1. General provisions
1.1 These conditions of sale and delivery apply to the sale and delivery of the products offered on the e-commerce site www.cipollagioielli.com. Please read carefully all the conditions of sale and delivery below before placing an order for a product on the website.
1.2 Please print a copy of these conditions of sale for any future reference needs for the order placed.
1.3 During the ordering process for our products, you will be asked to click on the button to accept the conditions of sale. In this way you will automatically accept the provisions described below relating to the conditions of sale and delivery and to the information on data protection personal. We point out that in the event of non-acceptance of these conditions, it will not be possible for you to order the products offered on the website.
1.4 This site is managed by Gioielleria Cipolla
2. Your status
2.1 If you order an item on the website, you must guarantee compliance with the following conditions:
2.1.1 To have the legal capacity to conclude contracts with binding effect
2.1.2 To be of legal age
2.1.3 To be a natural person acting as a consumer.
3. Purchase and placing an order
3.1 The order of a product on the website is to be considered as an offer to purchase that product in accordance with these conditions of sale and delivery.
3.2 Once the order procedure has been completed, you will receive an order confirmation e-mail to your e-mail address in which you will be notified that we have taken note of your order, which does not in any case constitute acceptance of the order, itself, since all orders are subject to the authorization of Cipolla Gioielli. It is understood that Cipolla Gioielli reserves the right to ask you, prior to accepting your order and in order to promote the security of transactions and to avoid fraud: – to confirm your telephone number for some information relating to your order; – to send a copy of an identity document and/or proof of your domicile (photocopy of your identity card and/or photocopy of a residence certificate valid for at least 3 months). You will therefore have 5 working days at your disposal to send us these documents by e-mail or fax in the requested format to the address that will be indicated to you. Cipolla Gioielli is the sole recipient of these identity documents and the information contained therein. The documents you send us will be kept in our archives for one month.
3.3 Cipolla Gioielli undertakes to honor orders within the limits of available stocks.
If the ordered products are not available, we will take care to send you an email with information and you will have the option to choose to wait until the product is available again, or to cancel the order.
3.4 Cipolla Gioielli reserves the right to refuse any order placed by a customer with whom a lawsuit is underway for the payment of a previous order, and/or which does not comply with these conditions of sale and delivery.
3.5 We will confirm the receipt of the order, the confirmation of the purchase and the relative delivery times through informative e-mail. The purchase confirmation will be the proof of the existence of a contract between Cipolla Gioielli and you, with regard to the products included in the same.
3.6 Furthermore, the aforementioned contract will not concern any other products ordered by you for which you have not received, even separately, any order confirmation.
4. Price and payment
4.1 The price of each product is that indicated on the website for the corresponding product, except in the case of manifest error. The indicated price includes VAT at the current rate. Any change in the applicable rate may affect the price of the products. Prices are subject to change at any time. The applicable prices are in any case those in force on the day and at the time in which the order is validated by you. The unit prices, together with the total price, will be repeated separately in the purchase confirmation electronic message. Only upon specific written request from the consumer, Cipolla Gioielli will issue a regular purchase invoice.
4.2 Prices are subject to changes, which however will not be applied to orders already confirmed with an order confirmation email.
4.3 A large number of products are marketed on our site and it is always possible that, despite our efforts, some of the products on the site have an incorrect price indication. Normally, we verify the price during our sending procedure so, in the event that the actual price of a product is lower than the one indicated by us, we will refund the sums you paid during the sending procedure of the product. In the event that, on the other hand, the actual price of a product is higher than that indicated by us, at our discretion we may both contact you to receive your instructions, before sending you the product, or reject the order and give you the same due communication.
4.4 We are under no obligation to deliver a product to you at an incorrect price where the error is manifest and you could have, using normal care, detected it. In this case, we will contact you before delivery of the product.
4.5 Payment can be made with credit cards accepted in the purchase confirmation phase. We will confirm the amount to be paid in the order confirmation e-mail. In all cases, your communication of the credit card number and the final validation of the order will constitute proof of integrity of the aforementioned order in accordance with the provisions of Legislative Decree no. 70/2003 and will be valid for the enforceability of the sums paid.
4.6 All payments by credit card are subject to a validity check carried out by the card issuer who must also authorize their use. The order will be considered effective only after the bank payment centers have given their confirmation. The personal data of the credit card holder necessary for the aforementioned checks can therefore be exchanged with third parties. We decline all responsibility for the delay or non-delivery of your order if the credit card issuer does not authorize payment.
4.7 We will debit the amount due from your bank account immediately before the delivery of the ordered products and we inform you that we will not carry out the delivery of the same until we have received full payment. We therefore reserve the right to postpone the delivery date until we have received full payment for the products ordered and in any case to cancel the order, giving you immediate written confirmation, in the event that you fail to make the payment within the terms without a valid reason.
4.8 Cipolla Gioielli adopts technological solutions capable of guaranteeing maximum security of transactions to protect its Customers, such as SSL (Secure Socket Layer) encryption, supported by the most popular internet browsers (Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, etc.). These browsers are able to communicate in encrypted form with the secure server of the banking circuit to verify payment information and sensitive data entered on the site. While sending and receiving data in connection with an SSL Secure Server, you access protected web pages recognizable by the suffix “https” (“s” stands for “security”) placed at the beginning of the URL in the bar addresses along with an icon depicting a closed padlock or the word SSL.
4.9 If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and that you authorize this transfer.
5.1 Cipolla Gioielli offers a standard delivery service. Orders will be delivered within 7 working days of your receipt of the Shipping Information email, with exceptions that will be communicated to you. In any case, upon acceptance of your purchase, you will be sent an e-mail notice of shipment to the e-mail address you communicated during the order procedure.
5.2 The delivery address will correspond to the data indicated by you and reported by us in the order confirmation email. In case of non-delivery, we will leave a notice of passage and it will be up to you to collect the package in the places and within the terms specified therein. Once these terms have expired, the products will be returned to Cipolla Gioielli and it will be up to you to contact the Customer Service for a possible new shipment of the same at your expense. We deliver only within the borders of Italy, including the islands. For purchases to be made in different territories, please refer to the sections of the site corresponding to the language of the country of interest. For practical reasons, it is sometimes better to ship some of the products included in the same order several times (split shipment).
Such an eventuality will be specified in the shipping notice and you will not be charged for any additional delivery costs.
5.3 If we are unable to meet the delivery deadline specified in your order dispatch email, through no default on your part – such as failure to pay in full – we will contact you immediately to advise you of the new delivery date. If you refuse the new delivery date or in any case after seven (7) days from the delivery date initially set, you may cancel your order by sending us a registered letter with acknowledgment of receipt or an electronic message. In this case, the purchase price of the corresponding product, including delivery costs, which may have been charged to you, will be credited back within 30 days to the credit/debit card account used to complete the order. This right of cancellation exists only if the delay is attributable to Cipolla Gioielli.
6. Transfer of Risk and Title
6.1 The product becomes your property starting from full payment of the purchase price. It is understood that we could proceed with the recovery of the product at any time until the transfer of ownership of the same in all cases in which you should be found to be in breach of this contract.
6.2 The transfer of risk takes place upon delivery. The risks, pursuant to this provision, are those associated with damage to the product or caused by its use, alteration or storage. The risks associated with returning a product, for whatever reason, are your responsibility.
7. Right of withdrawal and Complaints
7.1 You are obliged to inform us immediately after delivery that you have received any missing, defective or damaged products.
7.2 In compliance with Legislative Decree 6 September 2005 n. 206 (Consumer Code) you have the possibility to exercise the right of withdrawal, without obligation to give reasons and without any penalty, by returning the goods to us within ten (10) working days from receipt of the same, requesting a return code to the address and returning the product accompanied by the delivery note and the return form to Cipolla Gioielli.
7.3 For the purpose of exercising the right of withdrawal and in accordance with the legislation contained in art. 67, co. 2 of the Consumer Code, the product you wish to return must be substantially intact (including any accessories included in the price) and carefully kept and used by you. If any accessories included in the price of the product are not returned by you, we will charge you for the cost of the missing accessories. Any returned product, which should reach us incomplete, modified, ruined, damaged, stained or in any case not in its original packaging conditions, will not be taken back; the same applies, for hygienic reasons, to certain products such as earrings. All items that have undergone changes to their origin cannot be returned. We therefore advise you to preferably use a protected method of shipping and delivery as the responsibility for the product until its receipt by us rests with you.
If the withdrawal has been made within the aforementioned term and the product that reaches us has not been worn or used, is not damaged or stained, is in its original packaging condition (packaging, additional links, guarantee and instructions intact ) and is accompanied by the duly completed and signed Return Form and the Delivery Note, we will exchange the product for you or refund you the price incurred, net of costs incurred by us, according to your preference expressed in the aforementioned Return Form; the costs of returning the product or products remain at your expense.
7.4 If you have expressed the wish to be reimbursed, we will refund the debited amount within a period of thirty (30) days from the date of receipt of the product by Cipolla Gioielli, after the competent office has verified that the returned product meets the conditions and procedures described below, by re-crediting it to the credit/debit card account used to complete the order.
7.5 Following the cancellation of the order, you will have the obligation to return the product, as provided for in the previous art. 7.2, sending it to the address.
7.6 Details relating to your right of withdrawal will be provided to you with the purchase confirmation e-mail.
7.7 The right of withdrawal is reserved exclusively for natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to any professional activity carried out.
7.8 You have the right to communicate any Complaints and problems (delivery errors, misunderstandings, etc.) to Customer Service.
8.1 We always go to great lengths to ensure that the product you have chosen is in top condition. In any case, our products are accompanied by both the Cipolla Gioielli International guarantee and the legal guarantee of conformity.
8.2 Cipolla Gioielli international guarantee: All watches offered for sale on this website have the advantage of enjoying a 24-month international guarantee issued by Cipolla Gioielli. for material or manufacturing defects. The general conditions concerning the guarantee appear on the guarantee certificate supplied with each watch. If the product is defective, Cipolla Gioielli will immediately provide for its partial or total replacement – subject to verification of the defect.
8.3 Cipolla Gioielli also grants a 6-month guarantee for material and manufacturing defects of the costume jewelery and accessories.
8.4 You can return the product, within the terms set out above to [insert details as above], accompanied by the delivery note and the return form that you will find on the Website, on which you will indicate the return code that you requested from Customer Service. We advise you to preferably use a protected shipping and delivery method (courier or insured/registered mail with return receipt) as you are responsible for the product until it is received by us. The shipping costs will then be refunded to you.
8.5 Legal guarantee of conformity:
In accordance with the legal provisions contained in the Civil Code and in the Consumer Code, all watches offered for sale on this Website enjoy the legal guarantee of conformity and, in particular: Consumer rights: The seller is responsible towards the consumer for any lack of conformity existing at the time of delivery of the goods. In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, in accordance with paragraphs 3,4,5 and 6, or to an appropriate reduction in the price or termination of the contract , in accordance with paragraphs 7,8,9.
The consumer can ask, at his choice, the seller to repair the goods or to replace them, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other. For the purposes referred to in paragraph 3, one of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on the seller compared to the other, taking into account:
a) of the value that the goods would have if there were no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer. Repairs or replacements must be made within a reasonable period of the request and must not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased the goods.
The expenses referred to in paragraphs 2 and 3 refer to the costs necessary to bring the goods into conformity, in particular with reference to the expenses incurred for shipping, labor and materials. The consumer may request, at his choice, a reasonable reduction in the price or termination of the contract where one of the following situations occurs:
a) repair and replacement are impossible or excessively expensive;
b) the seller has not repaired or replaced the goods within the reasonable time limit referred to in paragraph 5(1);
c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
In determining the amount of the reduction or the sum to be repaid, the use of the asset is taken into account. After reporting the lack of conformity, the seller may offer the consumer any other available remedy, with the following effects: d) if the consumer has already requested a specific remedy, the seller is obliged to implement it, with the necessary consequences in terms of start of the reasonable term referred to in paragraph 5 (2), subject to acceptance by the consumer of the proposed alternative remedy; e) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article. f) A minor lack of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract (Article 130 of the Consumer Code).
Terms: The seller is responsible, pursuant to art. 130, when the lack of conformity occurs within two years of delivery of the goods. The consumer forfeits the rights provided for by art. 130, co. 2, if he does not report the lack of conformity to the seller within two months from the date on which he discovered the defect. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity. Action aimed at asserting defects not fraudulently concealed by the seller is prescribed, in any case, within twenty-six months of delivery of the goods; the consumer, who is agreed for the execution of the contract, can however always assert the rights referred to in art. 130, co. 2, provided that the lack of conformity has been reported within two months of discovery and before the expiry of the term referred to in the previous period (Art.
132 Consumer Code). In the event of a defective product or one that does not conform to the order, the shipping costs for the returned product will be reimbursed within the limit of €.
9.1 Cipolla Gioielli is responsible for the proper execution of the contractual obligations, regardless of whether these obligations must be performed directly by Cipolla Gioielli or by other service providers, without prejudice to the rights of recourse against the latter. However, Cipolla Gioielli is not liable to you for damages caused by your action, omission or error, by force majeure events or by third parties unrelated to the execution of the contract. Cipolla Gioielli presents and describes the products with the utmost care. However, product photos are for illustration purposes only. Please refer to the description sheet of the single product to know its specific characteristics. Consultation of the website, as well as the acquisition of orders on it, imply knowledge and acceptance of the characteristics and limits of the network, with particular reference to technical performance, response times for consulting, querying or transferring information, to the risks of interruption, and more generally, to the risks inherent in any connection and transmission on the Internet, to the lack of protection of some data from possible unlawful thefts and to the risks of contamination by viruses circulating on the network.
9.2 Cipolla Gioielli cannot be held responsible for any direct or indirect damages generated by an interruption, a malfunction, of any nature and for any cause, or even for any direct or indirect damages resulting, in any way, from a connection to the Website. It is up to each Internet user to take all the appropriate security measures to protect their own data and/or software stored on the computer device from any attack. Connection to the Website by anyone falls under their sole responsibility.
9.3 In any case, except for willful misconduct and gross negligence and liability for product defects, the total liability of Cipolla Gioielli for all repairable damages, as defined in the contract, possibly caused by it is limited only to the repair of foreseeable damages, direct and material actually suffered by you due to the default of Cipolla Gioielli. This repair cannot in any case exceed the amount of your last purchase, even if Cipolla Gioielli was aware of the possibility of the occurrence of such damages.
10. Diritti di proprietà intellettuale e Licenza d’uso
10.1 Cipolla Gioielli, the other companies of Gioielleria Cipolla Vicolo della Guardiola, 2 Palermo 90133 Partita Iva 05212680820 or third party companies are the owners of intellectual or industrial property rights (for example rights on trademarks, patents of invention, models filed for registration and designs) relating to all information, software, documents, data, data structures, services, logos, trademarks, designs, texts, video files, audio files, the images and other content (hereinafter referred to as “content”) published or used within the Website. Failure to mention ownership rights does not necessarily mean that the elements of the Website are not covered by any right of Cipolla Gioielli.
10.2 The contents of the Website may be downloaded, viewed and/or printed only and exclusively for private and non-commercial purposes and only on condition that, to the extent and as long as:
– the total or partial reproduction of the Website is not strictly prohibited;
– the documents or associated graphic elements are not modified, altered or translated;
– the graphic elements of the Website are not used without the accompanying texts;
– the mentions, of any nature, relating to copyright or other rights connected to the contents downloaded by the user, are not kept and reproduced by the latter;
– the source code or the structure of the images and/or contents and/or the contents themselves are not disclosed, decompiled and used for purposes other than those strictly necessary for the functioning and use of the Website; and/or
– the contents are not used to manufacture derivative products.
11. Hyperlinks (links) to and from other Internet sites
11.1 The Website may contain hyperlinks (links) to websites belonging to third parties. These other sites are not under the control of Cipolla Gioielli and you acknowledge that Cipolla Gioielli is not responsible for the accuracy, compliance with intellectual or industrial property rights, legality or the contents of such sites. Cipolla Gioielli cannot reasonably, without any evident indication of the violation of a right, permanently supervise the contents of the sites to which the Internet Site refers via hyperlinks (links). Cipolla Gioielli will immediately remove these links should it discover or become aware of any violation of a right. Cipolla Gioielli cannot offer you any guarantee as to the degree of satisfaction you may obtain from the products or services sold by one of these third-party sites. You are encouraged to do as much research as you deem necessary or appropriate before carrying out any transaction on any of these third party sites.
11.2 The creation of hyperlinks (links) to the Cipolla Gioielli website is authorized only and exclusively for private and non-commercial purposes. In this regard, hyperlinks (links) using the “Deep Linking”, “Framing” and “In-Line Linking” techniques and any type of integration of all or part of the Swatch Internet Site into third party sites are prohibited. . Cipolla Gioielli declines all responsibility in the event of violation of these conditions and more generally with regard to any third party site that may direct you to the Internet Site. In all cases, any hypertext link (link) to the Website must be withdrawn upon simple request from Cipolla Gioielli.
12.1 These conditions apply for the entire duration of the online presence of the products offered for sale by Cipolla Gioielli on the Website and are subject to change. The applicable conditions are those in force on the day and at the time in which the order is validated by you.
12.2 Cipolla Gioielli reserves the right to modify and amend these conditions of sale at its discretion.
12.3 You will be subject to the policies and conditions of sale established and valid at the time of sending the order by you, unless the aforementioned modifications and/or amendments are required by law or by Competent Authorities (in which case they will also apply to orders previously sent by you), or in the event that the aforementioned modifications and/or amendments have been duly communicated to you in writing and before we send the relative order confirmation (in which case Cipolla Gioielli reserves the right to assume that you have accepted the modification, unless you yourself have not sent us due notice of non-acceptance within 14 days of receiving our products.
13. Product Information
13.1 Cipolla Gioielli pays particular attention to putting online information relating to the essential characteristics of the products via technical data sheets accompanied by illustrative photographs, within the limits of the technique and in compliance with the best market standards.
14.1 Assignment of rights and obligations. The concluded contract is binding on us and our respective assignees. You may not transfer, assign, encumber or otherwise dispose of the right to delivery of the products ordered and defined in this contract, without our prior written consent.
14.2 Validity. If one of the provisions of these conditions of sale is held to be unlawful or unenforceable by virtue of a judicial decision, the other provisions remain valid and enforceable.
14.3 Electronic Communication. While browsing our website, you accept the fact that any communication – in compliance with current legislation – is carried out electronically. The computerized registers, saved in the computer systems of Cipolla Gioielli and its suppliers in reasonable security conditions, will be considered as proof of the orders, communications and payments made. Order forms and invoices are saved on a reliable and durable medium in order to correspond to a faithful and durable copy pursuant to article 2220 of the Civil Code.
14.4 Contact address of Cipolla Gioielli.
14.5 Cause of force majeure: In any case, we will not be responsible for any eventual defect in execution or delay for the obligations assumed by us towards you with this contract in the event that they are caused by force majeure and in any case beyond our control reasonable control such as, but not limited to:
14.5.1 Strikes, lockouts, industrial actions;
14.5.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war;
14.5.3. fire, explosion, hurricane, flood, earthquake, collapse, epidemic or other natural disaster;
14.5.4 Inability to use railways, ships, aircraft, road transport or other means of public or private transport;
14.5.5 Inability to use public or private communication networks.
14.6 Our services under this contract should be considered suspended during the period in which such out-of-control events are in progress and we will have a time extension available for each of our services during the duration of such events. However, we will use our reasonable efforts to bring the event to a close or in any case to find a solution that allows us to fulfill our obligations, despite the event.
14.7 Waivers. If, during the term of the contract, we fail to insist that your obligations be performed, or we fail to exercise any rights or remedies which you are entitled to under the contract, this shall in no way be regarded as a waives such rights or remedies and will not relieve you of your obligations hereunder.
Our waiver for your default will not be considered the same as a subsequent waiver for your subsequent defaults. No waiver by us relating to one of these conditions of sale can be considered as such, unless expressly established and communicated to you in writing in accordance with the provisions of paragraph 14.4 above.
14.8 Uniqueness of the agreement: these general conditions of sale and each document expressly referred to in them constitute the only valid agreement concluded between us and replace any other agreement made both in writing and orally.
It is understood that with the signing of this contract, neither of the parties has referred to any promised agreement or obligation of the other, nor to any other obligation arising from oral or written agreements prior to the aforementioned contract, unless expressly established in these conditions of sale. Neither party will have any remedies in respect of any false claims made by the other, whether written or oral, prior to the date of the agreement (unless such false claims were the result of fraud) and the only remedy on the other hand it will be the one for non-fulfilment of the contract, as foreseen by these conditions of sale.
15. Applicable law and jurisdiction
15.1 These conditions of sale and delivery are governed by Italian law.
The competent court will be the Italian court having territorial jurisdiction under Italian law.
The United Nations Convention on Contracts for the International Sale of Goods (CVIM) does not apply to these conditions.
For any question or request for assistance in relation to Cipolla Gioielli brand products, you can also go to one of our owned Cipolla Gioielli single-brand stores: our sales teams will do everything possible to answer all your questions.
16. Protection of personal data
16.1 In compliance with the provisions of Legislative Decree 196/2003, containing the “Code regarding the protection of personal data” (hereinafter, the “Code”), the declarant:
Cipolla Gioielli S.R.L.
Vicolo Della Guardiola, 2 Palermo 90133
VAT number 05212680820
Share Capital €60,000.
The processing of your personal data will be based on principles of correctness, lawfulness and transparency, and will be carried out by protecting your privacy, your fundamental rights and freedoms, in compliance with current legislation on the security and protection of personal data.
Online dispute resolution for consumers
The consumer residing in Europe should be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
The Data Controller is available to answer any questions sent via e-mail to the e-mail address published on this site.