GENERAL SALES TERMS AND CONDITIONS
FOR ONLINE B2C PURCHASES
These general terms and conditions govern online purchases carried out on the website www.modulagioielli.com owned by the company Modula Gioielli s.a.s. which is managed by subjects residing in Italy.
1.1. These general terms and conditions (hereinafter, “General Terms and Conditions” and/or “CGV”) are applicable to all sales of products bearing the "Modula Gioielli" brand (hereinafter, “Products” or “Product”) concluded remotely through the website www.modulagioielli.com (hereinafter, “Website”).
1.2. The use of the remote sales service described in these General Terms and Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”), understood as individuals who are acting for purposes outside any commercial, artisan, entrepreneurial or professional activities they may carry out, and who are over the age of 18 (or if minors, are authorised by their legal guardians).
1.3. The Customer is obliged to carefully read the General Terms and Conditions published on the Website, in order to gain knowledge of said terms and conditions, as well as save and reproduce them in accordance with article 12, paragraph 3, of Legislative Decree no. 70 dated 9 April 2003 (“Implementation of Directive 2000/31/EC concerning certain legal aspects of the services of the domestic market information company, with particular reference to electronic commerce” - hereinafter, “E-commerce Decree”). A copy of the General Terms and Conditions will in any case be sent by email to the Customer by the owner company, Modula Gioielli s.a.s. (as defined hereinafter), in compliance with the following paragraph 7 of these CGV. The agreements concluded with the Customers will be filed by the owner company Modula Gioielli , with the possibility for Customers to access these on the website from their own accounts.
1.4. The agreements concluded with Modula Gioielli through the website are governed by Italian law and more specifically, by Legislative Decree no. 206 dated 6 September 2005 (hereinafter, “Consumer Code”), and by the E-commerce Decree.
IDENTIFICATION OF THE VENDOR
2.1. The vendor is the company Modula Gioielli s.a.s. , with registered office in Torre del Greco (NA), Via Circumvallazione nr. 185 and administrative headquarters in Torre del Greco (NA), Via Cimitero nr. 7 (VAT number and Tax Code: 05840671217).
INFORMATION ABOUT THE PRODUCTS AND THEIR AVAILABILITY
3.1. The information relating to the Products, with their relative product codes, is available on the website. Said information is supplied in compliance with articles 52 and 53 of the Consumer Code.
3.2. The website does not contain all the Products. The Products represent a selection of the items normally available in the stores, and include by way of example, jewellery, watches, fashion accessories and giftware. The graphical representation of the Products proposed on the website could differ from the actual selections available. For further information, the Customer should contact the closest authorised " Modula Gioielli " retailer. Not all the Products described on the website are or will be available in all the jewellers' shops.
3.3. All the Products are subject to availability. Modula Gioielli s.a.s. reserves the right at all times to vary the limits of the quantity and/or type of Products that can be purchased online through the Website. The styles, models and colours of the Products described on the Website may be changed without notice. During the procedure relating to the transaction, an automatic reply will inform the Customer of the time necessary to process the order and/or any impossibility of fulfilling the order due to unavailability of the Products ordered.
4.1. The prices of the Products are listed on the Website in Euro and include all applicable taxes or duties. The shipping costs which are specified separately on the order form must also be added to the prices of the Products.
4.2. Modula Gioielli constantly checks that all the prices indicated on the Website are correct, without this however guaranteeing the absence of any errors. In the event of an error being found in the price of a Product, Modula Gioielli will give the Customer the option of either reconfirming the order of the Products at the correct price, or of cancelling the same.
4.3. The information contained on the Website does not constitute an offer from Modula Gioielli s.a.s.
5.1. The essential features and the prices of the Products are indicated in the order relating to each Product listed on the Website.
5.3. Should Customers need to correct any errors in the data entered, before submitting their order proposal they must follow the specific change procedure indicated on the Website. More specifically, Customers are entitled to change the quantity of the Products they intend to purchase, adding one or more Products to the “trolley”, or eliminating the same.
5.4. Upon submission of the order proposal to Modula Gioielli , the Customer acknowledges and declares to have read all the indications supplied during the purchase procedure and to fully accept the General Terms and Conditions.
6.1. The Customer can make payment of the price of the Products and relative delivery expenses by either credit card.
6.2. Modula Gioielli s.a.s. shall accept payment made with:
6.3. The transaction will be charged to the Customer's credit card only after:
(i) a verification of the credit card data;
(ii) a verification of the authorisation to charge from the company issuing the credit card used by the Customer, and
(iii) confirming the availability of the Product by Modula Gioielli , after which the order will be ready to be processed.
6.4. In the event of it being impossible to make payment of the amounts owed by the Customer for any reason whatsoever, the purchase process and the purchase made will both be automatically cancelled.
CONCLUSION OF THE CONTRACT
7.1. The agreement stipulated between Modula Gioielli and the Customer shall be understood as concluded once the Customer receives confirmation from Modula Gioielli that the order proposal – submitted in compliance with the purchase procedure indicated on the Website – has been successful further to a check of availability of the Product and the charging of the price to the Customer's credit card. The order proposal submitted by the Customer will only be binding for Modula Gioielli if the entire purchase procedure has been regularly and correctly completed and no errors have been detected by the Website.
7.2. Modula Gioielli reserves the right to partially fulfil the order in case of unavailability of one or more of the Products ordered by the Customer. In this case, only the partially fulfilled order will be charged to the Customer.
7.3. Modula Gioielli cannot be held liable for any malfunctioning depending on the data transmission network.
7.4. In compliance with the provisions laid down in article 53 of the Consumer Code, at the time of confirming the order or performing the agreement, Modula Gioielli shall send the Customer an email containing a summary of the General Terms and Conditions, plus information concerning the essential characteristics of the Products purchased, a detailed breakdown of the prices and payment methods, information regarding the delivery expenses, information concerning the terms and methods of exercising the right to withdraw (including information about the exclusion of the right to withdraw in the event of custom-designed Products), the address of Modula Gioielli for forwarding any complaints, and information about after-sales assistance and all existing commercial guarantees. The Customer must promptly check the contents of the email and immediately notify Modula Gioielli of any errors or omissions.
INVALIDITY OF THE ORDER PROPOSAL
8.1. Notwithstanding the provisions set down in paragraph 7 above, no order proposals shall be considered accepted by Modula Gioielli and no agreements shall be understood as concluded between the latter and the Customer should Modula Gioielli have reasonable grounds for considering that the Customer:
(i) intends to purchase the Products for purposes inherent to its own activity or other entrepreneurial or professional activities, in accordance with the provisions laid down in paragraph 1.2 of these General Terms and Conditions; or
(ii) does not operate based on an effective and genuine interest in purchasing Products ordered, or
(iii) abuses the right to withdraw as specified in paragraph 13 hereunder.
8.2. In these cases, the order proposal submitted by the Customer will be understood as lacking in any validity or effectiveness whatsoever. Modula Gioielli shall send the Customer an email declaring the non-acceptance of the order by Modula Gioielli s.a.s. and the unsuccessful conclusion of the agreement, and it shall also take care of cancelling any charges and/or expenses payable by the Customer.
TRANSPORT AND DELIVERY
9.1. For safety reasons, the Products purchased on the Website will be delivered to the address registered on the credit card unless otherwise indicated by the Customer, and at the time of delivery the Customer or an adult over the age of 18, must sign for the same. No deliveries will be made to PO boxes.
9.2. For every order placed on the Website, Modula Gioielli will issue an receipt for the Products shipped which it will send by email to the subject whose name is on the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuing of the receipt the information will be used that was provided by the Customer at the time of placing the order. No variations will be possible once the receipt has been issued.
9.3. All delivery expenses, which will be indicated separately on the order form, will be charged to the Customer.
9.4. All the purchases will be delivered by the selected courier (hereinafter, “Courier”) during weekdays from Monday to Friday (not Saturdays or local or national holidays). Modula Gioielli cannot be held liable for delays which are unforeseeable and/or only ascribable to the Courier, against whom all relative claims must be advanced.
9.5. However, except in cases of force majeure or unforeseeable circumstances, in accordance with article 54 of the Consumer Code, the Products will be delivered within a maximum of 30 (thirty) days starting from the day after the date on which the agreement was concluded, in compliance with paragraph 7.1 above, unless Modula Gioielli communicates (also by email and within the same term or by the last day agreed upon for the delivery) the impossibility of delivering the Products ordered due to sudden unavailability, even temporary, of the same. In the event of such communication, Modula Gioielli shall reimburse any sums already paid by the Customer for Products forming part of the supply.
9.6. In the event of the Customer intending to cancel the order following communication from Modula Gioielli informing of a delay in the delivery date, the sums already paid by the Customer will be reimbursed in a timely manner, and in all cases, no later than 30 (thirty) days after the date Modula Gioielli receives the communication about the order cancellation, with the exception of custom-designed Products in accordance with everything established in paragraph 12 below.
9.7. For consignment of the Products, the presence of the Customer or its representative will be necessary at the address of the recipient indicated in the order. At the time of delivery of the Products by the Courier, the Customer is required to check the following:
(i) that the number of packages delivered corresponds to the number indicated on the transport document (DDT);
(ii) that the packaging is intact, not damaged, wet or in any other way altered, also with regard to the sealing materials. Any damage to the packaging and/or the Product or a mismatch between the number of packages and the indications on the transport bill, must immediately be reported in writing on the Courier'a proof of delivery document. Once the Courier's document has been signed without comments added by the Customer, the latter will not be entitled to advance any claims concerning the exterior characteristics of the package delivered.
SHIPPING AND DELIVERY CONFIRMATION
10.1. Modula Gioielli will send the Customer a confirmation email once the Products have been shipped.
PACKETS OR PACKAGING
11.1. The Products purchased on the Website will be delivered with the standard " Modula Gioielli" packaging as used in the stores.
12.1. In compliance with everything indicated in article 55, paragraph 2, letter d) of the Consumer Code, the right to withdraw, cancel or return, which the Customer would otherwise be entitled to, is not permitted in the case of orders relating to custom-designed Products, for example, with the engraving of the Customer's initials on the Product, without prejudice to paragraph 15 below, or in the case of creating jewellery to the Customer's specific indications, both literal and figurative. In relation to said custom-designing, the Customer acknowledges that the graphical representations published on the Website could differ from reality: the images and photographs of the engraving may in fact fail to reflect the actual appearance of the final product.
RIGHT TO WITHDRAWAL AND ORDER CANCELLATION
13.1. It is Modula Gioielli desire of to guarantee the Customer's complete satisfaction. Pursuant to article 64 of the Consumer Code, the Customer is therefore entitled to withdraw from the agreement without specifying any reasons, and to return the Products, provided not custom-designed as per paragraph 12, purchased on the Website within at period of 10 (ten) working days after the date of receiving the Products.All references in MyWord collection are to be considered personalized.
13.2. In order to exercise the right to withdraw, the Customer must send an email to the email address: firstname.lastname@example.org containing:
(i) the intention to avail of the right to withdraw in accordance with article 64 of the Consumer Code;
(ii) an indication of the products for which the Customer intends to avail of the right to withdraw;
(iii) the progressive number of the order communicated by Modula Gioielli at the time of confirming the purchase;
13.3. In the event of exercising the right to withdraw, Modula Gioielli shall refund the total price of the Products provided these are returned by Customer without having been worn, used or damaged, and provided accompanied by the relative original receipt and with the standard " Modula Gioielli " packaging. Modula Gioielli will accept Product returns and changes that have been delivered with a return/change label, sticker or seal, only if the above-mentioned return instructions have been correctly followed and the label, sticker or seal are intact and still affixed to the Product.
13.4. Modula Gioielli reserves the right to refuse the retuning of Products which are not compliant with these requirements. In the case of defective Products, the provisions set forth in paragraph 15 “Compliance Defects” will be applicable. The reimbursements will be made according to the same payment methods used for the purchase. The price of Products purchased online cannot be reimbursed by the stores. However, these Products can instead be changed at the stores run and managed directly by Modula Gioielli , with the exception of discount outlets, corners, franchising stores and duty free stores, subject to availability of the same.
13.5. The costs of returning the Products will be charged to the Customer and any expenses incurred by the Customer for the returns will not be refundable.
13.6. Each delivery contains user-friendly instructions for returning the Products.
13.7. Modula Gioielli agrees to reimburse the Customer by and no later than 30 days after the date of receipt by the same of the communication of order cancellation or withdrawal, and will send an email communicating the reimbursement made.
13.8. it is recommended to send the Products to be returned by courier service after insuring the full amount of the Products and taking care to note the delivery number in order to track the delivery. Modula Gioielli cannot be held liable for the reimbursement or compensation of Products shipped by the Customer but which have not been received by Modula Gioielli due to loss, theft or damage not ascribable to the latter.
13.9. If the Customer wishes to change or cancel an order already submitted, it must send an email to email@example.com in a timely manner or any case before receiving the email confirming the shipping. Modula Gioielli will take all steps to satisfy the Customer. However, once the Product has been shipped, the order can no longer be cancelled or changed. Nevertheless, the shipped Products can still be returned and in this case the regulations for returns described above must be followed.
REPLACEMENT OF PRODUCTS
14.1. Modula Gioielli intends to offer Customers the possibility of replacing Products purchased on the Website and for this purpose the Customer will be required to follow the procedure indicated hereunder.
14.2. Customers who are not fully satisfied or consider that there is a discrepancy with the order made, must keep all the documentation relating to the delivery, with the purchased Product still in its original packaging. They must immediately contact Modula Gioielli by email at the following address: firstname.lastname@example.org and then follow the instructions described in paragraph 13 above.
14.4. The Product to be replaced must be returned to Modula Gioielli in its original, unopened packaging, as indicated in paragraph 13 above.
14.5. It must be noted that in case of the replacement procedure, first the amount paid by the Customer is reimbursed as per the same method used by the Customer to pay for the purchase (as indicated in paragraph 6), after which a new transaction will be carried out.
14.6. For the replacement of a Product it is necessary to fill out the form provided with each product shipped, clearly indicating the code and size of the new Product that the Customer wishes to receive.
14.7. The processing of the new order will be subject to availability of the Products requested.
14.8. The delivery costs relating to the return of the Product will be charged to the Customer.
14.9. The replacement Product will be sent to the Customer by courier service without the charging of any additional shipping costs if the replacement is carried out by the Customer due to unavailability of the Product, as indicated in paragraph 15 below.
15.1. If a Product sold by Modula Gioielli should have any manufacturing defects or any presumed compliance defects relating to Products sold by Modula Gioielli s.a.s. , the Customer must immediately contact the online assistance service at the email address: email@example.com.
15.2. The legal guarantees foreseen by articles 129, 130 and 132 of the Consumer Code are applied to the sale of the Products. The Customer is entitled to have the compliance of a product restored free of charge, via repair or replacement of the same, or in the event of these remedies failing, a suitable reduction in price or termination of the agreement. The Customer shall lose these rights if it fails to report the compliance defect to Modula Gioielli within two months after the date on which the defect was discovered. The direct action for claiming for defects not fraudulently concealed by Modula Gioielli foresees in any case a term of twenty-six months after delivery of the goods.
ERRORS OR INACCURACIES
16.1. Modula Gioielli is committed to providing updated information in the sections of the Website relating to the description and/or sale of the Products. However, it is not always possible to guarantee the complete absence of any errors. The pages on the Website in question may contain typing errors, inaccuracies or omissions, for example in relation to the price, availability of the Products, or the information cards of the Products. Modula Gioielli reserves the right to correct any errors, inaccuracies or omissions even after an order proposal has been submitted, and it also reserves the right to amend or update the information at any time without prior notice.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1. Modula Gioielli guarantees the authenticity of all the Products purchased on the Website. The Products bearing the “Modula Gioielli” brand are manufactured with the highest quality materials by master craftsmen, and they are made strictly and entirely MADE IN ITALY.
17.2. The “Modula Gioielli” brand, together with the series of figurative and non-figurative trademarks present on the Products, on the relative accessories and/or packaging, and on the trade dress, irrespective of whether registered or not, likewise all the illustrations, photographs and logos protected by copyright and more generally, all the intellectual property rights relating to the Products, are and shall remain the exclusive property of the company Modula Gioielli s.a.s.
APPLICABLE LAW AND COMPETENT COURT
18.1. These General Terms and Conditions are governed by Italian law and shall be interpreted in compliance with Italian legislation.
18.2. Any disputes arising in relation to the interpretation, validity and/or performance of these General Terms and Conditions will be settled exclusively by the court of the Customer/consumer's place of residence or domicile.
19.1. For any further information and assistance concerning the Website or the online purchasing methods, the Customer is invited to contact Modula Gioielli at the following email address: firstname.lastname@example.org or by mail at the following postal address:
Modula Gioielli s.a.s. , administrative headquarters Torre del Greco (NA), Via Cimitero nr. 7.
By using this site you agree unconditionally to the terms and conditions contained herein which may however be changed at any time and without warning by Modula Gioielli s.a.s. at its sole discretion; your use of the site subsequent to any changes of such kind will be taken as your unconditional acceptance of the terms and conditions as modified. The information, images, photographs, trademarks, products and in general elements and material on this website are divulged for promotional and advertising purposes only; you may download or copy the aforesaid information and materials for personal use only, any commercial use thereof is strictly prohibited.
Rights to Trademarks and other industrial property rights
The information, images, photographs, trademarks and in general elements and material made available on this website are and shall remain the exclusive property of Modula Gioielli s.a.s. The total or even partial reproduction (except for non-commercial personal use), distribution, publication, transmission, total or partial modification and sale of the information, images, photographs, trademarks , products and in general elements and material on this website is therefore strictly prohibited.
In particular, the names and trademarks "Modula Gioielli s.a.s. " and all the other trademarks including the name "Modula Gioielli s.a.s. ", whether registered or not, are and shall remain the sole property of Modula Gioielli s.a.s. and the reproduction, distribution, publication, transmission, total or partial modification, or sale is strictly prohibited for any reason.
The information, images, photographs, trademarks and in general elements and material contained in this website may contain inaccuracies or typos; said information, elements and material be changed or updated at any time and without warning by Modula Gioielli s.a.s. at its sole discretion. The software programmes related to this site may malfunction and could contain viruses or other harmful elements.
Disclaimer of warranties and exclusion of liability
Modula Gioielli s.a.s. and its employees, directors, administrators and shareholders do not provide any guarantee and do not take any responsibility for any reason for the functioning of this site and the related software programmes as well as for the information, elements and materials contained herein; they may therefore not be held liable, on any grounds or for any reason, for any damages of any type or entity, partial or total, direct or indirect which might ensue from use of this site even in the case in which Modula Gioielli s.a.s. and its employees, directors, administrators and shareholders should come to know of the occurrence of such damages.
The user of the information or materials contained in this site assumes sole, total and unconditional responsibility for any losses, costs and damages, direct and/or indirect of any type or entity which may derive from use of this site.
The sites linked to this site are not controlled by Modula Gioielli s.a.s. , which is and therefore will be, exonerated from any liability, for any reason or on any grounds, for the content of said linked sites or the links themselves. The link itself in no way indicates the adhesion of Modula Gioielli s.a.s. to such sites.
Sending of information and material in general to the Site-Compensation
Any information, concepts, images, photographs and in general materials of any type sent to this site or to Modula Gioielli s.a.s. in relation to the site, with the sole exception of the personal data provided (name, surname and e-mail), will be treated as non-confidential and will be irrevocably attributed, without payment, as a result of their being sent thereto, to Modula Gioielli s.a.s. which will have the unconditional and unlimited right to reproduce, transmit, distribute, modify and in general use and sell such information, ideas and materials; consequently the sending of such information, concepts and materials shall be understood as consent to their free use by Modula Gioielli s.a.s. without the latter being under any obligation to refer to or advertise, in any form or manner, the fact of their being sent except where expressly required by law.
You will be deemed the sole party liable for the contents of all the information, concepts, images, photographs and in general of all the materials of any type sent by you to this site; you consequently promise to hold harmless Modula Gioielli s.a.s. and its employees, directors, administrators and shareholders from any and all damages, costs or losses incurred by Modula Gioielli s.a.s. as well as from any claims for compensation made by third parties against Modula Gioielli s.a.s. , for any reason or on any grounds, in any way related to the sending by you of said information, concepts, images, photographs and materials to this Site.
Applicable Law- Competent court
For anything not covered by the above terms and conditions of use of this site exclusive reference will be made to Italian substantive law. Any disputes relative to the interpretation of the above terms and conditions of use of this site and/or to the utilisation of the site itself will be referred to the exclusive jurisdiction of the Court of Torre del Greco (NA).
By using this site you expressly agree to the sole jurisdiction of the Court of Torre del Greco (NA) to resolve any disputes arising in relation to the interpretation of the above terms and conditions of use of this site and/or to the utilisation of the site itself.