General conditions of Sale

  1. GENERAL INFORMATIONS

 

1.1. The products for sale on the site www.gioielleriagagliardi.com (the "Site") are sold and invoiced by BRU-MI Srl, a company with registered office in Milan, Via Fabio Filzi 33 and operational headquarters with the "Gioielleria Gagliardi" sign in Milan, Via Ruggero Boscovich 61, registered with the Chamber of Commerce of Milan at REA number MI-1183680, VAT number 07822200155; Fiscal Code 07822200155; share capital Euro 102,000.00, fully paid up) (“BRU-MI” or “Gioielleria Gagliardi”).

1.2 On the Site and in communications with customers relating to the Site, BRU-MI acts under the banner and / or with the use of the name "Gioielleria Gagliardi". Therefore, when the term "Gioielleria Gagliardi" or the first person plural is used on the Site and / or in communications with customers relating to the Site, the reference is to be understood as BRU-MI S.r.l. 

1.3 Contracts concluded with BRU-MI S.r.l. through the site www.gioielleriagagliardi.com they are governed by Italian law and, in particular, by the Civil Code, by Legislative Decree 206/2005 ("Consumer Code") and by Legislative Decree no. 70/2003 ("E-commerce Decree").

1.4 BRU-MI S.r.l. adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link

 

  1. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE

 

2.1 These General Conditions of Sale govern the offer and sale of products through the Site by BRU-MI.
On the other hand, they do not regulate the supply of services or the sale of products by parties other than Gioielleria Gagliardi who may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, we therefore recommend that you check their conditions of sale.

 2.2. The General Conditions of Sale applied are those in force on the date of transmission of the purchase order. Therefore, before proceeding and concluding the contract, we invite you to carefully read all the pre-contractual information that Gioielleria Gagliardi provides you through the Site and to examine and approve these General Conditions of Sale by selecting the appropriate box made available to you during the purchase procedure. . 

2.3 These General Conditions of Sale may be modified from time to time, also following any name changes. The new General Conditions of Sale will be effective from the date of publication on the Site.
For this reason, when making your purchases, always remember to print and / or save on durable digital media the General Conditions of Sale in force at the time of purchase by clicking on the "Print PDF" button at the bottom of this page. 

  1. PURCHASES ON THE SITE 

3.1 Both consumers and professional buyers can purchase on our Site.
A "consumer" is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (Article 3, paragraph I, letter c) of the Consumer Code). A "professional buyer" is the natural or legal person who acts in the exercise of his / her business, commercial, craft or professional activity, or an intermediary (Article 3, paragraph I, letter c) of the Consumer Code).
Depending on whether you are a consumer or a professional buyer, different rules and regulations will apply, as better specified below.

3.2 The product offers on the Site are aimed exclusively at users of age.
Therefore, if you order a product on the Site, you guarantee us that you are of age and that you have the legal capacity to conclude binding contracts.

3.3 The products sold on the Site can be delivered exclusively in Italy, with the timing specifically indicated. 

3.4 The language available to you for the conclusion of the contract is Italian.
In any case, our staff is able to communicate not only in Italian but also in English, French and Portuguese. 

3.5 To conclude the purchase contract for one or more products, you will need to fill in the order form in electronic format on the Site and send it to us electronically, following the instructions, only after having carefully read and approved, by selecting the appropriate box , these General Conditions of Sale, and after having viewed the characteristics of the product and / or products you intend to purchase, the relative price (including all applicable taxes or duties) and the shipping costs. 

3.6 If you are registered on our Site and log in to your account, the data you provided us at the time of registration will automatically appear in the order form.
In any case, before proceeding with the transmission of the order form, always carefully check the data you entered and correct any errors because after checking out such data can no longer be changed.

3.7 The contract is concluded when the order form reaches the server we use.Once the order form has been registered, the system will automatically send an order confirmation e-mail to the e-mail address you indicated. containing the summary of the selected products, the relative prices, the delivery address, the order number and the applicable general conditions of sale.
The order form will be stored in our database for the time necessary to execute it and, in any case, in accordance with the law.
 

3.8 If you are registered on our site, by accessing your account you can check the status of your order in the "Order history" section.
If necessary and only until your order is "Unfulfilled" you can ask us to change only the shipping address by contacting us at the email address info@gioielleriagagliardi.it. In the event that the delivery is not successful, please contact us immediately by sending an email to info@gioielleriagagliardi.it to allow us to carry out the appropriate checks.

3.9 If you are a consumer, the purchase receipt will be delivered to you together with the purchased product.
If you are a professional buyer, you will need to request an invoice by sending an email to info@gioielleriagagliardi.it. For the issuance of the invoice, the information provided in the order form is authentic, which you guarantee to be true, undertaking to hold us harmless and indemnified from any damage, compensation obligation and / or sanction that may arise and / or be imposed in the event that such information is not accurate or not true. No change in the invoice will be possible after it has been issued.

3.10 We point out that we may not be able to process orders that are incomplete or inaccurate or in case of unavailability of the products.
If the products for sale on the Site are no longer available at the time of receipt of your order, we will inform you as soon as possible. In this case, if you wish, you can wait five days to allow us to re-assortment or accept a voucher worth the amount paid. If you prefer, we will refund the amount paid without undue delay.
We also inform you that we reserve the right to refuse orders from a customer with whom there is an ongoing dispute relating to a previous order or in all cases in which we deem the customer unsuitable, including, by way of example, the case of previous violations of the General Conditions of Sale for purchases on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind. 

  1. CHARACTERISTICS OF THE PRODUCTS 

4.1 Each product offered for sale through the Site is accompanied by a descriptive sheet containing all the useful data to identify and describe the product and its main characteristics. 

4.2 The images accompanying the description of a product are for information purposes only and may not be perfectly representative of its characteristics, but differ - for example - in color and size (also due to the browser and monitor you use for the access to the Site and viewing of images). In the case of "series" products or in any case available in several copies, the illustrative image is to be understood "one for the other".
If you need further clarification on the products on sale, do not hesitate to contact us by phone at n. 02 29527339, via email to the address info@gioielleriagagliardi.it or via WhatsApp at n. +39 335 1765422

  1. PRICES 

5.1 All product prices published on the Site are expressed in Euros and are understood to include the applicable Value Added Tax. 

5.2 The price for each product is that indicated on the Site, except in the case of manifest error.
We always pay the utmost attention to entering prices, but since a large number of products are marketed on our site, despite our efforts, it may unfortunately happen that a product has an incorrect price indication.
We usually check the price during our dispatch process. Therefore, if the actual price of a product is lower than that incorrectly indicated by us, we will re-credit the sums you have paid in excess; if, on the other hand, the actual price of the product is higher than that incorrectly indicated by us, we may at our discretion contact you to receive your instructions, before sending you the product, or reject the order by notifying you.
We remind you that we are under no obligation to deliver a product to you at an incorrect price in the event that the error is manifest and you could, using normal diligence, have detected it. If so, we will contact you prior to delivery. 

5.3 We reserve the right to change the price of the products at any time, without notice, it being understood that the price you will be charged will be that indicated in the order summary and displayed by you before the order is sent. Any price changes (increasing or decreasing) subsequent to the transmission of the order will not be taken into account. 

5.4 We point out that any discounts are applied to the manufacturer's recommended retail price and are clearly indicated in the description of each product which shows the initial price crossed out, the percentage discount applied and the final price. 

5.5 If you are the holder of a "discount coupon", you can enter the relevant code during the purchase process. In this case, the cost of the product will be reduced by an amount equal to the value of the discount voucher. Discount vouchers cannot be combined with each other.
If you have a "discount code", you can enter it during the purchase process. In this case, the cost of the product will be reduced by an amount equal to the value recognized for the specific discount code. The value and conditions of use of each specific discount code will be indicated from time to time.

5.6 If you have special requests and / or want to customize a product for sale on our Site, contact us by email at the address info@gioielleriagagliardi.it or via WhatsApp at n. +39 335 1765422.
Any additional costs for special requests and / or customizations will be accounted for separately. 

5.7 The shipping cost is always indicated at check out: for more details on shipping, please refer to art. 7 of these General Conditions of Sale. 

  1. TERMS OF PAYMENT 

6.1 For the payment of the price of the products and the relative shipping and delivery costs, you can choose one of the following methods: 

Credit cards and prepaid cards

We accept credit cards from Visa, Mastercard, American Express, Maestro and / or other similar cards through the online credit card payment system.
The charge will be made only after the details of the payment card used have been verified and the card issuer has issued the debit authorization.
If you choose this payment method, the charge is made at the time of the order and the shipment will take place upon completion of the purchase order, in accordance with the provisions of art. 7 of these General Conditions of Sale.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers we use. Therefore we never have access and we never store, even if you choose to store such data on the Site, the details of your payment card used for the purchase. 

Paypal

If you have a Paypal account, you can make payments directly using the email and password with which you registered on www.paypal.com. 

Bank transfer

If you choose to pay by bank transfer, after placing the order you will have to make the payment to the bank details that will be indicated on the Site during the order process and in the confirmation email, indicating the order number in the purpose of the transfer reported on the summary page of the order sent and in the order confirmation email.
In the case of payment by bank transfer, the delivery times of the product will start from the date the transfer is credited and not from the date of transmission of the order, as is the case if you have chosen other payment methods.
Please note that if payment is not received within 12 hours of transmission, the order will be canceled. 

6.2 We specify that there are no additional costs in relation to the payment method chosen and that any refunds will be made through the same instrument used for the payment. 

  1. DELIVERY OF PRODUCTS AND SHIPPING COSTS 

7.1 When completing the order form, you can choose, where applicable, between delivery by shipment via one of the couriers indicated and collection at our Gioielleria Gagliardi store in Milan, Via Ruggero Boscovich 61. 

7.2 If you have chosen the "Collection in store" option, when the order is ready for collection, we will notify you with an email to the address you have indicated.
If you personally collect the order in your name, you will need to show a valid identity document and the order number. If you hire a third party, this must show a proxy signed by you and a copy of your identity document.

 7.3 If you have chosen the "Shipping" option, the purchased products will be delivered by the courier to the shipping address on the order at the cost that we have indicated to you before sending the order.
We deliver throughout Italy and standard shipping is free for purchases starting from Euro 69.00.
If you place your order from Monday to Friday, the package will be delivered to you within approximately 1-3 working days, depending on the shipping option chosen at the time of purchase.
The indicative delivery deadline starts from the sending of the order if you have chosen to pay by credit card or PayPal and from the crediting of the amount if you have chosen to pay by bank transfer.
Orders placed on Saturdays, Sundays or public holidays and regularly paid will be processed and shipped the next working day and the package will be delivered to you approximately within 1-3 working days from the shipping day, depending on the shipping option chosen. at the time of purchase.
Once we have delivered the product you purchased to the courier, you will receive an e-mail with the tracking code through which you can monitor the progress of the shipment and the expected delivery date.
The delivery times of the products may vary with respect to the indicative term indicated above for reasons not attributable to us and not obvious to us. In any case, the purchased products will be delivered to you within the deadline set by art. 61 of the Consumer Code. 

7.4 Upon delivery of the products, you must sign the delivery note after having duly checked that the number of packages corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials (adhesive tape or metal straps).
If you notice any damage to the packaging and / or the product or the mismatch in the number of packages or anything else indicated in the transport document, we invite you to highlight them to the courier and have them indicated on the delivery note or on the transport document, accepting the package with reserve. 

7.5 We inform you that the courier appointed by us will make two delivery attempts.
In case of non-delivery due to your absence, your package will remain in storage with the courier and, if you have not collected it within the deadline indicated by the courier itself, the package will be returned to us: in this case, we will be able to charge you the return costs to the sender.
We also point out that, if the non-delivery depends on an incorrect indication of the data on your part when completing the order form, we may also charge you for the cost of storage at the courier's depot. 

  1. RIGHT OF WITHDRAWAL 

8.1 If you are a consumer you can withdraw from the purchase contract without having to provide any reasons and without having to incur costs other than those provided for in this article within 30 days from the day on which you or a third party, other than the carrier and designated by you , acquired physical possession of the goods.
The withdrawal may concern all or only some of the products you purchased on our site with the order in relation to which you intend to exercise the right of withdrawal.
The right of withdrawal is excluded if you are a professional buyer. 

8.2 We remind you that, as required by current legislation, the right of withdrawal is excluded and therefore cannot be exercised in the event that the products you have purchased have been customized or have been made to measure for you, upon your explicit request. The goods excluded from the right of withdrawal include products on which a personalization has been engraved, imprinted or in other form affixed, such as, by way of example, the engraving of a name or initials, of a writing or of a date .
We also remind you that the right of withdrawal is also excluded for sealed products that do not lend themselves to being returned for hygienic reasons and that have been opened after delivery (for example, piercings and the like). 

8.3 If you intend to exercise the right of withdrawal, you must notify us within 30 days of delivery by sending an explicit communication of the decision to withdraw to the address info@gioielleriagagliardi.it: for this purpose, you can use the form you find below link.
If you prefer, you can communicate your decision to withdraw also by registered letter addressed to BRU-MI S.r.l. Gagliardi Jewelery, Via Ruggero Boscovich 61, 20124 Milan.

8.4 Within 14 days from the notice of withdrawal you must return the products to the Gioielleria Gagliardi store in Milan, Via Ruggero Boscovich 61, according to one of the following methods:

  1. a) delivery of the product directly to our store;
  2. b) shipment of the products by the courier indicated by us, using the pre-printed and prepaid label contained in the shipping package of the products. If this label is missing or you have lost it, you can request a new one by sending us an email to info@gioielleriagagliardi.it. This method of return will be at our expense and will not entail any cost for you. Please contact us to arrange the collection of the product by our courier;
  3. c) sending the products by courier chosen and appointed directly by you, with all shipping costs at your expense. If you choose this option, the transport and shipment of the products are under your full responsibility until the certificate of receipt by us and we will not be in any way responsible for damage, theft or loss of the product during or in any case depending on the return shipment. In case of damage to the products during transport, we will notify you, so as to allow you to promptly file a complaint against the courier. The product will then be made available to you, simultaneously canceling the request for withdrawal or indicating the decrease in value of the asset and the relative reimbursement. 

8.5 We remind you that you are responsible for the decrease in the value of the goods resulting from the handling of the product other than that necessary to establish the nature, characteristics and functioning of the product.
The product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories, leaflets and any certificates, with identification tags, labels and seal disposable, where present, still attached to the product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. 

8.6 We also remind you that the right of withdrawal may apply to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product.

8.7 If you have exercised your withdrawal in accordance with the previous conditions, we will refund you the full amount paid, including delivery costs, if applicable, within 14 days from the date of withdrawal.
If you have returned the products using a carrier of your choice and at your expense, we may suspend the refund until the returned product is received or until you have demonstrated that you have returned the products, whichever is earlier.
Unless otherwise agreed, we will refund the full amount paid with the same payment method you used at the time of purchase. In case of payment by bank transfer, the amount will be returned using the bank details you indicated. In any case, you will not be charged for the refund of the amount. 

8.8 After the return of the products, we will make the necessary checks relating to their compliance with the conditions and terms indicated in this document and, if the checks are not concluded positively, we will notify you, via email, of the found existence of a decrease in value. of returned products, resulting from failure to comply with the aforementioned conditions. At the same time, we will notify you of the amount that will be deducted from the refund, without prejudice to the possibility, alternatively, of getting the products back, at your expense, in the state in which they were returned to us.
In case of forfeiture of the right of withdrawal for any reason, we will return the purchased product to the sender, charging the shipping costs to the sender and, if already reimbursed, the price of the product. 

 

  1. WARRANTIES ON PRODUCTS

9.1 All products sold on our site are covered by a legal guarantee of 24 months for lack of conformity, pursuant to Title III of Legislative Decree 206/2005.
We remind you that the legal guarantee is reserved for consumers.
If you are a professional buyer, you are entitled to the legal guarantee referred to in Articles. 1490 and following of the Civil Code with the relative terms, forfeiture and limitations. 

9.2 We remind you that the legal guarantee for lack of conformity is valid only if the product is used correctly, for uses appropriate to its nature and following, where available, the instructions for use supplied with the product itself.
We are liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within one year of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Subsequently, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same. 

9.3 We remind you that there is a lack of conformity when the purchased good:

a) does not correspond to the contractual description, type, quantity and quality and does not possess the functionality, compatibility, interoperability and other characteristics as provided for in the sales contract;

b) is not suitable for any particular use desired by the consumer, which has been brought to the attention of the seller at the latest at the time of the conclusion of the sales contract and which the seller has accepted;

c) it is not supplied together with all the accessories, instructions, also inherent to installation, provided for in the sales contract;

d) is not supplied with updates as required by the sales contract;

e) is not suitable for the purposes for which goods of the same type are normally used;

f) does not have the quality and does not correspond to the description of a sample or model that the seller has made available to the consumer before the conclusion of the contract;

g) it has not been delivered together with any accessories, including packaging, installation instructions or other instructions, that the consumer can reasonably expect to receive;

h) is not of quantity and possesses the qualities and other characteristics, also in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the consumer can reasonably expect, taking into account the nature of the good and the public statements made by or on behalf of the seller, or by other persons as part of the previous steps in the chain of commercial transactions, including the manufacturer, in particular in advertising or on the label.

Any breakdowns or malfunctions or defects of any other type caused by accidental events or by your responsibility or by use of the product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the legal guarantee. to the product, if any, or in the instructions for use relating to the same. 

9.4 In case of lack of conformity you will have the right to request the repair or replacement of the product.
Only in the event that the aforementioned remedies are not possible or excessively burdensome, you will have the right, at your choice, to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 135 bis of the Consumer Code.
We remind you that an excessively onerous remedy is understood to be that which imposes unreasonable expenses on the seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer. 

9.5 As soon as we have received and checked the product covered by the guarantee, we will proceed as soon as possible to repair or replace it, except as provided for by art. 135 bis of the Consumer Code in case of impossibility or excessive burden.
If the item falls within the specifications of the service centers (different for each brand), it can be taken for repair under warranty. Warranty repair times may vary by brand.
In the event of termination of the contract, we will return the grand total paid to you.
In the event of a price reduction, we will refund the previously agreed reduced amount.
The refund or reduction amount will be communicated to you via email and credited to the means or payment solution used for the purchase. 

9.6 If there is a manufacturer's warranty on the product you have purchased, we will notify you. We remind you that, if any, you can enforce this guarantee only against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the conventional guarantee depend on the individual manufacturer. This guarantee is voluntary in nature, does not replace, limit, prejudice or exclude the legal guarantee.

 

  1. COMPLAINTS AND REQUESTS FOR INFORMATION 

For any complaints and / or requests for information you can contact our team:

- through our Site in the section Contacts

- by e-mail to the address: info@gioielleriagagliardi.it

- via whatsapp at the number: +39 335 176 5422 

  1. PROTECTION OF PERSONAL DATA 

The personal data collected with the placing of the order will be processed by BRU-MI S.R.L. for the sale and related activities, in compliance with the provisions of current legislation and ours Privacy Policy

  1. APPLICABLE LAW AND JURISDICTION 

12.1. These General Conditions of Sale are governed by Italian law.
For disputes relating to consumer purchases through the Site, the mandatory jurisdiction is of the judge of the place of residence or domicile of the consumer; for those relating to purchases by professional buyers, the jurisdiction will instead be devolved exclusively to the Court of Milan, with the exclusion of any other competing court.
If you are a professional buyer, we inform you that, by accepting these General Conditions of Sale and completing the purchase with the transmission of the order and payment of the price, you declare, pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, to have carefully read and specifically approved this clause relating to the competent court in the event of disputes.

12.2 We inform you that if you are a consumer and you have submitted a complaint as a result of which it was not possible to resolve the dispute, you can contact the Alternative Dispute Resolution bodies.
To this end, a European platform has been set up for the online resolution of consumer disputes (so-called ODR platform).
The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/
Through the ODR platform, you can consult the list of ODR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which it is involved. 

 Update date: 03/02/2022

 

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