LDG GENERAL SALES CONDITIONS
1. GENERAL INFORMATION
Lia Di Gregorio S.r.l., VAT Nr. 02607210735, with its registered office in Massafra (TA), Vicolo Casulli s.n.c., listed in the Register of Companies of Taranto No. REA 157853, and with its operational offices in Milan, Via Gaspare Bugatti n. 15, produces and commercializes handcrafted jewellery.
The present contractual general conditions (the “General Conditions”) establish the policy for sales carried out between Lia Di Gregorio S.r.l. (“LDG”) and its customers (the “Buyer” or the “Customer”) in regards to the products of the jeweller LDG (the “Products”).
With the placing of an order (the “Order”), the Buyer states that they have read and agreed to the present General Sales Conditions.
2. CLIENT REQUIREMENTS
In order to place an Order/buy LDG products, customers guarantee that they meet the following requirements:
- They are a Final Customer, as defined by the Legislative Decree no. 206/2005 and successive modifications (“Consumer Code”), that is to say a physical person acting outside of any commercial activities, entrepreneurial activities, craftsmanship or eventual professional activities carried out by the Customer;
- Are at least 18 years of age;
- Are in possession of a valid email address;
- Or, as an alternative, have a valid and verified PayPal account, and/or a bank account.
In consideration of its own commercial policy, LDG reserves the right not to fill orders from anyone other than the “consumer” or any order that does not conform to LDG’s commercial policy.
3. ORDERS, PRICES, PURCHASE AGREEMENTS AND PAYMENT METHODS
The Customer decides together with LDG the components and quality of the jewel, which will then be made by LDG upon order specifically for the Customer.
The price will be communicated by LDG to the Customer before the Order is accepted, in the currency of Euro (€), and includes the taxes, fees or any other cost connected to the sale. Customers are invited to contact their bank for detailed information regarding exchange rates and bank commissions related to the transaction.
The only cost not included are the shipping costs of the Products, which will be communicated as soon as possible to the Customer by LDG before the sale is made.
If, for any reason, a price is misquoted, LDG will let the Customer know as soon as possible, and the Customer can choose to confirm their purchase at the correct price or cancel their Order.
3.3 CONCLUSION OF THE CONTRACT
The purchase contract will be drawn up between the parties when the Buyer has received an Order confirmation from LDG and, in line with the present General Conditions, has paid in full for the Products, according to the methods cited in art. 3.4 of the present agreement. The shipping date will be communicated by LDG to the Customer when the Order is accepted.
3.4 PAYMENT METHODS
The payment methods accepted to make an online purchase are: money transfer and PayPal. LDG can choose not to fill a purchase Order if there is not enough guarantee it will be paid or if it is incomplete or incorrect. In these cases, LDG will inform the Customer via email that the contract has not been concluded and that LDG has not accepted the purchase Order, specifying the reasons.
3.4.1 MONEY TRANSFER
In the event of a purchase made by money transfer, LDG will not be held responsible if the Bank charges the Buyer taxes, fees, fiscal duties, charges or commissions.
The Order is to be considered cancelled if, for any reason, the money transfer does not go through and the purchase price of the Product cannot be charged to the Buyer.
In the event of a money transfer, the contract will be stipulated the moment in which LDG communicates to the Buyer that it has received the money transfer in its favour. The Customer must send LDG a copy of the money transfer receipt by email within 48 hours of having received the order confirmation.
An invoice will be issued the day upon which payment for the Product is accredited to LDG’s bank account.
3.4.2 PAYPAL PAYMENT
Choosing the payment method PAYPAL, the Customer can pay directly through his/her Paypal account. LDG reserves the right to ship merchandise to the address indicated on the account verified by Paypal. In the event of a payment made with PayPal, the charge happens on the same day as the Order.
4. FINALIZATION OF THE ORDER
At the time of the definition of the Order, in conformity with what has been set forth by art. 51 of the Consumer Code, LDG will send a summary email to the email address provided by the Customer with the Order confirmation, a reiteration of the details regarding the purchase and the Product. It is the Customer’s responsibility to check the correctness of the details contained in the Order and present in the confirmation email. If there are errors, these must be communicated immediately to LDG. In the event that the Buyer does nothing, the Order is considered correct and the Buyer cannot object to anything when the Product is received, unless it is to exercise the right to make a return within the limits of the law.
5. VARIATIONS AND MINIMAL ASYMMETRY
LDG guarantees that the Product conforms to reality. In any case, LDG jewels are created and produced by hand; it is therefore possible that there are typical variations and minimal asymmetries, characteristic of exquisitely handcrafted products.
6. ORDER CHANGES
We would like to remind our Customers that once confirmed and processed, Orders cannot be changed, unless LDG expressly allows for a change during the carrying out of the Order. Orders made separately will be shipped separately.
The Products will be shipped using the delivery service FERRARI by the date communicated by LDG at the time of the stipulation of the sale. Further details on the shipping will be available on the website ferrarigroup.net/it/il-gruppo/. LDG will communicate to the Customer via email when the product has been shipped out.
At the moment of the conclusion of the sales contract, LDG will send the Buyer an initial invoice. The official invoice will be shipped with the Product, in conformity with the laws regulating commerce, according to which shipments must be accompanied by the official invoice, declaring the value of each article in the currency of Euro (€).
LDG will not be held accountable for any delays in delivery due to the shipping company nor for any damages to the Products caused by said shipping company.
If, even after the regular conclusion of the contract, the Product purchased cannot be delivered within the timeframe indicated by LDG for causes attributable to LDG, LDG will communicate this to the Buyer who will have the choice to confirm the purchase or refuse and cancel it. If the latter occurs, LDG will reimburse the Buyer the sum paid.
During the holidays and seasonal sales, shipments may take more time.
LDG retains the right to postpone shipments if there are extraordinary or unpredictable events, that is to say, due to circumstances beyond their control.
8. SHIPPING INSURANCE
LDG’s shipments are insured free of charge against theft and accidental damage, until the Product has arrived at its destination.
9. DELIVERY METHOD OF THE ORDER, COSTS AND OTHER FEES
All the Customers that place an Order enter into a commercial relationship with LDG and therefore must accept the delivery of their package. If, for any reason, the Customer refuses delivery of the shipment, or requests that it be returned to the sender, every shipping cost and tax charged to LDG will be taken out of any eventual reimbursement owed to the Customer.
The delivery of the product purchased will be done at the address communicated by the Buyer at the time of the Order.
The country of the shipping address inserted in the pre-orders cannot be changed in any way.
10. OBLIGATIONS OF THE CUSTOMER AT THE TIME OF DELIVERY
At the time of delivery of the Product, the Customer, or whoever is present in his/her place at the delivery address, must verify that:
- the number of packages delivered corresponds to the number ordered;
- the package has no damages, alterations or anything along those lines.
Any exception to this must be immediately verbalized by the Customer to the delivery person and pointed out to LDG via email. If the Buyer does nothing, no exception can be presented to LDG as it is the duty of the Buyer.
The Customer states that he/she is aware of the size wanted. Please see the attached PDF regarding the sizing system. LDG declines any responsibility if the purchased jewel does not correspond to the desired size of the Customer due to an imputable error made by the latter. It is up to LDG to decide whether to substitute the Product with another in the Customer’s desired size or not. In this case, LDG will communicate the decision to the Customer via email and the Customer must return the Product no later than 14 days from having received the merchandise, to the operating headquarters of LDG, Via Gaspare Bugatti n. 15, 20144 – Milan, Italy. The shipping costs and other fees (as an example only, duties and taxes) relating to the returning of the Product will be fully charged to the Customer, who is free to choose the type of shipping and delivery they prefer, with the understanding that the loss or damage of the Products during shipping will be charged to the Customer, when it is due to a negligence on the part of the Customer in the choice of courier and/or shipping method.
12. RIGHT TO RETURN
The Customer, as the consumer, has the right to rescind the sales contract of the Products under art. 52 of the Consumer Code without having to give any reason and without penalties, as long as the Product has not been used. If it has been used, the right to return is no longer applicable or, in any case, LDG has the right to oppose it.
LDG also has the right not to accept the return or not to reimburse the total sum of the Purchase, in regards to Products returned without the label or without the original box or that have been damaged or altered in their essential and qualitative characteristics.
In order to exercise the right to a return, the Customer must forward to LDG, within the established term of 14 calendar days from the date in which the Customer or someone in their place (other than the courier) physically takes possession of the Products, a declaration in which they explicitly declare their decision to rescind the contract. As an alternative, the Customer can fill out the specific return form provided by LDG (in line with the type of form set forth by art. 49, paragraph 4, of the Consumer Code). This declaration or form, duly filled out, must be sent via email to firstname.lastname@example.org indicating both the method of reimbursement and the total sum paid. LDG will send a confirmation of having received the declaration via email to the Customer without delay.
Once the right to rescind has been exercised, in line with art. 54 of the Consumer Code, it is the Buyer’s duty to ship the undesired Product to LDG without delay and, in any case, within 14 days from the date in which the decision to rescind from the contract was communicated, to the operational headquarters of LDG, in Via Gaspare Bugatti n. 15, 20144 – Milan, Italy.
After the return of the Products, LDG will carry out the necessary verifications regarding the conformity of the Products to the conditions and terms indicated in this article. If the verifications go well, LDG will send the Customer, via email, the confirmation of the returned Products having been returned.
LDG will proceed with the reimbursement of the sum paid for the purchase within 14 days of having received the Products, according to the payment method indicated by the Customer, in line with art. 56, paragraph 3, of the Consumer Code. The reimbursement will be done by LDG using the same payment method used by the Customer for the initial transaction, unless otherwise specified by the Customer.
If the method and terms for exercising the right to rescind are not respected, because it has been done too late or because the Product was used, the Customer will not have the right to a reimbursement of the sum paid to LDG. Within 14 days of the email in which LDG will communicate not having accepted the return, the Customer can choose to get back, at their expense, the Products in the state in which they were returned to LDG, by communicating this to LDG, by way of the methods that will be specified. Otherwise, LDG can keep the Products, as well as the sum paid for their purchase.
If the Products are deprived of their label or of their original box, or they have been damaged and/or altered in their essential and qualitative characteristics, the Customer will not have the right to a full reimbursement of the sums paid to LDG, as the Customer will be held responsible for the lessening of the value of the Products returned, due to having used the Product in a way that had not been authorized by LDG. In this case, from the estimated reimbursement, a percentage between 10 and 90% will be detracted from the sums paid by the Customer to LDG for the purchase of the products returned; the specific amount will be communicated via email by LDG. Within 14 days from the sending of the email in which LDG communicates the sum detracted from the reimbursement, the Customer can choose to get back, at their expense, the Products in the state in which they were returned to LDG, by communicating this decision to LDG, through the methods provided. Otherwise, LDG can keep the Products and the amount that corresponds to the percentage detracted from the reimbursement.
In any case, the shipping costs and other fees (as only an example, duties and taxes) regarding the restitution of the Product will be entirely charged to the Customer, who is free to choose the preferred type of shipping and delivery, understanding that the loss or damage of the Products during shipping will be charged to the Customer, when due to a negligence of the latter in the choice of courier and/or shipping method.
13. LEGAL GUARANTEE OF CONFORMITY
The Products purchased are covered by a guarantee for fabrication defects under art. 132 of the Consumer Code for 24 months as well as art. 1490 of the Civil Code.
If the product purchased and delivered presents fabrication defects, the Customer will communicate this to LDG via email when the package is opened.
The aforementioned guarantee covers fabrication faults and defects that have been declared in a timely manner by the Buyer and verified by a trusted technician of LGD.
To this end, the Customer must ship the purchased Product to the operational headquarters of LDG, Via Gaspare Bugatti n. 15, 20144 – Milan, Italy, so it can be examined by a technician.
The shipping costs of the defective Product will be charged to LDG. The Customer is free to choose the preferred type of shipping and delivery, understanding that the loss or damage of the Products during shipping will be charged to the Customer, when due to a negligence of the latter in the choice of courier and/or shipping method.
Once the defect has been found, the Customer has either the right to a repair or the free substitution of the Product affected by defects or faults with another identical Product without defects.
In the event that the requested repair is impossible or excessively expensive in comparison to the substitution of the Product, LDG reserves the right to choose the latter.
The guarantee for faulty Products does not cover faults or defects due to causes beyond LDG’s control, or deriving from an improper use of the Product, an accident, an accidental event, natural alteration, or due to wear from normal use of the jewel.
The Guarantee, furthermore, is nullified for jewels that have undergone an intervention at
unauthorized jewelers and, in this case, LDG reserves the right not to carry out other repairs requested.
14. GUARANTEE OF AUTHENTICITY
LDG guarantees to the Customer that the Products purchased and the materials used to create it are authentic.
We would like to inform you that this jewelry is handmade.
Lia Di Gregorio’s jewelry is subtle, delicate and precious at the same time.
This is why you need to handle it with care. It is nonetheless created to be worn any day and on any occasion .
Day by day, as you wear your jewelry , some dust may deposit on it. We suggest you to use jewelry detergent and a soft cloth to wipe it out.
Jewelry storage is also very important: keep your jewelry in soft fabric pouches, each piece separately . Don’t wear your jewelry while performing heavy duty tasks as you may scratch or dent it . Avoid contact with chemicals that may damage stones and metals.
Thank you for your attention.
15. PERSONAL DATA OF THE CUSTOMER
The Customer is informed that his/her Order will be placed into a computer system. This information allows LDG to manage and carry out the Order.
The Customer is informed of and gives consent to, starting now, the treatment of personal data in line with the stipulations of the Legislative Decree of 30 June 2003, no. 196 (Privacy Code) and its successive modifications. The right to access and rectification guaranteed by the law will be applied to LDG, via email at
16. DECLINATION OF RESPONSIBILITY, MODIFICATION AND UPDATING
The graphic representations of Products can differ minimally from the original Product. LDG declines any responsibility regarding the possibility that, due to a particular configuration of the computer used by the Customer or by its malfunction, the colours of the products seen on the site present small differences regarding the original products.
LDG reserves the right to rectify/re-examine the present General Conditions of this contract, through an update of them, any time it believes necessary without any obligation to advise Customers. The Customer must read the present General Conditions of the contract before every transaction, also in order to verify periodically any updates, modifications and corrections.
17. APPLICABLE LAW AND JURISDICTION
The present General Conditions are regulated by Italian law and, in particular, by the Consumer Code (Legislative Decree no. 206/2005, with specific reference to the regulations of long distance contracts) and by Legislative Decree no. 70/2003, regarding the aspects of electronic commerce. For anything not expressly regulated by the present General Conditions, the laws set forth by the Civil Code regarding sales will be applied.
For every and all controversies regarding the interpretation and execution of the contracts concluded based on the present General Sales Conditions, in line with what has been set forth by the Consumer Code, the Court with jurisdiction will be that of the residence of the Buyer. If the Customer resides abroad, the exclusive competence of the Court of Milan subsists.