These general conditions of sales (“Condizioni di vendita”) set the terms and the conditions of sales between CRIERI S.r.l. (“CRIERI”), owner of the website https://poesiagioielli.com (“The Website”) and the person who is registered on the website and who acts as a customer and not as a professional trader (“The Client” or “The Customer”) and who is willing to buy CRIERI’s goods in the section shop of The Website (“The Goods”).
Seller is: CRIERI S.r.l. C.F./P.IVA 02089360065, registered office in Milano, Via Montenapoleone nr. 19, operative site in Valenza (AL), Via Napoli nr. 10.
Client is: a customer who reached the age of 18 years and who is resident in the Countries where the Website is authorised to online sales.
These General Sales Terms are the existing rules in force in the Italian CRIERI’s website https://poesiagioielli.com, except as noted below.
These General Sales Terms and the supporting documentation complies with current Italian legislation (Parte III, Titolo III, Capo I del D.Lgs. 206/2005,“Codice del Consumo”).
These general conditions of sales set the terms and the conditions of every single order and sales on the website https://poesiagioielli.com
CRIERI will send the communications by e-mail or electronic messages. Using the Website, the Clients take note that any statements, offers, communications, announcements and other advertisements will be released on the internet, except in cases where the legislative act provides in writing or otherwise. These general conditions of sales may be changed by CRIERI.
The amendments will apply from the date of publishing on the Website. Before placing an order, Client will be able to read and be aware of these Sales Terms and they will be asked to accept them.
These Sales Terms are binding for the Customer/Client; no change or modification by the Customer can be accepted; for any needs or for further information, before completing your order, do not hesitate to contact CRIERI at e-mail address email@example.com or phone number +39 02.47700107 Anyway, the the non-acceptance of these General Sales Terms can’t allow the Client to complete the order.
Purchase through personal account or in “guest” mode
In order to make an order on the site https://poesiagioielli.com the Client can create an account (username and password).
The Client is required to maintain the privacy of his own password and to limit the access of his own password and his own username, and takes responsibility of every act committed, and of each purchase made, through his own profile. In alternative, the Client can make the order in “guest mode”, without creating- or entering – an account
Execution of the order
To purchase products on the site it is necessary to:
- provide his own name and address, telephone number, e-mail address, details of the payment and the other information required;
- provide a valid delivery address (please note that CRIERI doesn’t carry out any delivery at mailboxes or at any automatic parcel distribution point. The orders are delivered via courier service and it will therefore be necessary the signature of a physical person with the act of the delivery);
- in case of payment with a credit card or with a debit card, be the authorized holder or owner of a debit/credit card valid to purchase of the products;
- in case of payment via PayPal, be the proprietor of PayPal account valid for the purchase of the products.
The Client can make an order proceeding to checkout after having clicked on the button “ADD TO CART”. The Client accepts that his own order/s is/are a proposal of purchase of the product/s indicated in the order under the present Conditions of Sale.
Each order of a product is considered a purchase to itself. Every one of the orders are, then, are subject to acceptance from CRIERI, which reserves the right to refuse, without having to provide any explanation, any order (including, by way of example but not limited, the orders for which there is suspicion of fraud). The client will be notified in case CRIERI would decide to decline the order.
The Client will have the possibility to review his own order/s ,to read and accept the Conditions of Sale, to check the
total price and the characteristics of the order/s and the information given, and to correct any insertion mistake before confirming the order/s.
Order fulfillment and creation of the contract
Once finalized the order/s on the site, according to the instructions made available on the site through the procedure for the execution of online orders, CRIERI will send an e-mail to the e-mail address given by the Client, confirming the reception of the order/s and indicating the details of the ordered product/s.
The aforementioned e-mail doesn’t constitute an acceptance of the order: it is only a confirm of the reception of the order/s by CRIERI.
The contract between the Client and CRIERI will be deemed concluded only when CRIERI, received the payment of the price of the ordered products, will send to the Client an e-mail to confirm that the product/s has/have been delivered.
CRIERI will not archive an accessible copy of each version of the present Conditions of Sale. However it will send an e-mail with the Conditions of Sale applicable for each purchase along with the Confirmation of Received Order E-mail, for the future reference of the Client. Please also review the page Legal Notices.
Prices, taxes and duties, delivery and management costs
The price charged for a product will be the price indicated on the page of information/presentation related at the single product at the moment of the execution of the order from the Client, and it will be indicated in the confirmation page that will appear to the Client on the screen after the execution of the order and in the Confirmation of Received Order E-mail. The prices of the products include the VAT or other applicable taxes or duties, but they don’t include delivery and management costs.
Delivery and management costs and the relative VAT or other taxes or duties will be indicated separately on a summary screen before the finalization of the order, as well as in the Confirmation of Received E-mail. Delivery and management costs are determined from the location and from the modality of delivery selected during the checkout fase.
The payments will have to be made, only and exclusively, with one of the methods indicated below, and chosen during the checkout process, which are via VISA, MasterCard or PayPal.
Depending on the method of payment chosen by the Client, the payment will happen in one step (via PayPal) or in two steps (via credit card).
For the credit cards (Visa,MasterCard), it is required an authorisation for the charge at the moment of the checkout.The types of credit and debit card accepted are also indicated at the bottom of the page on the Site.
The order can be considered completed and refined when CRIERI receives the payment and/or the authorisation from the issuing body of the credit card. In the opposite case, the order will not be considered completed and, therefore, CRIERI shall have no obligation of any kind.
Other customer obligations
The client is required to guarantee the authenticity of his own data provided during the process planned for the conclusion of the Contract. The Client is committed to communicate promptly to CRIERI eventual variations related to his own personal data provided throughout the contract, sending an appropriate communication to CRIERI. CRIERI declines all responsibility arising from any untruthful communication from the Client.
For shipments CRIERI uses an express courier. Deliveries occur, generally, within 15 days from the conclusion of the contract. However, CRIERI is committed to, except of fortuitous events, cases of force majeure, order of the judicial authorities and/or other circumstances and/or events still beyond the control of CRIERI, make the delivery within 30 days from the conclusion of the contract.
Whenever the Client wishes to receive the Products within a shorter period of time, he is required to contact CRIERI at the contacts indicated in the subsection “Contacts”.
CRIERI reserves the right to change the courier commissioned for the delivery of the order.
Each delivery will be preceded by its relative invoice, sent from CRIERI via e-mail.
Whenever the Client, for his own condition and/or by his own will, delays or still determine the delay of the delivery and/or delays the reception of the delivery even after the notice from CRIERI and/or from the courier commissioned to attempt the delivery of the ordered articles, or in the event that the Client had provided an incorrect delivery address that resulted in the failed delivery, the package will be returned to CRIERI and CRIERI will be exempt from the obligation of delivering the articles within the terms of delivery determined.
In such a case CRIERI also reserves the possibility to rescind the contract, in accordance with law.
The Products purchased will be delivered by express courier; it will be requested a signature at the time of the delivery. Whenever no one results available for the signature at the delivery, the courier will make a second attempt the next working day. In the event of failed delivery at the second attempt, the courier will leave a ticket with the relative contacts so that the recipient will be able to contact the same courier in order to organise the delivery according to his
needs. Please note that the object of the order will remain available at the courier warehouse for 5 days after the second delivery attempt.
CRIERI will not be responsible for the delay or for the failed delivery, whenever the delay or the failed delivery are caused by circumstances not dependent on his will including, by way of example but not limited to, acts of war or terrorism, strikes, states of emergency at national or local level, failure of transport infrastructure, interruption of electricity supply or other utilities, earthquakes, other natural disasters, epidemic or pandemic,orders of authority and postponements or delays in the delivery caused by the recipient. At the time of the delivery the Client will be required to:
- check that the number of packages that are being delivered correspond to the one indicated on the delivery note; check that the packaging and the respective seals are intact, not damaged, not wet or altered in any way.
- sign the delivery document; and if it is required by the courier, show an identity card.
Any damage to the packaging and/or to the Products or the mismatch in the number of packages or the indications must be disputed immediately on paper on the delivery note of the Courier and reported to CRIERI via e-mail firstname.lastname@example.org
Where permitted by current legislation, once the Courier document has been signed without the Client raising objections, the Client will not be able to complain about the external conditions of the delivered package.
Availability of products
Whenever the product that the Client intends to order is no longer available, the Client will be technically prevented from placing the order on the Site. Also, in a few exceptional and unpredictable cases, a product indicated on the site as available could result not available after the execution of the order; then, the contract between the Client and CRIERI will not be concluded and the Client will be notified about it; the product, therefore, will not be included in the Shipping Confirmation E-mail. In the event that the payment is made before the notice of unavailability of the Product, CRIERI will refund the sums eventually paid by the Client in the shortest possible time and in any case within thirty days from the communication about the unavailability of the product.
Compatibility, information about the product
The Client is required to verify, at the time of the order, that the products being purchased are compatible with the use to which the Client intend to use them. We invite the Client to use the Site as the ultimate reference point when checking compatibility. In case of discrepancy between the contents of CRIERI.com and any other site (or any other source of information), compatibility of the products as indicated on CRIERI.com will prevail at the moment of the purchase.
The Client is requested to keep in mind that, due to the limitations of reproduction of the images of the products on the screen , the exact color, size and design on the screen may differ from the actual characteristics of the products.
Despite what is written above, whenever the products that the Client has received do not correspond to what has been ordered, or whenever the delivery results incomplete or there had been damage in the transport, the Client is required, to receive assistance, to contact without hesitation CRIERI via e-mail or by phone immediately and in any case within the terms of the law.
Ownership of the products
The ownership of the products, and the relative risk, are transferred from CRIERI to the customer upon the receipt of the products by the latter.
Guarantees and legal rights
The client will be covered by a legal guarantee for items purchased that prove to be defective. In such cases the Client may alternatively: (i) request repair or replacement of the product (in his sole discretion, unless such remedies are excessively burdensome or impossible for CRIERI); (ii) if both of the aforementioned remedies are excessively expensive or impossible, the Client can ask to terminate the contract (with return of the purchase price upon return of the products by the Client) or the reduction of the purchase price; or (iii) claim compensation for incurred damages.
The purchased item is free from significant defects if, at the time of delivery it has the agreed quality. To the extent that no specific qualities have been agreed between the parties, the purchased item is considered free from significant defects if: it is suitable for the use for which is intended according to the contract; and/or it is suitable for the normal use for which is intended and its quality is normally present as in the items of the same type, and the buyer can expect such quality given the type of item. The term “quality” includes those characteristics that the buyer can expect based on the declarations on the specific characteristics of the purchased item made publicly by the seller, except in the case where, at the time of the conclusion of the contract, the quality has been changed but resulting to be always of the same level, or not relevant to the decision to purchase the article.
CRIERI may refuse to proceed with the type of remedy chosen by the Client, if this type of remedy is only possible with a disproportionate expense. In this context, it must be taken into account, in particular, by way of example but not limited to, about the value of the item free from defects, the entities of the defect, and the possibility of resorting to alternative remedies without causing substantial damage to the Client. In that case, the dispute will be restricted to the alternative remedy; and CRIERI’s right to refuse the alternative type of remedy will also remain, notwithstanding the above requirements. If CRIERI provides a defect-free product, in order to remedy the request of a Client for a defective product, CRIERI may request the return of the defective product.
The Client has the right to contest the defect of the purchased product only if he reports the defect to CRIERI, by registered mail, immediately after detecting it, or immediately after that he should have reasonably detected it.DEfect reports made within two months are considered timely. The legal guarantee, relative to the non-conformity of a product purchased with regard to what agreed in the contract, shall expire in two years from the purchase, notwithstanding the right of the Client to request a price reduction or compensation for damages, by way of exception in the context of legal actions aimed at obtaining the payment of the price of the purchased products.
The Clients are required to keep the order confirmation/receipt (and pass it on to the recipient of a gift product) as original proof of the purchase of the product which will have to be attached in order to activate the legal guarantee.
To manipulate, in any manner, the products purchased on the Site could damage them. Therefore, CRIERI will not be responsible for defects caused by such use, and the damage to CRIERI brand products resulting from such improper use will not be covered by guarantee.
Withdrawal, restitution and refund
The Client has 14 (fourteen) calendar days to withdraw from the contract concluded with CRIERI relating the item/s purchased on the Site without giving any explanation, with a unequivocal statement, using the return form available on the site, by registered mail or e-mail.
The 14 (fourteen) calendar day period starts from the time of receipt of the item purchased on the site or, in the case of a contract for the delivery of more than one item, from the moment of the receipt of the last item on the contract. In order to respect the deadline of 14 (fourteen) days, the date on which the withdrawal declaration is forwarded by the Client shall prevail.
The declaration of withdrawal will have to forwarded to: CRIERI S.r.l., Via Montenapoleone nr. 19, 20121 Milano or via e-mail to email@example.com
Legal consequences of the withdrawal
In case of withdrawal, the products received, accompanied by all the documentation received (as by way of example and non-exhaustive the document which contains the certification of diamonds), they must be returned within 14 (fourteen) calendar days from the date of the communication of the withdrawal. Whenever the products received, including any eventual prize/gadget received at the time of the purchase, cannot be returned, or can be returned only in part or only in conditions of deterioration, the client is required to compensate the relative value to CRIERI.
The client is requested to read the information in the “Treatment and care of the stones” Section available on the Site the and it should be noted that the disregard of what is indicated in this Section could lead to deterioration of the products purchased and, therefore, justifies the request from CRIERI, for the compensation for damages.
The Client is required to pay a compensation to CRIERI for the deterioration of the products received only to the extent that such deterioration was caused by an act not dependent on the verification of the properties and functionality of the product by the Client himself. By “verification of the properties and functionality of the product” is meant the testing and the inspection of the respective product as it would be possible in a retail store (not online).
Items that can be sent with a package must be returned with a package, while the costs and risks of the return shipment will be at the expense of CRIERI, as long as the Client uses the return procedure and the courier used by CRIERI to ship the goods.If the client chooses to return the item with a different method, the costs and risks of the return shipment will be at the expense of the Client himself. The refund of the amount paid by the Client (including initial delivery costs) will be made by CRIERI within 14 (fourteen) calendar days from the receivement of the product to be returned by the client, using the same payment method used by the latter when placing the order. The client can assert his right to a refund only after the receipt, by CRIERI, of the returned item. CRIERI, however, reserves the right to verify that the returned products are in their original conditions and, therefore, reserve the right to suspend the refund until CRIERI’s Quality control Office has verified that the goods have been delivered in accordance with what is reported in the following points:
- the product and its packaging must be in the same conditions as they were when received;
- the document containing the certification of diamonds and/or stones is intact and in perfect conditions.
CRIERI also reserves the right to claim compensation for the damage from the Client for returned products that are damaged or used.
Exceptions to exercise the right of withdrawal within the deadline prescribed
Pursuant to Article 59, paragraph 1, letter c) of the Legislative Decree no.206/2005 (Code of Consumption) the right of withdrawal is not recognized for the supply of personalized goods (by personalized goods we mean, by way of example and non-exhaustively, the products engraved on the Client’s indication)
We recall that when the Client buys a set of jewelry and intends to return one or more products, in order to obtain a refund, it is necessary to return the entire set and therefore it will not be possible to partially withdraw from the order in order to return only some of the products that are part of the set. By jewelry set is meant, as an example and non-exhaustive, earrings, parure.
The right of withdrawal, however, is excluded if the product has been manipulated and/or used beyond what is strictly necessary to establish the nature, the characteristics and the functioning.
The present Conditions of Sale establish all CRIERI’s obligations and responsibilities regarding the purchase and sale of products through the Site CRIERI.com. In particular, CRIERI does not guarantee that the products are suitable for the purposes/expectations expected or demanded by the Client.
Nothing, in the present Conditions of Sale, will exclude or limit the responsibility provided by the law for CRIERI for death or personal injuries intentionally caused by CRIERI due to gross negligence by CRIERI or its employees, nor will it limit the essential rights or duties inherent in the nature of the contract, to the extent that the achievement of the purpose of the contract results compromised, or any other responsibility that cannot be excluded or limited by law.
CRIERI will not be held responsible for contractual or extra-contractual liability, neither of other types for property losses (including, by way of example but non-exhaustive, loss of profit, loss of revenue, contracts, transactions or expected savings), data loss, loss of goodwill or reputation or loss or damage of any kind, or for customer disputes and/or third parties, except for what has been expressly anticipated, and except damages resulting from CRIERI’s responsibility for death or personal injuries intentionally caused by CRIERI or its employees, for damages caused intentionally by CRIERI or its employees, except for those actions that limit essential rights and duties inherent in the nature of the contract, to the extent that the achievement of the contract results compromised.
Failure to comply with the present Conditions of Sale by the Client relieves CRIERI of the obligations assumed with the conclusion of the contract.
If one of the provisions in the present Conditions of Sale is deemed to be unlawful, null or, for any reason, unenforceable, such provision will be considered severable from the present Conditions of Sale and will have no effect on the validity or applicability of the remaining provisions. The unlawful provision, null or that results unenforceable for any reason, will be replaced by a valid provision which ratio or “economic purpose” will get as close as possible to the unlawful provision, null or for any reason unenforceable.
The Customer Service Center of CRIERI will help the Clients in relation to questions or disputes relating to orders placed on the Site.
For information on orders and deliveries the Clients can contact CRIERI via e-mail firstname.lastname@example.org or at the telephone number +39 02.47700107.
The present Conditions of Sale and the purchase of products from CRIERI through the Site will be regulated by Italian law and interpreted according to that.
In case of disputes relating the contract for the purchase of the products or in relation to the purchase procedure on the site or in relation to the present Conditions of Sale, the Client will always have the right to appeal to the Court of their place of residence or domicile.