- SCOPE AND EXECUTION OF THIS AGREEMENT
1.1 These general terms and conditions of sale (hereinafter, the “Conditions of Sale”) govern all the sales and execution of any service by ORO CREA snc di Fogliati Armando, Gilberto Gervasi, Bertone Angelo, with registered office in Via Baldissero n. 21, Vidracco (TO), VAT no. 1062493011, (hereinafter, the “Seller”) through the Internet website www.orocrea.com (hereinafter, the “Website”).
1.2 The relationship governed by this Conditions of Sale will be subject to the provisions set forth by the Legislative Decree no. 70/03 (so called “Decree on the Information Society and the Electronic Commerce”), the Legislative Decree no. 196/03 (“Privacy Code”) and the EU Regulation no. 2016/679 (“General Data Protection Regulation” or “GDPR”), the Directive 1999/44/EC and the Legislative Decree 206/05 (“Consumer Protection Law”), to the extent the contracting party (the “Client”) is a consumer according to the Consumer Protection Law.
1.3 The agreement executed with the Seller through the Website (the “Contract”) is a distance contract. The display of the services on the Website is an invitation to offer. Each order sent through the Website will be a contractual offer to the Seller for the purchase of the services detailed therein and it is subject to Seller’s approval according to clause 3 below. The Contract shall be considered as executed upon the receipt, by the Client, of the declaration of acceptance of the order or, in any case, the execution of the ordered services.
- ACCEPTANCE OF THESE CONDITIONS OF SALE
2.1 These Conditions of Sale shall be read carefully by the Client before placing an order with the Seller for the purchase of any service displayed on the Website (the “Services”) and shall be explicitly agreed before sending the order through the procedure provided by the Website.
3 CLIENT REGISTRATION
3.2 After the registration of the personal account on the Website, the Client will receive an e-mail message that will allow access to his account on the Website and the creation of a permanent account and password. The Client will be responsible for the confidentiality and security of the password and access data to his account. Orocrea is not responsible for any abuse of the Client’s account resulting from access and use of the password and account access data by third parties.
3.3 Orocrea reserves the right, at any time, to modify the information requested for the execution of a new order or the registration requirements. Any change will be indicated on the Website.
4 DESCRIPTION OF THE PRODUCTS AND THEIR AVAILABILITY
4.1 All orders entered into by the Website are subject to the actual availability of the product at the time of the order and acceptance by Orocrea, as indicated below.
4.2 Orocrea is a goldsmith artisan company that creates unique and personalized works, each work is handmade and for this reason each work presents or can present slight differences from other works made on the basis of the same model. For this reason, the photographs on the Website have the sole intent to present the types and models of jewelry available for purchase. In case Orocrea does not have the selected work in its warehouse, a new one will be realized expressly for the Client.
4.3 Orocrea reserves the right to modify the range of items offered on the Site.
4.4 The pages relating to the creations on the Website provide all the information relating to the products currently on sale online: only the works that present the “Add to cart” button are available for sale through the Website.
4.5 The products which have been selected by the Client for purchase form the Website will be temporarily stored in a personal shopping basket for the time of the Client’s visit of the Website. Such temporary storage is not a booking: Orocrea does not ensure that the products stored in the personal shopping basket will be available at the ordering.
5.1 The order placed is subject to acceptance by Orocrea.
5.2 In case of acceptance, Orocrea will send to the Client an e-mail confirmation containing the order summary.
5.3 The Client can correct any errors relating to the shipping data, which occurred during the completion of the order within 24 hours of confirmation, in the same manner in which it was received. Once the term has expired, the order is considered accepted by the parties and the Customer cannot withdraw his consent.
5.4 The accepted order is filed in the computer systems of Orocrea and inserted in its computer systems for its evasion and for the issue of the fiscal documents for delivery and sale.
5.5 The Client will be informed by Orocrea about the estimated time of realization of the purchased product, in case the product is not immediately available or in the case the Client requires a personalization.
5.6 Orocrea, its own discretion, may refuse the order received in the same manner in which the reply communication is sent above order.
5.7 The contract is effectively concluded only at the time of acceptance by Orocrea of the order, by sending the confirmation of the order in the manner indicated above.
6.1 All prices shown on the Website are expressed in euros and include VAT.
6.2 The shipping costs are not included in the purchase price, but are indicated and calculated, based on the destination and value of the products, at the time of the conclusion of the purchase process before the payment is made.
7.1 Payments can be by Bank Transfer or with the Paypal payment method, following the instructions on the Website.
The products will be delivered by express courier to the address indicated by the Client in the order, no later than 30 days from the date of receipt by the Client of the order confirmation email sent by Orocrea, in the event that the products are available for sale at the time of confirmation of the order. In the event that a product is created ex novo or customized by Orocrea following the Client’s request, the Client will receive notification of the product completion and in this case the 30-day term will start from that second communication.
9.1 Orocrea will not be liable for any delay, disruption or failure due to an unpredictable event independent of its will, such as natural calamities, riots, national strikes, fires, etc. In this case, Orocrea will try to adopt solutions that make it possible to avoid, or at least limit, the consequences of force majeure.
10.1 In accordance with the legal provisions in force, the Client has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days from the date of receipt of the products.
10.2 However, pursuant to Article 59, paragraph 1, letter C of the Italian Consumer Code, the right of withdrawal is excluded in the case of works or products made according to customer specifications or that are clearly customized or tailor-made.
10.3 Except for products made according to customer specifications or that are clearly customized or tailor-made, the Client may withdraw from contract by sending any unequivocal statement setting out his decision to withdraw from the contract or alternatively by sending the following standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Orocrea snc, Via Baldissero 21, 10080, Vidracco (TO) ITALY
With this I notify the withdrawal from my sales contract of the following goods
– Ordered on / received on
– Name of consumer
– Address of the consumer
– Signature of consumer (only if this form is sent in paper form)
11 EFFECTS OF WITHDRAWAL
11.1 In case of withdrawal, the Client is entitled to reimbursement of all payments made to Orocrea, including delivery costs. These refunds will be made using the same payment method used by the Client for the initial transaction.
11.2 In case of withdrawal, the Client is obliged to return the goods received from Orocrea at his own expense, without undue delay and in any case within 14 days from the day on which the Client communicated his withdrawal from this contract.
11.3 In the event of withdrawal, Orocrea reserves the right to notify the Client of the details of the courier provided with a value carrier that can carry out this type of shipment.
11.4 The goods must be delivered to the following address:
c/o Damanhur Crea
via Baldissero n.21, 10080 Vidracco (TO), Italia
11.5 The reimbursement will be suspended until receipt of the goods by Orocrea.
11.6 The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
11.7 The goods must be returned intact, in the original packaging, complete in all their parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Orocrea will reimburse the Client within a maximum period of 14 days from the return.
All communications can be made by contacting Orocrea at the e-mail address firstname.lastname@example.org
These sales conditions are subject to Italian law.