1) Diamanti e gioielli has its registered and registered office in Pesaro, Viale Gramsci 35, VAT number 02638100418, phone 0721.390572, pec: diamantiegioielli@pec.it .
2) These conditions govern the purchase and sale transactions carried out by customers through the following website: www.diamantiegioielli.it
3) The customer, by submitting the order, will conclude the purchase contract through the website www.diamantiegioielli.it and approve the conditions of sale declaring that he is sufficiently informed about the contractual conditions.
The purchase contract will be concluded exclusively through the internet through the Customer’s access to the address of this site, where, following the indicated procedures, he can proceed with the purchase of one or more products offered for sale.
4) The product purchased will be the same as the one displayed on the website. Each good will be described by a caption that will specify its characteristics, price and every peculiarity.
Please note that the goods materially for sale, being natural products (gold, diamonds and precious stones) could present minimal colour variations with respect to the good represented. The customer, by submitting the order, accepts this eventuality.
5) The prices of the products offered for sale are clearly indicated on the site and are inclusive of VAT. All the selling prices of the products presented on the website, moreover, are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 of the Civil Code.
Each price refers to a single good, if there are multiple jewels in the photograph, the price below will be referred to a single piece, excluding earrings where the price is reported for each pair of earrings.
The price does not include any duties related to the delivery of the goods outside the national territory (Italy) and the EC Community. The cost of customs clearance will be borne exclusively by the customer, unless otherwise agreed in writing.
Diven the frequent variability in the price of gold and stones, the sale price may vary but Diamonds and Jewellery guarantees that the price charged to the Customer will be the one indicated on the website at the time of order confirmation.
6) The price of the purchased good must be paid in advance of sending the same good and can be paid by bank transfer, credit card or paypal.
If the price of the product is paid by credit card, each page intended to manage the transaction is guaranteed through the SSL (Secure Socket Layer) protocol. This requirement determines a prior encryption of the credit card data in order to make the transaction secure and this is determined because at the time of entering the credit card data, any necessary information is sent to the secure bank site without any possibility of access to the data by Diamanti e Gioielli.
If payment does not occur no later than ten days from the confirmation of the order, Diamanti e Gioielli may consider the sale null and void and put the good back on sale on the website, without prejudice to any pre-contractual responsibilities of the customer.
7) The cost of delivery is borne by Diamonds and Jewellery. Each shipment will be made by express courier and the delivery times will be those expected by the same courier, however no later than fourteen working days. The delivery will take place at the address indicated by the Customer at the time of placing the order. The Customer, therefore, is obliged to verify the correctness of the data entered and their possible timely update. Diamonds and Jewellery will not be held responsible for delays in delivery due to the sole responsibility of the courier. The goods are shipped in free port (i.e. with costs borne by the sender) and is insured with a charge on the invoice.
8) The Customer, having received the good object of sale, must check its integrity and quantitative and qualitative correspondence with the good purchased and described in the caption on the website. If the Customer finds discrepancies between the ordered product and the product received, he must report it to Diamanti e Gioielli by registered letter with acknowledgement of receipt or via pec, necessarily indicating the discrepancies and documenting them with images to be attached to the request, no later than eight days from the date of discovery. Once the return procedure is activated, Calendrini Goldsmith will check for any anomalies or discrepancies and after this verification, Diamanti e Gioielli will undertake to return the price paid within 14 days. It is specified that Diamanti e Gioielli, before sending the good sold to the Customer, will archive all the documentation necessary to identify the object sent (photographs, certificates and other) and will refund the price only if the returned object is the same as it was previously sold. If Diamanti e Gioielli, comparing the returned good with the archived documentation, does not believe that it is the same object, it will not proceed to make any refund but will limit itself to sending the good again to the buyer with the reservation of reporting the fact to the competent Judicial Authority.
If the dispute is proposed after the deadline indicated above, Diamanti e Gioielli will consider itself free and will not be obliged in any way to refund the price of the good. Diamanti e Gioielli itself cannot be held responsible for the consequences of a defective product if the defect is not attributable to it, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, still did not allow the product to be considered as defective or harmful.
No compensation will be due if the injured party has been aware of the defect of the product or the damage is derived from improper use of the same. Any defects or damage to the goods subject to the sale will be compensated, pursuant to art. 123 of the Consumer Code, only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387.00).
For return procedures, the same conditions apply as expressed in the following point.
9) The Customer has the right to exercise the right of withdrawal, provided for the sale outside the commercial premises, pursuant to Legislative Decree no. 206/2005. The Customer, in fact, may withdraw from the contract, without any penalty and without the burden of specifying the reason, no later than fourteen working days from the date of receipt of the good, or collection by a third party in charge or other recipient.
In the case of the purchase of several products that are part of a single order, but delivered separately, this deadline starts from the date of receipt of the last product.
The intention to exercise the right of withdrawal must be formally forwarded by registered mail with return receipt or via pec to the address diamantiegioielli@pec.it
In case of return or cancellation, the products must be returned in their original condition and must not have been used.
Once the withdrawal has been exercised, the payments made by the Customer will be refunded, with the exception of delivery and additional costs, using the same means of payment used for the initial transaction, unless a different means of payment is agreed, the Customer remaining responsible for any additional costs, within 14 days of the positive outcome of the checks that should be necessary on the good and better specified below.
The refund may be suspended until receipt of the product and until our commissioned experts demonstrate that the returned goods have been delivered intact and in accordance with the following conditions:
- The product and its packaging must be in the same condition in which they were received.
- In case of certification, this must be intact and in perfect condition, the seal must be intact, must not be tampered with or removed. Unsealed products will not be refunded.
- the product must be returned with all its accessories, any manual and all other documents, with the protective materials in order and the labels and stickers attached to the products.
- The shopping bag must be returned in the same condition in which it was received.
The Customer, or another third party appointed by him, must keep proof of the shipment of the returned product, being in any case required to document the return. Diamanti e Gioielli declines all responsibility in the absence of such proof.
In case of non-compliance with the aforementioned conditions, Diamanti e Gioielli reserves the right to withhold the corresponding value from the refund granted to the Customer, or to refuse the return and return the product to the Customer.
Any decrease in the value of the product, except for the above reservations, if the wear is consequent to a use that goes beyond the ordinary quality inspection and functional tests, will be attributed to the Customer.
Always without prejudice to the above reservations, in case of damaged product, the cost of the repair or any other other necessary operation will be deducted from the refund granted.
10) Pursuant to art. 59, first paragraph, letter c), Legislative Decree no. 206/2005 (Consumer Code), the right of withdrawal is excluded in the case of “custom-made or clearly personalised products” (information). This information is valid as a communication to the consumer pursuant to art. 49, first paragraph, letter m), Legislative Decree no. 206/2005 (Consumer Code).
11) Diamanti e Gioielli will not be held responsible for disruptions attributable to so-called force majeure, such as in the event that it is unable to execute the order within the time provided for in the contract due to malfunctions of the internet network.
12) Diamonds and Jewellery specifies that the diamonds set in the jewellery all come from the Antwerp Diamond Exchange and are certified by the Antwerp Stock Exchange itself.
13) Any complaint or communication relating to the product subject to purchase must be made by registered letter with acknowledgement of receipt or via pec to the addresses referred to in point 1.
14) With the acceptance of the conditions of sale, the parties, expressly and in agreement, identify the Forum of Pesaro as the exclusive competent forum for the resolution of disputes, the law applied will be Italian law.
15) Diamanti e Gioielli will fulfil any charge related to the processing of the Customer’s personal data. These data, sensitive and non-sensitive, will be used only and exclusively for the conclusion of the contract (order fulfilment, service provision, invoice issuance or other). The data will be processed for the entire duration of the contractual relationship and subsequently for advertising or commercial purposes exclusively by Diamanti e Gioielli. The Customer may, at any time, request the interruption of the use of data for advertising purposes. With the order confirmation the Customer declares to consent to the processing of his personal data.