These conditions are valid only between the company Modula gioielli s.a.s. of Ruotolo Patrizia, with legal address at Via circumvallazione, 185 - 80059 Torre del Greco (NA), REA NA-779207, VAT number 05840671217,hereinafter referred to as "Modula Gioielli s.a.s'" and any person who purchases online on the website www.modulagioielli.com hereinafter referred to as '' CUSTOMER ''. These conditions can be subject to changes and the date of publication of the same on the website is egual to the date of application.
The present rules govern the purchases made on the www.modulagioielli.com website, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 in the fiele of electronic commerce.
ARTICLE 1 - SUBJECT OF THE CONTRACT
With these general sales conditions, Modula Gioielli s.a.s. sells and the CUSTOMER remotely purchases the movable tangible property indicated and offered for sale on the website www.modulagioielli.com The contract is concluded only through the web-based network, through the CUSTOMER access to www.modulagioielli.com and the creation of a purchase order according to the procedure provided for by the site.
The customer undertakes to read these general conditions of sale before proceeding to confirm their order, especially the pre-contractual information provided by Modula Gioielli s.a.s. and to accept them by affixing a flag in the check box labeled
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general sales conditions, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF LEGISLATIVE DECREE 206/2005
The CUSTOMER before the conclusion of the purchase contract, examines the characteristics of the goods that are illustrated in the individual files product at the moment of the CUSTOMER's choice.
Before validating the order with "payment obligation", the CUSTOMER is informed about:
· Total price of the goods including taxes, with details of delivery charges and any other costs;
· Terms of payment;
· Period within which it Modula gioielli s.a.s. undertakes to deliver the goods;
· Conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
· Information that the CUSTOMER must support the cost of return of the goods in case of withdrawal;
· Existence of the legal guarantee of conformity for the goods purchased; - conditions of after-sales assistance and commercial guarantees provided by Modula gioielli s.a.s.
Before the conclusion of the contract,he CUSTOMER may at any time and in any case take note about information related to Modula gioielli s.a.s., geographical address, telephone and fax number, e-mail address, information that is reported, even below:
Modula Gioielli s.a.s. of Ruotolo Patrizia
Legal address: via circumvallazione, 185 - 80059 - Torre del Greco (NA)
tel. 081.8494386 - Fax 081.8494386
ARTICLE 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by Modula gioielli s.a.s. to the CUSTOMER of an order confirmation e-mail. The e-mail contains the data of the CUSTOMER and the order number, the price of purchased goods , the delivery charges and the delivery address to which the goods will be sent and the link to print and store the copy of these conditions.
The CUSTOMER undertakes to verify that the personal data are correct. These data are contained in the email and to promptly notify Modula Gioielli s.a.s. any corrections / changes to be made.
Modula Gioielli s.a.s. undertakes to describe and present the items sold on the web-site in the best possible way. Nevertheless ,there could be some mistakes , inaccuracies or small differences between the product shown on the site and the actual product. Furthermore, the photographs of the products presented on www.modulagioielli.com don’t constitute a contractual element,because they are only representative.
Modula Gioielli s.a.s. undertakes to deliver the goods within 30 days that starts from sending by Modula Gioielli s.a.s. to the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - AVAILABILITY OF PRODUCTS
The availability pf producuts refers to effective availability at the time when CUSTOMER ordering . This availability must however be considered only indicative because:
· The products could be sold to other CUSTOMERS before order confirmation, due to the simultaneous presence on the web-site of several users;
· It could happen a computer fault that make a product available for purchase that it’s actually not.
Even after sending the e-mail for the order confirmation sent by Modula gioielli s.a.s., there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the disposal of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will be also informed of the arrangement and timing of reimbursement of amount which may have been paid.
ARTICLE 5 -METHODS OF PAYMENT
Any payment by the CUSTOMER William’s take place only using the credit cards indicated on the website www.modulagioielli.com, by bank transfer, with the Paypal payment method or by credit card. In case of payment by credit card, the effective charge of the order amount will take place only when the order is complete and ready for shipment.
In case of payment by Paypal, the actual charge will be made at the time of sending by Modula Gioielli s.a.s. of the order confirmation e-mail.
The communications relating to the payment and the data communicated by the CUSTOMER at the time this is carried out take place on special protected lines. The security pf payment with credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - PRICES
All the selling prices of the products shown on the website www.modulagioielli.com are expressed in Euros and include VAT and where provided the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and established at the end of the purchase process before the payment.
The CUSTOMER accepts the entitled of Modula Gioielli s.a.s. to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the web-site at the time of order creation and indicated in the confirmation e-mail sent by Modula Gioielli s.a.s. to the client.
In case of computer error, manual, technical, or any other nature that could lead to a substantial change, unplanned by Modula Gioielli sas, of the sale price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be repaid within 14 days from the day of cancellation.
ARTICLE 7 - RIGHT TO WITHDRAWAL
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without giving any reason , by the end of 14 days from the date of receiving the product.
The CUSTOMER who wants to exercise the right to withdrawal shall carry out the online procedure on his account (visit the page on returns), and notify to Modula gioielli s.a.s. by an explicit statement, which can be sent by a.r registered post or by certified mail: "email@example.com"
The CUSTOMER may also exercise the right to withdrawal by sending any explicit statement which contains the decision to withdraw from the contract or otherwise send the standard withdrawal form pf Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form under art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Modula Gioielli s.a.s. of Ruotolo Patrizia
headquarters tel. 081.8494386 - Fax 081.8494386
With this I / we () notify / notify () the withdrawal from my / our() sales contract of the following goods / services ()
- Ordered on () / received on ()
- Name of consumer (s)
- Address of the consumer (s)
- Signature of consumer (s) (only if this form is sent in paper version)
(*) Delete the unused wording.
In case of exercise of the right to withdrawal, the CUSTOMER is required to return the goods within 14 days since the day he communicated to Modula gioielli sas "his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206 / 2005.
The goods must be returned to Modula Gioielli s.a.s. of Ruotolo Patrizia, in its own laboratory in Torre del Greco 80059 via cimitero, 7
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and possible documentation and accessory equipment: and complete with the attached tax records. Without prejudice to the possibility to verify compliance with the above, Modula Gioielli sas will provide to reimburse the amount of the products that are subject to withdrawal not later than 14 days.
As required for in the article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Modula Gioielli s.a.s. may suspend the reimbursement until recepttion of the goods or until the demonstrates of the CUSTOMER to have sent the goods back to Modula Gioielli s.a.s.
Modula Gioielli s.a.s. will make the refund using the same payment method chosen by the CUSTOMER during the process of purchase. In case of payment made by bank transfer, and if the CUSTOMER wants to exercise his right of withdrawal, he must provide to Modula Gioielli sas, by accessing the section contact us,the bank details: IBAN, SWIFT and BIC necessary for the carrying out reimbursement, from Modula Gioielli s.a.s.
In case of withdrawal for the purchase carried out with a gift card and loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher identified with a promotional code that will be sent to the CUSTOMER's email address or in case of withdrawal exercised at a sales point, the amount will be returned with a purchase voucher delivered to the CUSTOMER.
The purchase voucher will be valid for one year and can be used by the CUSTOMER for subsequent purchases in a single payment.
* It is understood that in the event of a product defect the shipping costs will be supported by. Modula Gioielli s.a.s in any case.
ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY
In case t of receipt of defective products or in any case non-compliant with the orders made, the CUSTOMER has the right to restore, without charge of conformity of the product by repairing or replacing the product. The CUSTOMER can exercise this right within 14 days of delivery. On condition that the product hasn’t been worn and / or used and / or damaged in any way by the use of the CUSTOMER.
In order to exercise this right, the customer has to proceed with the creation of a practical computer of rest by accessing the "My orders" section (please consult he guide at the end of the page) on the site modulagioielli.com, Modula Gioielli s.a.s. in case of a defective or non-conforming product, it will provide, at its own expense, to organize the withdrawal of the product, compatibly with the availability of the CUSTOMER.
ARTICLE 9 - DELIVERY METHODS AND COSTS
The delivery will take place within a week after dispatch of the goods, Italy € 9.00.
Abroad, costs and delivery times vary according to destination country.
For countries outside the EEC customs clearance costs shall be paid by customer.
In Italy, for orders over € 100.00 the shipment will be free.
Modula Gioielli s.a.s. reserves the right to change costs and delivery times at any time, the changes will not take effect on orders already accepted.
For every order placed on the web-site, Modula Gioielli s.a.s. issues an invoice of goods shipped. The invoice is available and printable, after the escape of the order, in the "My orders" section of "My account" area of the CUSTOMER. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it won’t be possible to make any changes to the data indicated therein.
In case of failure delivery of the products within 30 calendar days from the purchase, the CUSTOMER may withdraw from the purchase contract and will be reimbursed only any amounts already paid.
ARTICLE 10 - LIABILITY
Modula Gioielli s.a.s. doesn’t take any responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the web-based network, in the case of it is unable to execute the order on time planned in the contract.
ARTICLE 11 - ACCESS TO THE WEB-SITE
The CUSTOMER has the right to access the web-site for consultation and for making purchases. It is not allowed any other use, in particular commercial, of the web-site or its content. The integrity of the elements of this site, that are sound or visual, and the relative technology used, are the property of Modula Gioielli s.a.s. and are protected by intellectual property rights.
ARTICLE 12 - COOKIES
The website www.modulagioielli.com uses "cookies". Cookies are electronic files that record information about the CUSTOMER's navigation on the web-site (screens consulted, date and time of consultation, etc.) and that allow Modula Gioielli s.a.s. to offer a personal service to its customers.
Modula Gioielli s.a.s. shall inform the Customer of the possibility of disable the creation of such files by accessing their Internet configuration menu. It is understood that this will prevent the Customer to proceed with the online purchase.
ARTICLE 13 - INTEGRITY
These General Terms and Conditions of Sale shall consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared that under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 14 - APPLICABLE LAW AND PLACE OFJURISDICTION
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that doesn’t find a friendly settlement will be subject to the exclusive jurisdiction of the Court of the CUSTOMER's place of residence or domicile, if located in the territory of the State.
In any other case, including the fact that the customer is not a consumer, the definition of any dispute will be exclusively devolved to the court of Torre Annunziata.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arisen from the interpretation and execution of these terms and conditions by accessing the following site