1.1. The present general conditions of sale regulate the purchase and sale agreement relevant to any purchase made through the website www.virginiacapri.com. The website, owned by Virginia Gioielli of Silvio Ruocco, via Vittorio Emanuele, 4-80073 Capri (Na), is managed by the same company, VAT and Tax ID 00675070635.
1.2. The Owner is holder of all rights to the domain name of the site, the logos, the trademarks relating to the products presented on the site, and owner of the copyright in relation to the site and its contents .
1.3. Any communication made by the Consumer connected and/or related to the present contract – including any reports, complaints, requests concerning the purchase and/or the delivery of the products, the exercise of the right to withdrawal, etc. – must be forwarded to the Seller to the addresses present on the Website and the e-mail address firstname.lastname@example.org
1.4. Each purchase is subject to the general conditions of sale published on the Website at the time in which the contract is executed pursuant to article 3 herein.
1.5. The Website is dedicated to retail sale and as such is understood as being exclusively for the use of consumers. The possibility to purchase products on the Website is, moreover, reserved exclusively to the “consumer”, such as an individual that acts for purposes outside of the entrepreneurial, commercial, artisan or professional activity carried out. Persons which are not “consumers” are asked to not place orders through the Website.
1.6. At the time of execution of the purchase order, the Consumer accepts that the confirmation of the information relevant to the order placed and the general conditions of the agreement contained within the present agreement were forwarded by e-mail to the address declared by the same at the time of registration with the Website. The Seller reserves the right to not execute orders from parties other than the “consumer”, or that are not in compliance with its commercial policy.
1.7. In order to validly execute the present agreement the age of majority (18) and the legal capacity to act are necessary, which the Consumer declares to possess.
1.8. Any expenses for the connection via Internet to the Website, including telephone costs, according to the fees applied by the operator of choice by the Consumer are exclusively the burden of the Consumer.
2. Characteristics of the products and their availability in different geographical areas.
2.1. The products are sold by the Seller with the characteristics that are described on the Website when sending the order on behalf of the Consumer and in compliance with the general terms of sale published on the Website at the time of sending the order, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to amend the present general conditions of sale at any time, at his discretion, in compliance to the laws in force. The products are offered at the general conditions of the agreement indicated on the Website at the time of sending the order until stock is sold out.
2.3. The prices and goods for sale on the Website are subject to variation without prior notice. Moreover, prior to forwarding the purchase order pursuant to the following point 3 herein, it is requested that the Consumer verify the final sale price.
2.4. The Seller reserves the right, without prior notice, to modify the goods present on the Website or to modify the characteristics at any time and without prior notice or obligation.
2.5. The Seller reserves the right to make modifications and improvements to any good offered on the Website, without the obligation to make such modifications to goods already sold.
2.6. Users from all over the world can access the Website and the Website may contain references to goods that are not available or cannot be purchased in the country from where the Website is being viewed.
2.7. The products present on the Website are for sale, they are reserved for the sale exclusively within the countries indicated in the list present on the Website at the time of the order.
3. Provisions of the contract.
3.1. The presentation of products on the Website, not binding for the Seller, does not represent merely an invitation to offer nor offers to the public.
3.2. The purchase order forwarded by the Consumer to the Seller through the Website is valid as a proposal of contract, which forms an integral part of the order itself and that the Consumer, by means of forwarding the order to the Seller, must accept in its entirety without any type of reserve. Before purchasing the products, by sending a purchase order, the Consumer shall be asked to attentively read the present general conditions of sale and the information regarding the withdrawal right, to print a copy by using the print button and to save or reproduce a copy for personal use. Moreover, the Consumer shall be requested to correct any errors made when entering his personal data.
3.3. The purchase order of the Consumer is accepted by the Seller with the forwarding to the Consumer, to the e-mail provided by the same to the Seller at the time of registration to the Website, of a confirmation e-mail for the order, which shall redirect to the link with the present conditions of sale, the summary of the order made and the description of the product ordered. The Consumer order, the confirmation of the order by the Seller and the general contractual conditions applicable to the relations between the Parties shall be electronically archived by the Seller on his computers and the Consumer can request a copy of the same by sending a communication to the Seller at the following e-mail address email@example.com
3.4. The contract is understood as executed when the Consumer receives the receipt for the order from the Seller via e-mail. Pursuant to the laws in force, the order and the receipt for the order are considered received when the parties to which the same are addressed have the possibility to access the same.
4. Procedure for the selection and purchase of products.
4.1. The products presented on the site can be purchased through the purchase process on the website. This procedure provides for the selection of products of interest of the consumer, with their insertion into the virtual shopping cart. Finished selecting products, to perform the purchase of selected products and placed in the cart, the Consumer will be invited to register on the site, providing the required information, or to log in, if the consumer is already registered or to provide their data in order to complete the order and enable the completion of the contract. In order to allow the purchase, the Consumer will be asked to confirm your personal details (including but not limited to: name, surname, etc.), and the address for the delivery of selected products, billing address and a number telephone where to contact him for any communications related to the purchase made, if they are different from the data supplied upon registration. The Consumer will display a summary of the order to be executed, which may modify the content: thus, the consumer, after careful reading, it must expressly approve the present general conditions of sale, through the appropriate check mark (check-box) present on the site, and finally, through the button “Place Order,” will be required to Consumer confirm your order, it will be so definitively sent to the Seller and will produce the effects described in the previous paragraph. 3.2. of this contract. The Consumer will also be asked to choose the method of delivery and payment method among those available. If the consumer decides for immediate payment (simultaneous acquisition) by credit card, PayPal, instant bank transfer or other payment methods indicated on the site, will be required to disclose their relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify general indicated by the Consumer. If payment is made by credit card, the purchase amount will be debited only at the time of receipt of the order by the Seller.
5. Delivery and acceptance of goods.
5.1. Generally the site indicates the availability of each product and the delivery time of the same, however, this information should be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in their power in order to meet the delivery times indicated on the site and, in any case, make delivery in a maximum time of 30 days after the order confirmation to the consumer.
5.3. can not guarantee the availability of the products listed on the site, where any product ordered by a consumer is not available, the consumer will be informed promptly by the Seller and the payment, if already performed by the consumer, will be promptly refunded.
5.4. The shipping of the products ordered by the Consumer shall occur in compliance to the conditions selected by the Consumer, among those available and indicated on the Website at the time the order is shipped. The Consumer undertakes to check without delay, and in any case within and not beyond 3 (three) days from the receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform within such time the Seller of any defects to the products received or of their deformity in respect to the order made, pursuant to the procedure in art. 9 of the present agreement. In the event that the box or packaging of the products ordered by the Consumer arrives at their destination with obvious signs of damage, the Consumer is requested to refuse delivery on behalf of the carrier/freight forwarder or to accept the delivery “subject to verification”.
5.5. Once the deadline referred to in par. 5.4., The delivered products shall be deemed definitively accepted by the Consumer.
5.6. risk of loss. All items purchased from www.virginiacapri.com are made pursuant to a shipment contract, the risk of loss and title for such items pass to the customer as soon as the delivery of the items will be entrusted to the carrier. Without prejudice to the guarantee of providing the good in secured form that protection, however, the buyer from damage due to possible loss.
6. Prices, shipping costs, taxes.
6.1. The price of the products is that indicated on the Website at the time when the Consumer sends the order. The prices of the products indicated on the Website are inclusive of VAT, they do not include delivery charges, which are calculated prior to the confirmation of purchase by the Consumer and that the same Consumer undertakes to pay to the Seller in addition to the price indicated on the Website and do not include any taxes or duties due in compliance to the conditions and terms established by each individual State of delivery of the goods.
6.2. On the basis of the country to which the products have to be delivered the Website shall show, during the order creation process, the relevant delivery costs that the Consumer undertakes to pay in addition to the price of the products ordered.
6.3. The Consumer must pay the total price to the Seller, the price which is printed on the order and confirmed in the order confirmation forwarded by e-mail by the Seller to the Consumer.
6.4. In the event that the products must be delivered to a country not belonging to the European Union, the total price indicated in the order and repeated in the order confirmation, inclusive of VAT, is net of any customs taxes and any other sales tax, which the Consumer undertakes from this moment onwards to pay, where due, in addition to the price indicated in the order and confirmed in the order confirmation, pursuant to the provisions of the law of the country in which the products are to be delivered. The Consumer is requested to obtain information from the competent bodies of their country of residence or destination of the products in order to obtain information on any duties or taxes applied in the country of residence or destination of the products.
6.5. Any other cost, charge and tax that any country may apply for any reason to the products ordered based on the present agreement are exclusively the burden of the Consumer.
6.6. The Consumer declares that not being aware of the costs, charges and taxes mentioned in paragraphs 6.4 and 6.5, at the time of sending the order to the Seller cannot constitute cause for the termination of the present agreement and the same cannot in any way charge the above-mentioned to the Seller.
7.1. Orders placed through the website can be paid via PayPal, the conditions described below. The Vendor may allow additional methods of payment, indicating them in the section of the site payments.
7.2. If payment is made by credit card, the consumer will be transferred to a secure site, and the data of the credit card will be communicated directly to PayPal (Europe) S.à r.l. et Cie, S.C.A, operator in charge of payments. The transmitted data will be sent in secure mode, by means of cryptographic transfer of data with 128-bit SSL (SecureSocketLayer). These data are not accessible even for the Seller.
7.3. The orders, in the countries where it is foreseen, can be paid by bank wire transfer in favour of the Seller with the indication of the “Swift” and “IBAN”, stated in the order confirmation. The Consumer, in the case of payment by bank wire transfer, expressly agrees that the execution of the agreement on behalf of the Seller shall begin at the time when the amount paid for the product/products purchased is credited to the bank current account of the Seller: in the event that during the time frame between the sending of the order and the credit of the bank wire transfer for the price of the product/products purchased such product/products are no longer available, the Seller shall reimburse the amount paid by the Consumer pursuant to the provisions of paragraph 5.4 of the present agreement and the contract between the Parties shall be considered as not having been executed without the Consumer being able to make any claims towards the Seller.
7.4. The Seller shall promptly inform the Consumer by e-mail to the address declared by the same at the time of registration with the Website, the invoice/tax documentation relevant to the purchase made, in the event that the products purchased are to be delivered within Italy or enclosed in paper format to the products purchased in all other cases.
8. Legal guarantee of compliance by the Seller, reporting of apparent defects and warranty interventions.
8.1. Pursuant and in compliance to the European Directive 44/99/EC and the Italian Legislative Decree 206/2005 (Consumer Code), the Seller provides a legal guarantee to the Consumer on the product for any defect of compliance in respect to the purchase and sale agreement which should arise within 24 (twenty-four) months from the delivery to the Consumer of the product.
8.2. The legal guarantee permits the Consumer, in the case of defects of compliance of the product, to obtain, by directly contacting the Seller, within a reasonable time frame in consideration of the nature of the product, the repair (when and where possible), the substitution of the product, the reduction of the price or the termination of the agreement.
8.3. Improper use of the product that is not in compliance with the product and the instructions/warnings in this regard supplied by the Seller and/or the manufacturer of the product are in any case not covered by the guarantee.
8.4. Any report of apparent defects of the product must be presented together with proof of purchase of the product from the Seller (receipt issued by the Seller or payment receipt).
8.5. In the context of the term pursuant to the previous paragraph 8.1, the reporting of an apparent defect must be forwarded by the Consumer within and not beyond 10 (ten) days from the date in which the apparent defect was identified.
8.6. The reporting of an apparent defect must be forwarded by the Consumer to the Seller via e-mail to the following address firstname.lastname@example.org; the Seller shall promptly inform the Consumer of the methods by which to return or make the product available.
8.7. The Seller, through the service of assistance of the manufacturer of the products, shall perform quality checks in order to verify the effective non compliance of the product itself and shall provide feedback to the Consumer via e-mail, given during the process of registration to the Website.
8.8. In the event of the ascertained non-compliance of the product, the Seller shall provide to refund the Consumer for the cost of the product inclusive of the shipping costs for the return of the non-compliant product or, alternatively, without any cost to the Consumer, to repair the product or substitute the same with a new product; in the latter assumption, the non-compliant product returned shall remain the property of the Seller.
8.9. The above-mentioned refund shall be executed by the Seller to the Consumer by means of ban wire transfer or, where possible, by the same means of payment used by the Consumer at the time of purchasing the product. It shall be the responsibility of the Consumer to communicate to the Seller, always via e-mail to the address email@example.com, the banking information in order to execute the bank wire transfer in his favour and to ensure that the Seller is in a condition to be able to return the amount owed.
9. Responsibility for damages caused by defective products.
9.1. For that which regards any damages caused by a defective product the provisions of the European Directive 85/374/EC and the Italian Legislative Decree 206/2005 (Consumer Code) are applicable. The Seller, as distributor of the products through the Website, holds itself harmless from any responsibility, excluding and without exception for any type, by indicating the name of the manufacturer of the product.
10. Consumer data and data protection.
10.1. In order to register, and then the order is the conclusion of this contract are requested through the website some personal information to the Consumer. The Consumer acknowledges that the personal data will be recorded and used by the Seller and by Virginia Gioielli of Silvio Ruocco, in accordance with and in compliance with the legislation referred to in Italian Legislative Decree Law. n. 196/2003 and subsequent amendments – Privacy Code, to give effect to this Agreement and, subject to your consent, for any additional tasks as indicated in the specific privacy statement provided to the Consumer through the website at registration.
10.2. The Consumer declares and guarantees that the data provided to the Seller during the registration process are true and correct.
10.3. The consumer may at any time to update and / or modify your personal data provided to the Seller through the appropriate section of the site “My Account” accessible after authentication.
11.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, on account of the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the seller can not guarantee that any information or data displayed on the site by the Consumer, even after the consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.
11.2. The Seller, as to the records relating to payments by credit card makes use of the PayPal services companies (Europe) S.à r.l. et Cie, S.C.A adopting technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
12. Force Majeure.
12.1. The Seller shall not be liable in the event of total or partial default of its obligations provided within the present agreement should such default be caused by unpredictable and/or natural events out of his reasonable control, including, by way of example but not limited to, catastrophic natural events, acts of terrorism, wars, revolutions, power failure, general labour strike in the public/private sector, strike and/or restrictions of traffic conditions for couriers and air links.
13. Applicable law and competent court.
13.1. The agreement shall be regulated and interpreted pursuant to Italian Law.
13.2. The Parties mutually agree that the application of the United Nations Treaty on contracts for the international sale of goods is expressly excluded.
13.3. For every dispute deriving from the present agreement or relevant to the same, the competent court shall be a) the Court of the place of residence or domicile of the Consumer, if “consumer” pursuant to the laws in force; b) in every other circumstance, exclusively the Court of Naples, Italy.
13.4. For all that is not expressly provided for herein, the provisions of the Italian Law shall be applicable and in particular, for consumers, the provisions in Section I, Chapter III, of the Italian Legislative Decree 206/2005 and and subsequent amendments and supplements. (Consumer Code).
14.1. The Parties cannot in any way transfer their rights and obligations arising from the present agreement to third parties without prior written consent from the other party.
15. Validity of the clauses.
15.1. The headings of the clauses uses herein are to be considered as purely indicative and do not have any effect relevant to the identification of the contents and the interpretation of the present agreement.
15.2. The present conditions do not prejudice the rights attributed by the Italian law to the Consumer, which acts as a consumer, or the rights guaranteed to the same by the provisions of the law to which it is subject.
15.3. In the event that one of the clauses or part of a clause of the present general conditions be deemed invalid because in contrast or against a law, all of the other clauses of the present agreement or parts of the dame clause shall remain fully valid and effective.
16. Final Provisions.
16.1. The present agreement substitutes all contracts, agreements and understandings previously in force between the Parties and, together with the order, order confirmation and the general conditions relevant to the use of the Website, constitute the entire agreement between the Parties relevant to the purpose of the present agreement.
16.2. The Consumer declares to not having been induced to adhere to the present agreement by previous verbal declarations.
16.3. Any variation or amendments to the present agreement must be accepted in writing by both Parties.