Terms and conditions
GENERAL TERMS AND CONDITIONS
1.1 Object. These General Terms and Conditions regulate the distance sale of the Products through the Website https://www.buratogioielli.com. The General Conditions do not regulate the sale of Products by parties other than the Company that are present on the Website through links, banners or other hypertext links. The Company is therefore not responsible for the provision of services and/or products by third parties or the conclusion of electronic agreements between the Customer and third parties.
1.2 Seller. The seller of the Products and owner of the Website is Burato Gioielli S.p.A., with registered office in Piazza Milano 12, 30016 Jesolo VE, Italia; VAT no.: 02543700278, Venice Company Register No. VE-225661, Telephone: +39 0421 961696, e-mail info@buratogioielli.com
1.3 knowledge and acceptance of the general terms and conditions. Before placing an Order, the Customer must carefully read these General Terms and Conditions, which can be consulted, stored and reproduced at any time by accessing the Website: https://www.buratogioielli.com/. By making a purchase on the Website, the Customer declares to have fully understood and accepted these General Terms and Conditions and the General Terms and Conditions of Use of the Website of the Website and exempts the Company from providing any further reference to the General Terms and Conditions after placing the Order.
1.4 Written Form. Without prejudice to mandatory legal provisions, the Customer declares and accepts that all communications, information and contractual conditions (including these General Terms and Conditions), which will be provided or made available to it in electronic form, meet the requirement of written form, when required by applicable law.
1.5 Exclusive application of the general terms and conditions variants. These General Terms and Conditions are the only ones applicable to the Contracts between the Company and the Customer. The Company reserves the right to modify, at any time, these General Conditions, publishing the updated version on the Website. The new General Terms and Conditions will be effective from the date of publication on the Website. Customers are therefore invited to regularly access the Website and consult, before making any purchase, the latest version of the General Terms and Conditions. Each Contract shall be governed by the General Terms and Conditions in force at the time the Order is placed by the Customer.
CONTACTS
2.1 It is possible to contact and request information from the Company by using the contact details indicated in art. 1.2.
DEFINITIONS
3.1 In the present General Terms and Conditions, the terms listed below have the following meaning:
“Reserved Area”: the reserved area of the Website that each Customer must access with Credentials in order to purchase Products;
“Customer”: the final consumer, i.e. the natural person who has reached the age of majority and who purchases the Products on the Website for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity that they may carry out;
"Consumer Code”: Legislative Decree No. 206 of 6 September 2005, including subsequent modifications and integrations;
“Shipping Confirmation”: as defined by art. 4.7
“General Terms and Conditions”: the present general conditions of sale of Burato Gioielli S.p.A.;
“Contract”: every single sales contract between the Company and the Customer concluded according to the procedure described in art. 4.6;
“Credentials”: the Customer's email and personal password chosen by them to access their Reserved Area;
“Order”: as defined by Article 4.2;
“Order Confirmation”: as defined by Article 4.6;
“Products”: the products offered for sale on the Website and any other products offered for sale by the Company on the Website from time to time;
“Website”: the website accessible at https://www.pburatogioielli.com/;
“Company”: Burato Gioielli S.p.A..
“VAT”: Value Added Tax, possibly applied depending on the nationality of the Customer.
PROCEDURE FOR THE PURCHASE OF PRODUCTS
4.1 In order to make the purchase on the Website, the Customer must access the Reserved Area, by creating their own Credentials and profile, by filling in the appropriate forms relating to shipping and billing data or by deciding to proceed as a "guest" user by providing his/her personal information (name, last name, email address, shipping address, payment method) which will be kept for the time necessary to complete the transaction. The Credentials created during the recording phase can be memorised to accelerate any subsequent access. In order to proceed with the purchase of the Products, it is necessary to use the Credentials to access the Reserved Area. The data related to the Customer's profile can be modified at any time through the Reserved Area.
4.2 The Customer may select the desired Products from those that are immediately available on the “Shop” section of the Website, adding them by pressing the "Add to Cart" button; or the Products that are sold on a “made to order” basis (not available in stock immediately) by clicking on the “Made to Order” button. By accessing to "View Bag", the Customer will be able to view all the Products selected, with their relative prices, and modify the selections made before finalising the order ("Order"). Once the selection of the desired Products has been completed by pressing the "Checkout” button, the Customer will access his/her Order where the overall price of the Products will be displayed, including VAT and any shipping costs. The Company reserves the right to not process Orders from parties other than the "consumer" or in any case Orders that do not comply with its commercial policy.
4.3 Before placing the Order, the Customer has the option of choosing the payment method they prefer between: credit card or Paypal. If the payment by credit card is chosen, the financial information (for eg, the number of the credit / debit card or the date of its expiration) will be forwarded, via encrypted protocol, to banks or companies that provide electronic payment services at a distance, without allowing third parties to have, in any way, access to it. This information, moreover, will never be used by the Company if not to complete the procedures relating to the purchase for which they are conferred and to issue the related refunds in the event of possible returns of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent, or report to the police, the perpetration of frauds on the Website. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged at the time of purchase.
4.4 To place the Order, it will be necessary to select the preferred payment method and then click on the "Pay now" button.
4.5 By placing an Order, the Customer declares and warrants to be a bona fide Customer who purchases the Products for its own personal use or that of another person and who will not deliver, sell or distribute the Products or purchase the Products for commercial purposes.
4.6 The Customer's Order shall be valid as a purchase proposal for each of the Products indicated in the Order, to be considered individually. The Company will confirm the reception of the Order through the sending of an e-mail confirming the Order ("Order Confirmation"), in which the following data will be specified:
- Order number and date
- Chosen payment method
- Product(s), quantity, price
- Total Order amount
- Shipping costs, if any
- Delivery and billing address.
The Order Confirmation message does not constitute acceptance of the Customer's purchase proposal, but it only confirms that the Company has received the Order and will submit it for verification, also in relation to the availability of all the Products ordered. The Customer must verify the correctness of the data in the Order Confirmation message and, in the event of any errors, the Customer must promptly notify the Company thereof.
4.7 The Order will be considered accepted by the Company only upon the receipt by the Customer of an e-mail message that confirms the acceptance of the Order (“Shipping Confirmation”) with which will be confirmed the shipment of the purchased Products, of which the Company has availability. Only at this time will the Contracts relating to the sale of the Products covered by the Shipping Confirmation be considered concluded between the Company and the Customer.
4.8 The availability of the Products, as indicated on the Website at the time of the Order, is purely indicative and must be verified by the Company. Quantitative limits may apply to Orders for specific Products. The Company reserves the right to refuse at any time, without prior notice, Orders exceeding a determined number of authorised Products.
4.9 The Order will be stored in the Company's database for the time necessary to process the Orders while respecting the terms of the law. The Customer may view the Orders placed, by accessing to his profile and consulting the appropriate section of the Website.
THE PRODUCTS
5.1 The information and characteristics of the Products are shown on the Website. The Company uses the standard European measuring system for rings and the decimal metric measurement for the length of necklaces and bracelets.
5.2 The Company aims to ensure that the information regarding the descriptions, dimensions and colours of the Products is accurate and complete, however, the images of the Products published on the Website are merely indicative and may not be fully representative of their actual characteristics and quality. In this regard, only the description of the Products indicated on the relevant page of the Website shall be considered accurate.
PRICE, PAYMENT AND BILLING
6.1 Product prices are inclusive of VAT. All prices are expressed in Euro. The total price of the Order, including VAT, any other applicable taxes or duties and any shipping charges as referred in art. 6.2, will be displayed by the Customer prior to placing the Order. The price of the Products, including VAT and any shipping costs as referred in art. 6.2., subject to Shipping Confirmation, will be charged to the Customer at the time of the Shipping Confirmation.
6.2 The shipping costs can be verified in the section "Orders and& Shippingments" of the Website.
6.3 The Company reserves the right to change the price of the Products at any time. However, the price displayed on the Website at the time the Order is placed will be applied.
6.4 Upon receiving payment from the Customer, the Company will issue an invoice, which will be sent in writing in PDF format, or in another format, to the postal address using details provided by the Customer.
DELIVERY OF PRODUCTS
7.1 The Products ordered on the Website are shipped via express courier. With the Shipping Confirmation, the Company will inform the Customer of the estimated delivery times of the Products by the carrier. Delivery times – as indicated in section “Orders and Shipping” of the Website - are purely indicative, include only working days, and do not include holidays. The Customer may however track its shipment using the link that will be provided by the Company.
7.2 The Website should be able to automatically recognise the country from which the Customer is connecting, but it is also possible to change the country of reference for the Website.
7.4 Only Orders placed by the Website, which have a delivery address previously authorized for sale, will be accepted and confirmed.
7.5 To confirm the delivery of a Product, the Company requires a handwritten or electronic signature, or a person at the delivery address indicated (unless otherwise instructed by the Customer), which transfers to the Customer the risk and responsibility for the Products purchased.
7.6 Generally, Burato Gioielli ships (i) within 5 to 7 business days of order confirmation for orders of Products in stock; and (ii) within 6 to 12 weeks of order confirmation for made to order Products. Notwithstanding the foregoing, the shipment and delivery dates set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed binding upon Burato Gioielli. Burato Gioielli shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or the right to cancel an order as a result of a delayed shipment. Notwithstanding the foregoing, except with respect to the purchase of custom or made to order Products which require advance payment in full, in the event that Burato Gioielli is unable to ship an order within thirty (30) days of receipt of payment in full, the Customer will receive an email from Burato Gioielli notifying the Customer of the delay in shipment. At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.
LEGAL WARRANTY OF CONFORMITY
8.1 The Company commits itself to guarantee that each Product rigorously respects the quality criteria and that it has passed every technical and aesthetic inspection.
8.2 On the Website are offered for sale only Products bearing the brand Burato Gioielli.
8.3 The Company does not sell used, irregular or of inferior quality Products to the corresponding standards offered on the market
8.4 The Customer benefits from the legal warranty for defects of conformity provided by articles 128-135 of the Consumer Code.
8.5 The Products purchased by the Customer are guaranteed for any defect of conformity (as defined by art. 129 of the Consumer Code) existing at the time of delivery and that occurs within 2 (two) years from said date.
8.6 In order to benefit from the legal warranty, the Customer:
(a) is required to report the defect of conformity of the Product to the Company within 2 (two) months from the discovery, using the contact details indicated in art. 1.2 or filling the form in the "Contact us" page section of the Website;
(b) must follow the instructions given by the Company and return the allegedly defective Product to the Company in its original packaging and with the documentation received at the time of purchase (e.g. invoice, print of the Shipping Confirmation, Order Confirmation message etc.).
8.7 In the event that the documents provided by the Customer to prove the date of purchase of the Product are not suitable for this purpose or should the Product not be returned in its original packaging, the Company is entitled to refuse to replace the Product.
8.8 EXCLUSIONS. The legal warranty does not apply to Products that are damaged, used incorrectly and in particular not in accordance with the instructions of use thereof.
LIMITATIONS OF THE COMPANY’S LIABILITY
9.1 Except as provided for by mandatory provisions of law, the Company assumes no obligations other than those expressly provided for in these General Terms and Conditions and is not liable for damages to the Customer or to third parties that are not directly attributable to the Company.
GENERAL PROVISIONS
10.1 The Customer commits to keeping their Credentials confidential and agrees, to the extent permitted by applicable law, to be held solely responsible for all activities that will be carried out by accessing their Reserved Area.
10.2 The Customer ensures the accuracy, completeness and truthfulness of all the information provided to the Company at the time of registration in the Reserved Area, thus undertaking to promptly notify the Company of any change thereof.
10.3 These General Terms and Conditions constitute the entire agreement between the Customer and the Company in relation to the Order of the Products and supersedes and renders null and void any prior agreement, draft agreement, provision, deed or warranty agreement of any nature whatsoever between the parties, whether oral or written, in relation to such matter.
10.4 Under these General Conditions, the Company shall not be liable for any errors or delays in the execution or fulfilment of obligations arising from causes beyond the reasonable control of the Company.
10.5 These General Terms and Conditions are stipulated between the Customer and the Company. No other person shall have the right to enforce any of the terms of these General Terms and Conditions.
10.6 Any invalidity, ineffectiveness and/or nullity of one or more clauses of the present General Terms and Conditions and/or of the individual Contracts shall not result in the invalidity, ineffectiveness and/or nullity of the remaining clauses.
10.7 Individual Contracts shall not be transferable to third parties, in whole or in part, without prior written agreement between the parties.
10.8 Due to the nature of the Internet, the Company cannot guarantee uninterrupted access and the absence of errors in the operation of the Website. Furthermore, access to the Website and/or the services offered by the Company may be occasionally suspended or restricted to allow repair, maintenance or introduction of new Products. The Company will use its best endeavors to limit the frequency and duration of such suspensions and/or limitations.
APPLICABLE LAW AND JURISDICTION
11.1 These General Terms and Conditions and the individual Contracts are governed exclusively by Italian law and in particular by the provisions of the Consumer Code, with specific reference to the provisions on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects relating to electronic commerce, without prejudice to the application of the mandatory law of the country of habitual residence of the Customer.
11.2 The Court exclusively competent to decide on any dispute that may arise between the Company and the Customers in relation to these General Conditions, as well as all Contracts and the relationships between the parties in relation to the sale of the Products, is the Court of habitual residence of the Customer.
11.3 Customers residing in a country of the European Economic Area also have the option of submitting a complaint to the European platform for online dispute resolution - Online Dispute Resolution (the "Platform") which facilitates the out-of-court resolution of disputes. For more information, you can visit the Platform at https://webgate.ec.europa.eu/odr/. Please note that the Company does not intend to resort to the Platform for the resolution of any disputes, as it has no obligation in this regard.
PERSONAL DATA PROTECTION
12.1 The Company declares and guarantees that it will process the personal data of the Customers it acquires during the conclusion and execution of the Contracts, in compliance with Regulation (EU) no. 679/2016 and national privacy legislation (Legislative Decree no. 196/2003 and subsequent amendments and integrations), as described in the Privacy Policy available on the Website https://www.buratogioielli.com.
12.2 For any further information on the Privacy Policy it is possible to contact directly the following e-mail address: info@buratogioielli.com.
CUSTOMER SERVICE
13.1 The Customer may request any information by e-mail at the following e-mail address: info@buratogioielli.com. or at the following telephone number +39 0421 961696.