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Terms of sale

TERMS OF SALE

Art. 1 GENERAL INFORMATION MANDATORY WITH REGARD TO THE PURCHASER

The seller of the goods and the services is the company ETERN.IT SRL, (hereinafter simply Gabriela Rigamonti Jewels-Online Boutique) which pursuant to and for the purposes of Article 7 of Italian Legislative Decree No. 70 dated 9 April 2003, hereby informs the Purchaser that the goods/services covered by this agreement are marketed and provided by the same company Gabriela Rigamonti (hereinafter simply “Gabriela Rigamonti Jewels-Online Boutique “), with registered offices in Via Zamenhof 709, 36100 Vicenza, Italy, enrolled in the Vicenza Companies’ Register under ETERN.IT SRL
Any communication or request for information may be forwarded in writing to the following address:
Gabriela Rigamonti by ETERN.IT SRL Via Zamenhof 709,36100 Vicenza, Italy or via email to the following address:  sales@gabrielarigamonti.it
Gabriela Rigamonti Jewels-Online Boutique proposes on its website services for the sale of products hereinafter ” Gabriela Rigamonti Jewels-Online Boutique”. 
The users which register and desire to use the Gabriela Rigamonti Jewels-Online Boutique, once they have accepted the general conditions envisaged in this document, shall form part of ” Gabriela Rigamonti Jewels-Online Boutique”. 

The User is informed, and accepts, that access to gabrielarigamonti.it/store does not imply, in any way, the start of a commercial relationship with Gabriela Rigamonti Jewels-Online Boutique. 
 
Action involving mass invitation via ads on the internet, in magazines or via any other means of communication carried out by those registered is strictly prohibited. Gabriela Rigamonti Jewels-Online Boutique shall not be held liable for inappropriate use which may be made with the contents of its web pages, since whomever accesses and uses the same shall be the sole party responsible. Such inappropriate use includes the following conduct (the list is merely by way of example and not limited to):
1. Reproduce or copy, distribute, permit public access via any method of publication, transform or amend the contents unless the authorisation of the holder of the related rights has been obtained or the action is legally permitted.
2. Eliminate, avoid or manipulate the copyrights and other significant information on the rights of the holders incorporated in the web pages of Gabriela Rigamonti Jewels-Online Boutique, as well as the technical protection devices, or any disclosure mechanism which may contain the web pages of Gabriela Rigamonti Jewels-Online Boutique.
3. Use the Gabriela Rigamonti Jewels-Online Boutique web pages available to the users to insert messages which do not have any direct correlation with the contents of the ” Gabriela Rigamonti Jewels-Online Boutique” n particular illegal, unlawful, defamatory contents or anything else which may damage the rights of third parties or cause damage to IT systems.
Gabriela Rigamonti Jewels-Online Boutique reserves itself the right to withdraw any message which in its opinion is inappropriate. 
Gabriela Rigamonti Jewels-Online Boutique declines any responsibility which may derive from the exchange of information between Users via gabrielarigamonti.it/store. Liability for the manifestations disclosed on its web pages is attributable to whomever creates the same.

Art. 2 EXECUTION OF THE AGREEMENT

In order to make purchases it is necessary to register with the website: gabrielarigamonti.it/store. Those registered have the possibility of making all their orders from the pages of said website. Each individual registered with “Gabriela Rigamonti Jewels-Online Boutique” declares that they are fully entitled to use the credit card or other payment instruments which can be used on gabrielarigamonti.it/store and that the same have sufficient credit for covering all the costs relating to the purchases of products via Gabriela Rigamonti Jewels-Online Boutique. 
By selecting the “PAY NOW” button during the purchase process, the registered individual declares that they fully accept all these General Terms and Conditions of Sale without any reservation.
The data registered by Gabriela Rigamonti Jewels-Online Boutique represents proof of the transactions between ETERN.IT srl e-commerce and those registered with its “Online Boutique”. Gabriela Rigamonti Jewels-Online Boutique confirms the orders received via the forwarding of one or more e-mails. 
The prices of the goods supplied, any taxes or duties, as well as any additional costs for shipment and packaging are indicated precisely during definition of the order, therefore before confirmation of the same and before payment. The discount and the comparison of the prices are calculated using the listed prices indicated on the website of Gabriela Rigamonti Jewels-Online Boutique. 
Gabriela Rigamonti Jewels-Online Boutique reserves itself the right to change its prices at any time, but the products are invoiced with the rate in force at the time of confirmation of the orders (by reserving the availability of the goods/services). The products are the property of ETERN.IT srl until full settlement of the amount due. Gabriela Rigamonti Jewels-Online Boutique reserves itself the right to refuse the order of any registered individual with whom a dispute is outstanding.
1. The goods are sold and purchased in compliance with an order made by the Purchaser sent by the same and accepted by the seller in accordance with the formalities indicated in the point below. 
2. The order is subject to these conditions which discipline the agreement, so as to exclude any other condition and formality according to which an order may be made by the Purchaser. 
3. Once the products have been viewed, it will be possible to choose that of interest by selecting the “Add to shopping bag” button, in this way a page summarising the information relating to the price of the product will be displayed. By selecting the “PAY NOW” button, it will be possible to reserve the product desired. On the summary screen, the user may check the types of products they wish to purchase with the related prices and go ahead with the purchase of the same. 
4. Pursuant to Article 13 of the afore-mentioned Italian Legislative Decree No. 70 dated 2003, the seller sends acceptance of the order to the Purchaser via e-mail without unjustified delay, containing a summary of the general and specific conditions applied to the agreement, the information relating to the essential features of the good or service, detailed indication of the price, the payment means, withdrawal, delivery costs and applicable taxes. Once the purchase order has been confirmed, the Purchaser has the possibility to check the details at any time on the specific web page.

Art. 3 PRICES AND RATES

The prices of the goods/services supplied, any taxes or duties, as well as any additional costs for shipment and packaging are indicated precisely during definition of the order, therefore before confirmation of the same.

Art. 4 DESCRIPTION OF THE PRODUCTS

The range present on the website gabrielarigamonti.it/store shows the exact availability of each article by model and by colour.
Once it has received the order request, Gabriela Rigamonti Jewels-Online Boutique reserves itself the right to reconfirm: the availability of the articles purchased; the validity of the transaction via credit card; the verification of any previous transactions carried out by the Customer on the gabrielarigamonti.it/store website. In the event that the articles ordered are not available, or if for some reason the order cannot be carried out as requested by the Customer, Gabriela Rigamonti Jewels-Online Boutique shall promptly inform the Customer.
Gabriela Rigamonti Jewels-Online Boutique undertakes to correct the errors and omissions which should occur in the description of the products as soon as possible.

Art. 5 DELIVERY OF THE GOODS

The products for which the order is accepted by the seller are delivered to the address indicated by the Purchaser in the purchase order, on average within 2 or 3 days of confirmation of the sale and in any event within thirty days as from the day after that when the Purchaser forwarded the order.
All the orders are shipped via the courier DHL. Delivery takes place within three business days by way of approximation. The delivery times are approximate, therefore they are not binding for Gabriela Rigamonti Jewels-Online Boutique in any way and may vary in consideration of the order made (for example unavailability of the product) or for other reasons dependent on the Company appointed to ship the order.
Orders made on Saturdays and/or Sundays and/or on holidays shall be processed as from the first following business day.
Shipment costs are payable by ETERN.IT srl
The Purchasers can receive information on the status of their order by contacting the number +390444914591 during the following business hours: Monday 3.00 p.m. to 6.00 p.m., Tuesday to Friday 10.00 a.m. to 6.00 p.m. or sending an e-mail to the address sales@gabrielarigamonti.it writing their name, surname and order number indicated in the confirmation e-mail received. Each delivery is considered completed at the time when the carrier makes the products available to the Purchaser. It is the Purchaser’s responsibility to check the products at the time of delivery and possibly raise the reservations and complaints which appear to be justified, including the possibility of refusing the package if this has been opened or presents evident signs of deterioration. The reservations and the complaints must be addressed to ETERN.IT srl sent by registered letter with advice of receipt or via e-mail to the addresses indicated in Article 1.
The orders are sent by ETERN.IT srl between Tuesday and Friday during the following hours 10.00 a.m. – 1.00 p.m.. Orders made on Saturdays and/or Sundays and/or on holidays shall be processed as from the first following business day. We wish to remind our new Customers that ETERN.IT srl reserves itself the possibility to request Banca Popolare di Vicenza to contact the Customer’s bank so as to gain approval of the payment flow, so steps can be taken to proceed with the shipment. This check could cause some delay to the shipment of the first order.

At the time of arrival of the goods, the Customers are obliged to carefully inspect the integrity of the package before signing as proof of delivery of the shipment. ETERN.IT srl products are carefully packaged. If for any reason, the package has been tampered with, the Customers must sign the receipt with reservation, or refuse the delivery. In the event that the delivery is accepted by means of an unauthorised signature or there is proof of tampering with the package, the Customers must immediately report the event contacting the number +39 0444914591 or writing an e-mail to the address sales@gabrielarigamonti.it. If for any reason the shipment is not delivered successfully to the address provided by the Customer in the sales agreement, the package will be kept by DHL who will await new agreements for delivery the next day. On the third failed attempt to deliver, the package will be returned to the sender.
The Customers who make an order establish a sales agreement with ETERN.IT srl. and therefore undertake to accept the delivery of their package. If for any reason the Customer refuses the delivery of the shipment or requests that it be returned to the sender, any shipment costs charged to ETERN.IT srl are deducted from any purchase voucher or from the reimbursement of the payment previously made.
Our shipments are insured free-of-charge against theft or accidental damage. Once the shipment reaches its destination, the insurance policy is understood to be terminated.
If you have any questions or require assistance, you can call the number +39 0444914591 during the following business hours: Monday 3.00 p.m. to 6.00 p.m., Tuesday to Friday 10.00 a.m. to 6.00 p.m. or you can send an e-mail to the address sales@gabrielarigamonti.it.
Once confirmed and executed, the orders of articles already available cannot be changed.
Orders made separately are sent separately.

Art. 6 PAYMENT OF THE PRICE

The payment methods accepted by Gabriela Rigamonti Jewels-Online Boutique are PayPal or bank credit transfer.
The forwarding of the payment information via credit card takes place via the highest security standards of PayPal system. The credit card details of the Purchaser are completely illegible to third parties. ETERN.IT srl is not in any way authorized to request or accept credit card numbers and/or details of the validity of the same.
ETERN.IT srl does not take steps to send the products before having received payment.
Shipment costs are payable by Gabriela Rigamonti Jewels-Online Boutique.
In the event of payments made via credit card, the holders of the card or of the accounts care of banking co-operatives or building societies may be subject to authentication and request for authorization. If the Institute issuing the credit card or our Supplier of services should refuse or for any reason not authorize or validate the payment, in such circumstances Gabriela Rigamonti Jewels-Online Boutique shall not be held responsible for the delay in or non-delivery of the products ordered.
In the event of payment via bank credit transfer, the Customer automatically sends an order request to ETERN.IT srl. The order request is confirmed to the Customer via e-mail sent by the Gabriela Rigamonti Jewels-Online Boutique customer service containing the details necessary for the payment. At the time of receipt of the order, the goods are placed to one side pending the arrival of the bank credit transfer into the bank account of ETERN.IT srl. The order request remains active for seven business days, within which the Customer is obliged to make the payment. If within this period the Customer does not make the payment, Gabriela Rigamonti Jewels-Online Boutique reserves itself the right to cancel the order.
The prices indicated are inclusive of Italian VAT.

Art. 7 RIGHT TO WITHDRAW

1. The Purchaser, if it covers the capacity of consumer (or an individual who purchases the goods for purposes not referable to their own professional activities, or does not make the order indicating on the order form to ETERN.IT srl a VAT number reference), has the right to withdraw from the agreement entered into in accordance with the terms of these general conditions, without any penalty within ten business days, as from the day of receipt of the goods by the Purchaser, as per Articles 64 et seq. of the Italian Consumers’ Code (Italian Legislative Decree No. 206 dated 22 July 2005).
The right to withdraw is exercised by the deadline envisaged with the sending of a notice to the address indicated in Article 1, by means of registered letter with advice of receipt. The notice may be sent, by the same deadline, also via telegram or e-mail to the addresses indicated in Article 1. Gabriela Rigamonti Jewels-Online Boutique replies via e-mail providing detailed instructions for the return.
2. If delivery of the goods has taken place, the Purchaser who has communicated withdrawal is obliged to return the goods by means of shipment of the same within a period of time no longer than ten days, as from the date of receipt. The withdrawal of the returns is organised by ETERN.IT srl subject to agreements via telephone with the Customer. The only costs payable by the Purchaser for the exercise of the right to withdraw, in accordance with this article, are the costs for the shipment of the goods to the seller. In the event of payment made before the exercise of the right to withdraw, the seller is obliged to reimburse the sum received within thirty days of the date when awareness was gained of the exercise of the withdrawal.
3. The return of the goods cannot take place in any case if the products supplied have evidently been used. The products must be returned with the protections and original packaging, in perfect condition (not damaged or dirty) with all the accessories, instructions and documentation present at the time of receipt of the package. Returns of packages which do not show any element which permits the identification of the sender (order number, name, address) cannot be accepted.
The communication of withdrawal must contain the following information:
a) order number for which the right to withdraw is exercised;
b) wish to withdraw from the purchase agreement;
c) detail of the articles for which the right to withdraw is exercised;
d) copy of the purchase document (accompanying invoice or receipt);
e) the Customer’s telephone number;
f) the Customer’s bank co-ordinates: complete IBAN, swift code,account number and address of the Bank..
If the requisites expressed by points a, b, c, d, e, f are lacking, the Customer cannot exercise the right to withdraw. The Customer undertakes to maintain, keep and return the products acquired in the original conditions with regard to quality and quantity, including any packaging or accessory (certificates, warranties, manuals, etc.). The supplier shall be responsible for checking the compliance with the requirements indicated above. The returned goods must be sent to the following address: ETERN.IT srl , Via Zamenhof 709, 36100 Vicenza – Italy. The shipment costs are payable by the Customer. In the event of the return of non-integral products or in any event those not effectively purchased from the e-catalogue of the seller, these are resent to the sender with the burden of the shipment costs. The reimbursement to the Customer of the value of the goods for which the right to withdraw has been exercised, takes place after the effective control by the personnel appointed by ETERN.IT srl. The right to withdraw does not apply to products for which the original packaging is missing, which must be complete and undamaged with every accompanying accessory (including manuals, warranties, certificates, etc.).

Art. 8 GUARANTEE OF COMPLIANCE OF THE GOODS

1. The Seller is liable vis-à-vis the Purchaser for any defect in the compliance of the goods purchased pursuant to and for the purposes of the European Directive 44/99/CE and the matters envisaged by the Consumers’ Code (Section III – Legal guarantee and compliance and commercial warranties for consumer goods, CHAPTER I of the sale of consumer goods, as per Articles 128 et seq. of Italian Legislative Decree No. 206 dated 22 July 2005), provided that it exists at the time of the delivery of the good and it manifests within two years as from the moment of receipt of the goods and if it is not a defect known by the Purchaser at the time of entering into the purchase agreement. In any event, non-compliant use of the product with respect to any instructions provided by the seller is not covered.
2. Any defect shall have to be communicated to the seller within two months of detecting the same, sending a registered letter with advice of receipt to the address indicated in Article 1. The date of the postmark of said registered letter shall act as proof between the parties.
ETERN.IT srl reserves itself the right to request photographic proof before authorising returns for faulty goods.
ETERN.IT srl shall undertake the shipment costs for the return of the faulty goods to its premises.
The Purchaser is granted the right to make returns which must be exercised as follows:
1. 1. the Customer is requested to fill in the Return Form and send it within ten working days of the date of delivery of the goods to the e-mail address sales@gabrielarigamonti.it
The withdrawal of the returns is organized by ETERN.IT srl subject to agreements via telephone with the Customer. The shipment of the returns is free-of-charge.
2. The return generates a purchase voucher which can be used once only within three months of the moment of the return. The purchase vouchers are not accumulative. Each purchase voucher must be used in full in an order with a value equal to or greater than (subject to integration of the payment) the price of the returned article. If within a period of three months, the Purchaser does not use the purchase voucher, the agreement is understood to be terminated due to reasons attributable to the Purchaser and authorises ETERN.IT srl to take steps to cancel the possibility of using the purchase voucher with the consequent definitive acquisition of the sum.
3. Returns due to size changes: The article is replaced by the same article in a different size. In the event of lack of availability in stock of the article requested, the generation of a purchase order is envisaged equal to the cost of the returned article. Just one free change of goods is envisaged for each authorized change. Changing the returned article with a different one is not permitted.
4. ETERN.IT srl reserves itself the right to refuse unauthorized returns, or those sent adopting formalities different with respect to those indicated above or sent using couriers other than Fed-Ex. ETERN.IT srl does not accept returned goods if the return is not compliant with all the terms and conditions envisaged by the returns policy.
5. The articles must not present any sign of use. The undamaged article complete with anything which was included in the original package is placed in the specific box which the courier will provide at the time of collection of the package, attaching the return/withdrawal form fully filled in.

Art. 9 PROTECTION OF PERSONAL DETAILS

The seller informs the Purchaser, as per Article 13 of Italian Legislative Decree No. 196 dated 30 June 2003 (Consolidated Privacy Law) containing the provisions protecting individuals and other parties with regard to personal data processing, that the personal data provided by the Purchaser or otherwise acquired within the sphere of the seller’s activities, may be processed in accordance with the afore-mentioned legislation and Italian Legislative Decree No. 171/98 concerning privacy in telecommunications. The personal data is processed electronically by the seller in observance of the utmost confidentiality and is used solely for the execution of the agreement and for the handling of the product purchase order. The communication of the personal data is mandatory for the purposes of the supply of the goods and failure to communicate the same shall represent an impediment to the finalization and execution of said agreement.
The data controller is ETERN.IT srl
No processing of data other than that necessary for the execution of the supply can be carried out without the express consent of the Purchaser. Pursuant to Article 7 of Italian Legislative Decree No. 196/03, the Purchaser has the right to obtain indication of the origin of the personal data, the purposes and formalities for its processing, the logic applied in the event of processing carried out with the aid of electronic instruments, the identifying details of the data controller, the data supervisors and the representative appointed as per Article 5.2, the parties or the categories of parties to which the personal data may be communicated or who may become aware of the same in their capacity as representative appointed in Italy, supervisors or those appointed. The Purchasers also have the right to obtain the updating, adjustment, or when they have any interest in doing so, the supplementing of the data, the cancellation, the transformation in anonymous form or the blocking of the data processed in violation of the law, including that whose conservation is not necessary in relation to the purposes for which the data was collated or subsequently processed, the declaration that the transactions above have been brought to the attention – also with regard to their content – of those to whom the data has been communicated or divulged, except in the case when said fulfillment turns out to be impossible or involves the use of means manifestly disproportionate with regard to the right protected. In conclusion, the Purchasers have the right to fully or partly oppose, for legitimate reasons, the processing of their personal data, even if pertinent to the purpose of the collation, for the purpose of sending publicity material or that for direct sales or for market research purposes or commercial communications. In order to exercise the rights envisaged by Article 7 of Italian Legislative Decree No. 196/03, the Purchasers may address their written request, via registered letter with advice of receipt or e-mail, to the data controllers, sending their request to the addresses as per Article 1.

Art. 10 INTELLECTUAL PROPERTY RIGHTS

Gabriela Rigamonti Jewels-Online Boutique reserves itself all the rights on texts, work, illustrations and images reproduced on the pages of the Gabriela Rigamonti e-commerce.com website in compliance with the copyrights as well as in compliance with Intellectual Property rights. In this connection and in accordance with the provisions of the law on intellectual property rights, the utilisation solely for private use is authorised subject to differing provisions, including additional restrictions of the code on Intellectual Property rights. Any other use takes on the form of forgery and is subject to sanctions in compliance with Intellectual Property rights, unless written authorisation has been granted by Gabriela Rigamonti Jewels-Online Boutique. All the total and partial reproductions of the Gabriela Rigamonti Jewels catalogue present on gabrielarigamonti.it/store are strictly prohibited.

Art. 11 RESPONSIBILITY AND SETTLEMENT OF DISPUTES

The photographs and texts reproduced to illustrate the products offered are not contractual. Consequently, Gabriela Rigamonti Jewels-Online Boutique shall not be held responsible in the event of errors in any advertising of the products on sale. Gabriela Rigamonti Jewels-Online Boutique shall not be held responsible for damages caused, either material, immaterial or corporal, which may emerge from malfunctioning or from unsatisfactory use of the products marketed. 
Gabriela Rigamonti Jewels-Online Boutique’s responsibility, in any case, is limited to the amount of the order and cannot be requested for simple errors or omissions which occur despite all the precautions adopted in the presentation of the products. 
 Gabriela Rigamonti Jewels-Online Boutique is not responsible, vis-à-vis the Purchaser or a third party, for any indirect damage, loss or other shortfall which have come about for any reason, even if they were reasonably envisageable. Without limiting the previous clauses the responsibility of Gabriela Rigamonti Jewels-Online Boutique, according to these general conditions, cannot exceed a sum equal to the amounts paid or to be paid for the transaction which gave rise to said responsibility, whatever the cause or form of the action in question.
 Gabriela Rigamonti Jewels-Online Boutique cannot be considered responsible for breach of contract in the case of damages in the stocks or unavailability of the product, unforeseeable circumstances, unrest or total or partial strikes, in particular of the postal service and means of transport and/or communication, flooding or fire. In the event of dispute, the Purchaser will turn to Gabriela Rigamonti Jewels-Online Boutique to obtain an amicable settlement. With regard to all the civil disputes concerning this agreement or associated with the same, which might arise between the parties, the binding territorial jurisdiction is that of the court for the place of residence or domicile of the Purchaser, if located in Italy, as established by Article 63 of Italian Legislative Decree No. 63 dated 6 September 2005 “Consumer Code”; if located outside Italy, the court with jurisdiction shall be identified in compliance with the provisions of Regulation (CE) 44/2001 or, if not applicable, the Brussels Convention dated 27 September 1968. If the Purchaser is not a consumer, the Vicenza Court is exclusively competent in Italy.

Art. 12 ACCESS TO THE AGREEMENT AND THESE GENERAL CONDITIONS

A copy of these General Terms and Conditions, pursuant to Article 12.3 of Italian Legislative Decree No. 70 dated 9 April 2003, can be downloaded and saved on the Computer of the Purchaser here:
download General Terms and Conditions
A copy of the orders forwarded by the Purchaser and disciplined by these general agreement conditions is kept in electronic form in the database of the servers managed by Gabriela Rigamonti Jewels-Online Boutique, located in Italy. Upon the request of the Purchaser, the documents can be provided in electronic format by means of sending them to the e-mail address indicated by the Purchaser without additional costs, or in paper-based copy form subject to payment of the costs for reproduction and sending of the same. From the moment of acceptance of the order, the computerised system generates a confirmation of the order and of the general conditions of the agreement which is sent to the e-mail address indicated by the Purchaser.

Art. 13 AMENDMENTS TO THESE GENERAL CONDITIONS

Gabriela Rigamonti Jewels-Online Boutique reserves itself the right to amend these general terms and conditions of sale without notice, being able to change, eliminate or add to both the contents and the services which are provided via the website and the format in which they appear or with which they are represented on its servers. These changes come into force as from the moment of their publication on the website gabrielarigamonti.it/store and are understood as accepted by the Purchaser each time a purchase is made via the website gabrielarigamonti.it/store. Those registered with “Gabriela Rigamonti Jewels-Online Boutique” who do not agree with the amendments to the general conditions, must inform the same and, as from the date when the new version comes into force, must cease to use the services of gabrielarigamonti.it/store. In the event that any of the terms of the general conditions are illegal or unenforceable, they will become null and void by full right and the agreements between the parties shall apply and, in the absence therefore, the matters envisaged by the Italian Civil Code.

Art. 14 COMPREHENSIVITY

The purchase does not involve other liabilities, obligations or expenses for the Purchaser other than those established in the agreement.