Terms and Conditions
General Terms and Conditions of Sale 1. Introduction 1.1 The offer and sale of products on our website www.flaminiabarosini.com (hereinafter the Website) are governed by the following General Terms and Conditions of Sale (hereinafter the Conditions) which apply to anyone who visits or makes a purchase on the Website. 1.2 The Conditions may be subject to change, it being understood that the applicable Conditions are those in force at the time the order is placed by the Customer. 1.3 Access and use of this Website, as well as the purchase of products, imply the reading, knowledge and acceptance of these General Terms and Conditions of Sale. 1.4 The products purchased on this Website are sold by Flaminia Barosini, VAT no. 12259161003, via cassia 1418, 00123 -, Rome (hereinafter the Seller). 1.5 Anyone browsing the Website is solely and exclusively responsible for the use of the Website and its content. Viewing the Website, purchasing our products and the possibility of obtaining information about them is an activity that each user carries out for personal use and unrelated to commercial activity. 1.6 Each user is solely responsible in the event that the information and data provided are false, incorrect or relate to third parties who have not given their consent. 1.7 The Seller is not responsible for any damage to the user caused by browsing the Website and the user assumes all risks in this regard. 1.8 The user is responsible for the custody and correct use of their personal information, including the credentials that allow access to reserved services, as well as any harmful consequences or prejudice that may arise for the Seller or third parties as a result of incorrect use, loss, or theft of such information. 2. Order 2.1 The purchase order (hereinafter the Order) must be placed using the appropriate form available on the Website. 2.2 The Seller reserves the right not to accept purchase orders: – from countries outside the European Community; – with a delivery address without a contact person, at hotels or post office boxes; – if it is not possible to reach the user who placed the Order; – in case of doubt about the validity of the Order. 2.3. After placing the Order, the Seller will send the customer an email confirming the Order itself. Subsequently, the Seller, always by email, will inform the customer about the shipment of the products. 3. Price 3.1 The prices indicated on the website are in euros, including Italian taxes (European VAT and other applicable taxes). Packaging, packing and transport costs are included in the final price. 3.2. For deliveries within the European Community, no customs duties are applied; outside the European Community, customs costs are borne by the customer. 3.3. The Seller reserves the right to change prices at any time. Products already ordered will be invoiced based on the prices in force at the time the Order was received. 4. Warranty and Liability 4.1. Jewellery products are made of bronze, brass or silver, with the use of stones, enamels and leathers, as indicated in the respective product sheets. Their processing is carried out by hand through an entirely manual process that ensures their authenticity. These metals, depending on the skin's pH, may cause colour loss on the skin. Any imperfections or alterations express the value and uniqueness of each piece. All jewellery made is nickel-free. 4.2 All products are covered by a two-year legal guarantee of conformity. 4.3 Defective products that the customer returns during the two-year warranty period will be replaced or repaired by the Seller, with any form of refund or compensation expressly excluded. 4.4 The warranty is recognized if the following conditions are met: – the customer has notified the Seller by email of the return of the defective products; – the defect is not due to abnormal or improper use, an accident or an external cause (such as intervention on the product by unauthorized persons); – the defect is not due to wear or normal aging. 4.5 Shipping and return costs for products remain entirely at the customer's expense. 4.6. The Seller declines all responsibility in the event that the delivered products do not comply with the legislation of the non-EU country to which they are eventually delivered. 4.7 The Seller undertakes to provide the attention required for this work to guarantee the service offered to the customer. However, the Seller is in no way responsible for the non-fulfillment of contractual obligations due to unforeseen circumstances or force majeure, as established by Italian legislation. Furthermore, in case of non-substantial differences between the presentation photos of the products on the Website, the texts, illustrations and ordered products, the Seller is in no way responsible. 4.8 The Seller is in no case responsible for loss of profits, commercial losses, loss of information, loss of earnings or any other indirect or unforeseeable damage at the time of using the Website or concluding the sales contract with the customer. 5. Payment 5.1 For the payment of the price of the products, only the use of the PayPal method is provided as indicated in the purchase form. All payments must be made in Euro currency. 5.2 The data provided to make the payment will be used by the Seller only and exclusively to complete the procedures related to the purchase and to issue the relevant refunds in case of any returns of the products. The debit of the purchase price of the products, as indicated in the purchase form, will be made to the Customer's current account at the time of purchase of the products. 6. Retention of Title The purchased products remain the property of the Seller until delivery to the carrier. 7. Product Availability and Delivery 7.1 The purchased products will be delivered to the address indicated in the Order, together with the relevant invoice, within 15 days from the shipment of the Order confirmation referred to in the previous article. 2.3 or, in the case of a product available only by order, it will be delivered within the different times specifically indicated in the Order confirmation. 7.2. In case of payment by bank transfer, the delivery date will start from the moment the payment is credited. 7.3 The terms indicated in the previous article. 5.2 should be considered indicative. In case of delay, the Seller will contact the customer via email or telephone as soon as this information is available. 7.4 If, despite the acceptance of the Order, a product is not available or cannot be delivered, the Seller will promptly inform the customer via email and the Order will be cancelled. In this case, the customer will only be entitled to the return of the price paid, with any other form of compensation expressly excluded. 8. Customer Service Any information can be requested through our assistance services by writing to sales@flaminiabarosini.com or by calling +393337509903 9. Right of Withdrawal – Returns and Size Exchanges 9.1 Purchases made on the Website are regulated by Legislative Decree 185 of 22 May 1999. The customer can withdraw from the contract by written communication via registered mail with return receipt to be sent to via cassia 1418, 00123 ROME within 14 working days from the receipt of the products. Communication can also be made by telegram or fax to the number (06 3207885) provided that it is confirmed by registered letter with return receipt within the following 48 hours. In any case, we recommend the customer to contact us at +39 3337509903 to facilitate the refund procedure which will take place via bank transfer or postal order once the return or size exchange has been received, which must be in the same condition as it was shipped. 9.2 Shipping costs will be borne by the customer for both returns and size exchanges. 9.3 The right of withdrawal – in addition to complying with the terms and conditions described in the previous articles – is considered correctly exercised if the following conditions are also fully met:
the products must not have been used or damaged;
the products must be returned in their original packaging, together with the relevant invoice.
9.4 In the event that the products for which the right of withdrawal has been exercised are damaged or have suffered a decrease in value due to their use, the Seller reserves the right to deny the right of withdrawal or to charge a cost to the customer by way of compensation. 10. Times and Methods of Refund in case of Exercise of the Right of Withdrawal 10.1 After the return of the products, the Seller will verify that the products have not been damaged or tampered with. If the checks are successful, the Seller will send the customer, by email, the relevant confirmation of acceptance of the returned products. 10.2 The refund of the price paid will be made by the Seller as soon as possible and in any case within fourteen (14) days from the date of confirmation of acceptance of the returned products by PayPal or bank transfer. 10.3 If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be made to the person who made the payment. 11. Website Access and Property Rights 11.1 The Seller grants access to the Website and its use by the customer exclusively for the customer's personal use. 11.2 The contents of the Website are protected by copyright and any other industrial and intellectual property rights of the Seller and other rights holders. The Flaminia Barosini jewellery designer brand and logo, as well as the domain www.flaminiabarosini.com are registered. 11.3 The customer is never authorized to download, reproduce, copy, sell, exploit or modify a part or the entirety of the Website (in particular the listed products, descriptions, prices, download or copy information, use data, programs, sound content, graphics, images, texts, photographs, tools) without written and explicit authorization from the Seller. 11.4 The Website may contain links to other websites. These sites are, in no case, under the control of the Seller who is not responsible for the accuracy, compliance with intellectual property rights, legality, decency or any other aspect of the content of such sites. 12. Protection of Personal Data 12.1 The Seller undertakes to protect the customer's personal data. All personal data concerning the customer that the Seller has collected are processed in strict confidentiality, in accordance with current privacy laws. 12.2 The customer's personal data collected by the Seller from the products the customer chooses, are used exclusively to fulfil the customer's order in the best possible conditions and to offer the customer suitable offers. 12.3 The customer's personal data are never rented, ceded or sold to third parties for purposes other than the fulfilment of the customer's order. 12.4 The customer has the right to access and modify all personal information through the secure interface for managing their personal account. 12.5 Non-personal data collected by the Seller from users' browsing on the Website are used to improve the service offered to customers, in particular the ergonomics of the website, the products presented and customer relations. 13. Applicable Law and Dispute Resolution These Conditions are governed by Italian law and any dispute that may arise regarding the use of the Website and/or the purchase of products will be devolved to the exclusive jurisdiction of the Court of Rome.