The term "online sales contract" refers to a contract of sale relating to tangible movable property belonging to the Supplier, which is entered into by this party and the Purchaser in a distance selling environment, using telematic means, managed by the Supplier.
The term "Purchaser" refers to the consumer as a natural person who performs the purchase, to which this contract relates, for purposes unrelated to commercial or professional activities in which they are potentially involved.
The term "Supplier" refers to the subject who performs the sale of the goods to which the present contract relates
IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
The goods to which the present general conditions relate are offered for sale by DROP SRL with headquarters at Montegranaro (FM), Via Sandro Pertini 1, registered with the Macerata Chamber of Commerce, Register of Companies no. 01383870431, tax identification number 01383870431, IVA (VAT) number 01383870431.
Expressly declares to have performed the purchase for purposes unrelated to commercial or professional activity pursued and undertakes to not to trade in the goods purchased.
OBJECT AND CONCLUSION OF THE CONTRACT
By means of the present contract, the Supplier sells and the Purchaser acquires, respectively, remotely via telematic means, only the tangible movable property indicated and offered for sale on this site.
The contract between Supplier and Purchaser is conducted exclusively over the internet following the Purchaser accessing the address of the present site, if, by following the procedures outlined, the Purchaser formalises an offer for the purchase of the goods offered for sale.
The purchase contract is conducted by means of irrevocable order by the Purchaser through the compilation and online sending of the order form, visible on the order summary web page and printable, which lists all of the customer's details and those of the order, the cost of the goods purchased and the shipping cost, methods and terms of payment, the address to which the goods will be delivered. When the Supplier receives the order from the Purchaser he will send a confirmation e-mal and/or provide for the visualisation of a confirmation and summary web page, printable, in which the information inputted by the purchaser on the order form is listed. The contract is considered to be have been processed and is effective between the parties only upon execution of the order and issue of the relevant invoice. Until that moment, the Supplier retains the right to refuse the order. The sales invoice is issued by Drop Srl in paper form and included in the package containing the products ordered.
METHOD OF PAYMENT AND REIMBURSEMENT
The Supplier exclusively accepts advance payment for the products ordered by means of the main Credit Card issuers (Mastercard and Visa) and PayPal. Credit card details are handled directly by Wirecard or other banks, specialising in the handling of online payments. PayPal details are handled directly by PayPal. The information is encrypted using latest generation encryption systems which prevent third party use, and is sent directly to the bank. The Supplier reserves the right to request PayPal or the bank to verify the genuineness of ownership of the card in the case of problems. Following this verification, in the event of a positive outcome,the process of concluding the contract and delivering the order will begin, provided there are no further impeding factors. Any potential refund to the Purchaser, should he be entitled to such, will occur by means of credit card payment transfer or PayPal refund, within a maximum of 30 days from the date in which the Supplier becomes aware of the cause which gives rise to his right to a refund.
DELIVERY TIMES AND METHODS
The Supplier will send the ordered products via UPS, DHL or FED-EX couriers or by EMS. Order fulfillment time may vary, from same day to a maximum of 5 working days from the time of the order, within which time the invoice will be issued with the consequent acceptance of the order, and its execution will begin. Where the Supplier is not in a position to send the goods within the time frame specified, timely notice will be given via e-mail to the Purchaser, specifying the time by which the order will be fulfilled. Delivery times may vary depending on the delivery Country and other factors not directly subject to the control of the Supplier and not attributable him.
SHIPPING AND DELIVERY COSTS
The Supplier ships within the EC Countries, USA and Canada using the DDP (Delivery Duty Paid) method, therefore, in the case of these destinations, the merchandise will arrive directly to the delivery location without need for the payment of amounts further to that already paid at the time of placing the order. For all other Countries the DDU (Delivery Duty Unpaid) method is in place, therefore the courier may present a separate invoice requesting payment of duties and taxes imposed by local authorities. Purchasers not resident in an EC Country, in USA or in Canada are advised to inform themselves of the local taxes and duties before placing an order with the Supplier
GOODS INSURANCE AND SUPPLIER RESPONSIBILITY
The supplier insures products against theft and accidental damage from the moment of delivery to the courier to the moment it reaches its destination. The supplier, furthermore, is not liable to replace, or issue credit for goods which have been tampered with, damaged or lost during transport.
All product sales prices advertised and indicated on this internet site are expressed in euro (€) or in US Dollars ($) or in Great British Pounds (£) and constitute an offer to the public in accordance with art. 1336 c.c., they include VAT and all other charges relative to delivery within EC territory, USA and Canada. For delivery to Countries outside the EC, Usa or Canada as stipulated in point 6), the courier may request that the Purchaser pay further amounts to cover local taxes and duties. Shipping costs are indicated and calculated during the purchase process prior to the placement of the order by the Purchaser and further listed on the fulfilled order summary page. The prices indicated corresponding to each of the goods offered to the public are valid up to the moment in which the order is placed and indicated on the order summary page. Furthermore, the Supplier may alter prices and conditions at any time. In relation to the Purchaser, that which appears on the order summary page will be considered valid.
he supplier, by means of the telematic system used, ensures that the order will be processed and executed without delay. In the event that an order exceeds the quantity available in the warehouse, the Supplier, will advise the Purchaser, via e-mail, as to whether the product is no longer available for order or as to the waiting times for relative to the chosen product, and request confirmation as to whether he wishes to proceed with the order. The Supplier's computer system will confirm registration of the order in the shortest time possible, and will notify the user via e-mail confirmation, which is not legally binding, constituting simply a summary of the order.
LIMITATIONS OF RESPONSIBILITY
The Supplier does not accept any responsibility for poor service attributable to acts of God, in cases where it is not possible to execute the order in the times foreseen by the contract. The Supplier will not be held Responsible towards the Purchaser, except in cases of fraud or serious misconduct, for poor service or malfunction relating to use of the internet which is outside his control or the control of his sub-suppliers. The Supplier, furthermore, is not responsible for damages, losses or costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him; the Purchaser is only entitled to a full refund of the price paid. The Supplier assumes no responsibility for any fraudulent and illicit use by third parties of credit cards, for the payment of the purchased products where he can demonstrates that he employed all ordinary cautionary measures available to him and in keeping with normal diligence.
RESPONSIBILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: OBLIGATIONS OF THE SUPPLIER
The Supplier will not be held responsible for consequences deriving from a defective product if the defect is due to the product conformity, a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge, at the moment in which the producer released the product, did not allow for it to be considered defective. No compensation will be owed where the damaged party is aware of the product's defect and of the danger which derives from it, or in the case that he voluntarily exposes himself to that danger. In all cases the damaged party must prove the defect, the damage and the causal link between the defect and the damage. The damaged party may request compensation for damages resulting in death or bodily injury or the destruction or deterioration of a thing other than the defective product, provided that it is of a sort normally destined for private use or consumption and therefore principally used by the damaged party. The damage to things referred to in art. 123 of the consumer code will be, in any event, recompensable only where it exceeds the sum of threehundredandeightyseven euro (387 euro).
GUARANTEES AND METHODS OF ASSISTANCE
The Supplier responds to all potential verified faults or defects attributable to him on condition that the fault or defect is reported by registered post to Drop Srl, Via Sandro Pertini 1, Montegranaro (FM), or via fax to no. +39 0733 774504, or e-mail to email@example.com, within eight days of delivery. It is not necessary to report the defect if the seller recognises the existence of the defect or conceals it.
OBLIGATIONS OF THE PURCHASER
The Purchaser undertakes to pay the price of the goods purchased in accordance with the times and methods indicated in the Contract. The Purchaser undertakes, upon conclusion of the online purchase process, to print and conserve the web page which carries details of the order. The information contained in this contract has, furthermore, already been viewed and accepted by the Purchaser, who acknowledges it, as at the moment of finalising the order a referral to the present web page appears.
RIGHT OF WITHDRAWAL
The Purchaser is entitled to withdraw from the contract entered in to, without penalty or obligation, within 21 (twentyone) days, of the date of placing the order. In the event that the Purchaser opts to avail of his right of withdrawal, he must notify the seller using the appropriate form included in the Purchaser section of this web site. In all cases, to avail of the right to a full refund of the price paid, the goods must be returned in full, with the tag and/or seal complete and not removed, and must not be used or worn. The only costs incurred by the purchaser for exercising his right of withdrawal referred to in this article is that of returning the goods to the Supplier and the duties paid by the Supplier to receive the package. To this end it should be clarified that shipments from outside of CE Countries have import duties to be paid by the Supplier and that they can only be returned if accompanied by the "cites" certificate issued by the competent authority when necessary. Purchasers wishing to return goods from outside CE are advised to consult the competent authorities before sending. Goods not normally allowed through customs will be refused and will not be reimbursed. The Supplier will reimburse the amount of the product returned excluding the custom duties paid by the Supplier to the Purchaser following withdrawal within 30 (thirty) days of receipt of notification of withdrawal on the condition that within this period the goods are returned in their original state and not worn.
The Purchaser that are not shipping from USA or Canada must send the returned goods to the following address: Boutique Cesare Paciotti - Via Sant'Andrea, 8 - 20121 Milano (MI) - Italy
The Purchaser that are shipping from USA or Canada must send the returned goods to the following address: Cesare Paciotti Boutique (Ref. E-commerce) c/o Bal Harbour Shops - 9700 Collins Avenue, Bal Harbour, FL 33154 - USA
The returned goods of Paciotti Jewels must be sent to the following address: Drop Srl - Via Sandro Pertini 1 - 63812 Montegranaro (FM) - Italy
The Supplier grants the Purchaser the opportunity to exchange goods on the basis of size or for defects which fall under the same article. To obtain an exchange of goods, the Purchaser is obliged to fill out, within 10 (ten) working days of receipt, the form in the relevant section of this website, indicating the code of the article or articles that he intends to exchange and the size which he wishes to obtain in exchange. Upon receipt of the request the Client Assistance office at Drop Srl will send the Purchaser written confirmation, containing the number authorising the goods exchange. The Purchaser must quote this goods exchange authorisation number on the label of the goods package being returned. In all cases the costs of transport for exchanges and the eventual import duties paid by the Supplier are the burden of the Purchaser. The Supplier only incurs the cost necessary to ship the requested exchange product. The Supplier reserves the right to request photographic proof prior to authorising returns or exchanges of products deemed defective. In the case of defects the Supplier will also cover the costs necessary to return the product to his warehouse. Exchanges or returns of products which have been tampered with, worn, washed or altered in any way are not accepted. It is the Purchaser's responsibility to insure the transport of exchange goods; in the case of theft or loss, goods will not be reimbursed. Sales articles and custom-made articles cannot be returned.
PROTECTION OF CONFIDENTIALITY AND HANDLING OF PURCHASER'S DATA
The Supplier undertakes to protect the privacy of his Purchasers and guarantees that data is handled in conformity with the regulations on privacy referred to in D.Lgs. 30 June 2003, n. 196. Personal and fiscal data acquired directly and/or through third parties by the Supplier, will be collected and handled in paper, computer or telematics form, relative to the methods of handling with a view to registering the order and activating the processes for the execution of the present contract and necessary communication relative to it, as well as the fulfillment of any legal obligations, and allowing an effective management of commercial relations to the degree necessary to best manage the service required (art. 24, comma 1, lett. b, D.Lgs. n. 196/2003). The Supplier undertakes to handle data and information provided by the Purchaser with confidentiality and to not reveal them to unauthorised persons, or use them for reasons other than those for which they were collected, or transmit them to third parties. This data may only be divulged at the request of legal authorities or other legally authorised parties. Personal data shall be communicated, following the undersigning of an undertaking of confidentiality with regard to it, only to persons charged with performing the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose. The Purchaser enjoys the rights referred to in art. 7 of the D.L.vo 196/03, that is the right to obtain: a) updates, rectification or, where appropriate, the integration of data; b) cancellation, transformation into anonymous form or a block on the data handled in violation of the law, including that for which conservation is not necessary for the reasons for which the data was collected or subsequently handled; c) certification that the operations referred to in letters a) and b)and their contents have been brought to the attention of those to whom the data has been communicated or spread, except in the case that fulfillment of this is impossible or requires an effort manifestly disproportionate to the right protected. The interested party also has the right to oppose, completely or partially: i) for reasons legitimate to the handling of personal data that regards him, where pertinent to the objective of the collection; ii) to the handling of personal data which regards him with a view to sending advertising or direct sales material or for reasons of market research or commercial communication. Communication of the Purchaser's personal data is a necessary condition for the correct and timely execution of the present contract. Without it, the Purchaser's request cannot be fulfilled. In any event, the data acquired will be conserved for a period of time no greater than that necessary to the objective for which it has been collected and subsequently handled. Its removal will occur in a secure manner. The party in charge of the collection and treatment of personal data is the Supplier, to whom the Purchaser can direct all requests to the company headquarters at Montegranaro (FM) at Via Sandro Pertini 1. All communication that arrives to the postal address (and to the electronic address firstname.lastname@example.org) of the Centre (requests, suggestions, ideas, information, material etc) will not be regarded as information or data of a confidential nature, must not violate the rights of others and must contain valid information which is not harmful to the rights of others and factual, in any case the Centre accepts no responsibility for the content of the messages themselves.
COMMUNICATIONS AND COMPLAINTS
In accordance with art. 12 of the D.L.vo 70/03 the Supplier informs the Purchaser that all orders are conserved in digital form on the server which hosts the site in accordance with confidentiality and security criteria.
METHOD OF ARCHIVING THE CONTRACT
Written communication directed to the Supplier and any complaints will be considered valid only when addressed to Drop Srl, Via Sandro Pertini 1, Montegranaro (FM), or transmitted via fax to n. +39 0733 774504, or sent by e-mail to email@example.com. The Purchaser indicates in his registration form the residence or domicile, telephone number or e-mail address to which he wishes to receive communication from the Supplier.
SETTLEMENT OF DISPUTES AND RELEVANT LAW
For all disputes arising from the present contract in which the Parties intend to adhere to Ordinary Judicial Authority, jurisdiction resides with the authorities in the Purchaser's place of residence.
The present contract is governed by Italian law.
DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies that the Purchaser has accepted these general conditions.
These conditions may be updated or modified directly through the transcription of the new regulation on this site. Modifications or updates will be valid and effective for orders which have not yet been typed and those for which the web page which summarises the details of the order has not yet been viewed and printed.