: to restore to jewelry the value of something that is not limited to completing a look, but becomes part of your story.