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.

Products purchased on www.melaniagorinijewellery.com are made by Melania Gorini and sold directly by Melania Gorini, with registered office in Via Castra, 6, 50050 Capraia e Limite (Fi) Tax Code GRNMLN88E60I046W, VAT Number 07023530483.

These General Terms of Sale exclusively govern 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).

ITEMS FOR SALE

Only original, handmade products made in Italy by Melania Gorini or her collaborators are for sale on www.melaniagorinijewellery.com.

The essential characteristics of the products are presented in each product sheet.

The completion of the purchase process implies the reading and acceptance of the product characteristics reported on www.melaniagorinijewellery.com.

However, the images and colors of the products offered for sale may not exactly correspond to the real ones due to the Internet browser and monitor used.

1. DEFINITIONS

1.1 The expression "online sales contract" refers to the sales contract for the Seller's tangible movable goods, stipulated between the Seller and the Buyer within a distance selling system using electronic means, organized by the Seller.

1.2 The expression "Buyer" refers to the natural person consumer who makes the purchase, as per this contract, for purposes unrelated to any commercial or professional activity carried out.

1.3 The expression "Seller" refers to the subject indicated in the heading or the subject providing the information services.

2. SUBJECT OF THE CONTRACT

2.1 With this contract, respectively, the Seller sells and the Buyer purchases remotely, using electronic means, the tangible movable goods indicated and offered for sale on the website www.melaniagorinijewellery.com.

2.2 The contract between the seller and the Buyer is concluded exclusively through the Internet by the Buyer accessing www.melaniagorinijewellery.com, where, following the indicated procedures, the Buyer will formalize the contract for the purchase of the goods on the site.

2.3 The purchase contract is concluded by the exact completion of the request form and the consent to purchase expressed through the online adhesion, after viewing a printable web page summarizing the order, which includes the details of the orderer and the order, the price of the purchased item, shipping costs and any additional accessory 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 When the Seller receives the order from the Buyer, they will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the data previously mentioned.

2.5 The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.

3. PAYMENT AND REFUND

3.1 Any payment by the Buyer may only be made using 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 case of exercising the right of withdrawal, as regulated in paragraph 13, point 2 et seq. of this contract, at most within 30 days from the date on which the Seller became aware of the withdrawal itself.

3.3 All communications relating to payments take place 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 the 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 of the offer of the good, as confirmed in the e-mail referred to in point 2.4

4.2 Shipping methods, times, and costs are clearly indicated and highlighted on the FREQUENTLY ASKED QUESTIONS page.

5. PRICES

5.1 All sales prices of the products displayed and indicated on the website are expressed in euros and constitute a public offer pursuant to art. 1336 of the Italian Civil Code.

5.2 The sales prices, as per the previous point, include VAT and any other taxes. Shipping costs and any ancillary charges (e.g., customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded 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 it is unable to execute the order within the times provided by the contract.

6.2 The Seller cannot be held liable towards the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the Internet outside of its own control or that of its suppliers.

6.3 The Seller will also not be liable for damages, losses and costs incurred by the Buyer as a result of the non-performance of the contract for reasons not attributable to it, the Buyer having only the right to a full refund of the price paid and any accessory 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 purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

6.5 In no event shall the Buyer be held responsible for delays or disruptions in payment if they prove to have made the payment within the times and in the manner indicated by the Seller.

7. BUYER'S OBLIGATIONS

7.1 The Buyer undertakes to pay the price of the purchased goods within the times and in the manner 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 For requests for custom orders, the buyer undertakes, after accepting the quote issued by the Seller, to pay a deposit (the amount of which will be agreed upon with the Seller) followed by the payment of the final balance when the product is ready for shipment. If the Buyer refuses to complete the order and proceed with the payment of the final balance, they will lose the deposit paid previously and all rights to the product itself. Orders for custom-made products must be paid in full within 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 stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good.

8.2 In the event that the Buyer decides to exercise the right of withdrawal, they must communicate it to the Seller by email at melaniagorinijewelry@hotmail.com within 48 (forty-eight) hours.

8.3 The return of the goods must, in any case, take place no later than 14 (fourteen) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.

8.4 The only expenses due by the Buyer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller and the shipping costs incurred for sending the package on the outward journey, as well as the commissions requested from the Seller by Paypal and Klarna, which are not refunded to the Seller even in case of return, if the Buyer had used these two payment methods.

8.5 The Supplier will refund the entire amount paid by the Buyer within 30 (thirty) days of receiving the withdrawal notification.

8.6 Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to what is provided for in the preceding points of this article.

8.7 Personalized items or items purchased with discounts are excluded from the right of withdrawal.

9. GROUNDS FOR TERMINATION

9.1 The obligations referred to in point 8.1, assumed by the Buyer, as well as the guarantee of successful payment made by the Buyer by the means referred to in point 3.1, and also the exact fulfillment of the obligations assumed by the Seller in point 4, are essential, so that, by express agreement, the non-fulfillment of even one of these obligations, unless caused by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for judicial pronouncement.

10. CONFIDENTIALITY AND PROCESSING OF BUYER'S DATA

10.1. The Seller protects the privacy of its customers and guarantees that data processing complies with the General Data Protection Regulation (GDPR) in force since May 25, 2018, and previous legislation (Legislative Decree 30 June 2003, n. 196).

10.2 Personal data, including demographic and fiscal information, acquired directly and/or through third parties by the Seller, as data controller, are collected and processed electronically, in relation to the processing methods, with the purpose of registering the order and activating the procedures for the execution of this contract and related necessary communications, as well as fulfilling any legal obligations, and enabling efficient management of commercial relationships to the extent necessary to best fulfill the requested service (art. 24, paragraph 1, letter b, Legislative Decree 196/2003).

10.3 The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose 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 displayed only at the request of the Judicial Authority or other authorities authorized by law.

10.4 Personal data will be communicated, after signing a confidentiality agreement for the data itself, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract (e.g., courier) and communicated exclusively within the scope of this purpose.

10.5 The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, 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 any request, at the registered office or via email at melaniagorinijewelry@hotmail.com.

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 opt-out of marketing communications. You can exercise this right by clicking on the 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 addressed 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 Regulations adopted by it.
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 cannot be waived pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.

13. APPLICABLE LAW AND REFERENCE

13.1. This contract is governed by Italian law.