General Conditions of Sale
General Conditions of Sale
The sale of products on the website www.giovanniraspini.com (the “Products”) is governed by these General Conditions of Sale (“Conditions of Sale”). The Products on www.giovanniraspini.com are sold directly by Argenterie Giovanni Raspini S.p.a.
1. Scope of Application and Definitions
1.1 For the purposes of these Conditions of Sale, the subsequent terms must be understood as follows:
- “Seller”: Argenterie Giovanni Raspini S.p.a. (Tax code/VAT no. 01852960515) with registered office in Largo Torricelli, 1 – 52041 Pieve al Toppo (AR), website: www.giovanniraspini.com, email: firstname.lastname@example.org.
- “Consumer” or “Customer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity.
- “Order”: the order sent by the Customer to the Seller for the purchase of the Products, according to the procedures set out in Article 5 of these Conditions of Sale.
- “Purchase Agreement”: any purchase agreement concluded between the Seller and the Customer for the purchase of the Products, according to the procedures set out in Article 5 of these Conditions of Sale.
- “Website”: www.giovanniraspini.com
- “Consumer Code”: Legislative Decree no. 206/2005 (and related amendments)
- “E-commerce Decree”: Legislative Decree no. 70/2003
- “Privacy Code”: Legislative Decree no. 196/2003.
1.2 The General Conditions of Sale apply to all Orders for the purchase of Products submitted to the Seller, through the Website, by Consumers. These provisions do not apply to any Orders for the purchase of Products submitted to the Seller, through the Website, by subjects who do not qualify as Consumers, which will be governed by the applicable legislation or by specific conditions, subject to negotiation between the parties.
Before making a purchase, the Customer is required to carefully read these General Conditions of Sale, which may be freely stored and reproduced. The General Conditions of Sale do not regulate the supply of any products or services on the Website by third parties with respect to the Seller, through links, banners or other hypertext links, for which the Seller is not responsible.
2. Conditions for the conclusion of the agreement
2.1 By accessing the Website, the Consumer – who declares they are of legal age – will be able to view the electronic catalogue and the Seller’s offers.
To carry out the purchase of the Products, the Consumer can register on the Website, confirming their identity by entering personal data and providing username (or User-ID) and password, which the Seller will confirm. Alternatively, the Customer can make purchases in “Guest” mode, without registering on the Website, providing, in any case, their email address and the data necessary to finalise the shipment.
The Customer guarantees that all the data provided to the Seller regarding their identity or relating to the shipment are correct and truthful, assuming all responsibility and holding the Seller harmless from any detrimental consequence. The Customer is required to store their access data with the utmost diligence, keeping them secret for the entire duration of the relationship with the Seller. Any access by third parties would allow the latter to issue regular and binding Orders using the payment methods saved on the Website.
2.2 The Seller reserves the right not to confirm any Orders from subjects who do not qualify as Consumers or those who do not comply with its commercial policy.
3. Prices and guarantees
3.1 The prices of the Products are indicated on each product sheet and shown in the “Shopping Cart” area when the Order is submitted to the Seller. The delivery costs shown separately in the Shopping Cart must be added. On the Website, prices including VAT are displayed – and payments accepted – in the following currencies: Euros, British pounds and US dollars.
3.2 The Seller reserves the right to modify the prices of the Products at its discretion and without prior notice; the new prices will not apply to Orders that have already been submitted.
3.3 The Products on the Website are covered by the Giovanni Raspini trademark. The Seller does not sell second-hand, flawed or Products of lower quality than the traditional market standards.
3.4 Each Product is presented on the Website through a specific product sheet, which summarises its essential characteristics. Any variations in weight or appearance must be considered as physiological differences due to the craftsmanship of the production (and a guarantee of the same), not as defects. Any discrepancies between the images and colours of the Products represented on the Website and the actual Products may depend on the Internet browser and monitor used.
The Customer can pay the price of the Products via credit card or PayPal. Payment via credit card or prepaid debit card (accepted cards: Visa, Visa Electron, Mastercard and PostePay) takes place through the Adyen platform, which guarantees maximum security, confidentiality and correctness of transactions. The Seller will proceed with the withdrawal of the amount (accounting) upon the submission of the Order.
5. Conclusion of the Purchase Agreement
5.1 The conclusion of the Purchase Agreement will be subject to the proper execution by the Customer of the Order submission procedure provided on the Website.
5.2 The Customer must complete the Order in electronic format and transmit it to the Seller electronically, following the instructions on the Website. The Customer’s Order proposals must be considered irrevocable, pursuant to Art. 1329 of the Italian Civil Code, for a period of 30 (thirty) days from their receipt by the Seller. Within the aforementioned 30 (thirty) days, the Seller will notify the Customer of any refusal of the Order proposal – specifying the reasons.
5.3 The receipt of the Customer’s Order proposals does not bind the Seller to accept the same: the communication of receipt of the order (“Order Receipt”) has a purely summary value. By way of example, the Seller may refuse the Customer’s Order proposals if they include delivery of the Products to countries that are not included among those expressly listed in the Shipping section of the Customer Service area, due to incomplete data, or due to unavailability of the Products ordered. If the Products on the Website are no longer available or on sale at the time the Order is placed, the Seller must promptly communicate these circumstances to the Customer. In this case, the Seller must promptly reimburse the amount paid by the Customer.
5.4 In the event that the Seller refuses the Customer’s Order proposal, the latter will not be able to advance any right or claim for any reason against the Seller.
5.5 The Order will be considered confirmed and the Purchase Agreement finalised when the Customer receives the shipment confirmation in their email inbox.
5.6 Pursuant to and for the purposes of Articles 52–53 of the Consumer Code, the Order Receipt will also contain information relating to the right of withdrawal in favour of the Consumer.
5.7 The Customer may save and keep the Order Receipt in any way.
5.8 Except in cases of mandatory invoicing, invoicing will take place at the explicit request of the Consumer, before completing the payment and based on the information provided (including tax code or VAT number), by virtue of which an electronic invoice will be issued. Once issued, this invoice may not be modified.
6.1 The specific methods of shipment and delivery of the Products are displayed in the Shipping area of the website, the indication of which forms an integral and essential part of these General Conditions of Sale. Therefore, the Customer is considered to be fully aware and accept the same at the time of submitting the Order.
6.2 The Seller delivers the Products to the Customer via selected express couriers. The actual transport time depends on the geographical area of the Order’s destination and could, therefore, undergo variations depending on this. The times indicated in the Shipping area are merely indicative and commence from the Order’s date. At the time of shipment, the Customer will receive a “Confirmation of Shipment” email from the shipping agent in charge of the delivery, which will contain the information that will enable the package to be tracked.
6.3 The costs and risks of transport are entirely borne by the Customer – except for orders with free shipping (the risks of transport will still be borne by the Customer). The costs and other charges that may be connected to the transport and/or shipment of the Products are calculated and detailed in the Order and in the relative Order Receipt. The specific amount of the charges related to the delivery of the Products can be consulted in the Shipping section.
6.4 For the delivery of the Products, the Customer or their representative is required to be present at the destination address indicated in the Order. Upon receipt of the Products at the address indicated in the Order, the Customer must check:
1) that the number of packages delivered corresponds to what is indicated in the consignment note accompanying the goods;
2) that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials.
6.5 Any damage to the packaging and/or the Product, or if the number of Products does not match what is recorded on the transport documents, must be immediately reported in writing on the Courier’s proof of delivery notice (“acceptance with reservations”). Therefore, the Customer must verify the quantitative and qualitative correspondence of the Products with what is indicated in the transport document together with the Courier who delivered the package.
6.6 Once the Courier’s document has been signed, and except in the case of acceptance with reservations, the Customer will not be able to make any objection about the external characteristics of the package.
7. Right of Withdrawal
7.1 Pursuant to Art. 64 of the Consumer Code, the Customer has the right to withdraw from the purchase agreement, without specifying the reason, by returning the Products. The Seller, pursuant to Art. 52 of the Consumer Code, informs the Customer of the following:
- the Customer can exercise their right of withdrawal no later than 14 (fourteen) days from receipt of the ordered Products. In accordance with its company policy, the Seller may provide for a deadline for withdrawal exceeding the minimum period required by law, for the sole benefit of the Consumer, publishing this information in the Returns area of the Website. The Products must be delivered to the courier within 14 (fourteen) days from the date on which the Customer communicated their decision to withdraw from the agreement.
7.2 In the event of the purchase of goods that are made to measure or personalised, the right of withdrawal is in any case excluded, pursuant to Art. 59 of the Consumer Code.
7.3 The right of withdrawal can be exercised by following the procedure referenced in the Returns section of the website.
7.4 The Right of Withdrawal is understood to be exercised correctly by following the methods and terms indicated in this article (and the references contained therein) and if the following conditions are also fully respected:
1) the communication of their desire to return the Product must be complete and sent to the Seller within 14 days of receipt of the same or within the different deadline indicated in the Returns area of the Website;
2) The Products must not have been altered in their essential and qualitative characteristics, nor used, worn, washed or damaged;
3) The Products must be returned in their original packaging or in suitable packaging.
4) The Products must be delivered to the shipping agent within 14 days from the date of communication of the withdrawal.
The Customer undertakes to preserve and keep the Products received and for which they intend to exercise the right of withdrawal with the utmost care and diligence, keeping them intact together with the original internal and external packaging.
7.5 The costs and risks of transport for the return are borne by the Seller.
7.6 If the Customer decides to use a different courier than the one indicated by the Seller, they will have to bear the costs of returning the purchased products. In this case, the Seller will not accept carriage forward deliveries, which will be returned to the Customer – who will bear the costs. Furthermore, any responsibility in case of loss or damage of the Products during transport will remain the Customer’s sole responsibility. Here too, the costs and risks of transport for the return are fully borne by the Customer.
7.7 Once the Seller has received the Products in compliance with the above – or when the Customer proves that they have returned the goods – after having carried out the necessary checks, the Seller will proceed to reimburse the price paid for the Products to the Customer, excluding any initial shipping costs (considering that the return is free of charge) and gift wrapping, in the shortest time possible. If the recipient of the Products indicated in the order form does not match the person who made the payment of the sums due for their purchase, the reimbursement of the sums will be made in favour of the person who made the payment.
In the event of Products returned that are not intact, deteriorated or lacking original accessories or fittings, the decrease in the value of the Products will be deducted from the refund amount due; alternatively, the Customer may re-obtain the Products, at their own expense, in the state in which they were returned to the Seller.
7.8 If the terms for exercising the right of withdrawal have not been respected, the Customer will not be entitled to a refund, and any return of the Products will be at their own expense. In this case, the Customer may re-obtain the Products in the state in which they were returned to the Seller, at their own expense. Otherwise, the Seller is entitled to keep the products in addition to the sum already paid for their purchase.
8. Product Warranties
8.1 In case of alleged defects or lack of conformity of the Products sold by the Seller, the Customer must immediately contact the online assistance at the following email address: email@example.com. Alternatively, the Customer may opt to exercise their right of withdrawal by returning the Products free of charge. 8.2 The sale of Products is covered by the legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. The Customer is entitled to have the goods brought into conformity, free of charge, by repair or replacement or, in the event that these remedies fail, to an adequate reduction in the price or termination of the purchase agreement.
The Customer loses these rights if they fail to notify the Seller of the lack of conformity within 2 (two) months from the date on which the Customer detected the lack of conformity. Actions intended to assert the lack of conformity not intentionally concealed by the Seller shall lapse, in any case, after 26 (twenty-six) months from the delivery of the goods.
9.1 Any communication relating to these Conditions of Sale and to the individual Purchase Agreements will be made by the Seller in electronic format by email and via Web service, acknowledging the full validity of the Customer. The Seller will maintain the technical logs for the tracking of operations, including shipments.
9.2 For the Products covered by the Order, where a regular invoice has been issued, this will be made available to the Customer on the Website, in correspondence with the Order itself, in .pdf format. Otherwise, a simple sales note will be issued by means of the Order Receipt.
9.3 If an invoice is issued as part of the purchase process, it will be issued in accordance with current legislation. The issue of the invoice is considered to have been made at the time of its transmission. The invoice will be deemed to have been received when the data contained therein reaches the email address submitted at the time of registration with the Seller, and in any case, no later than the fifth day from the transmission of the data by the Seller.
10. Applicable Law and Place of Jurisdiction
10.1 These Conditions of Sale, Orders, Order Confirmations and Purchase Agreements are governed by Italian law, without taking into account the principles of conflict of laws and without prejudice to the protections afforded to consumers by the mandatory provisions of the law. The United Nations Convention on purchase agreements for the international sale of goods does not apply.
10.2 In the event of disputes relating to or deriving from these Conditions of Sale and/or Orders and/or Order Confirmations and/or Purchase Agreements or from their execution, jurisdiction will be held by the courts of the Member State in which the Customer is domiciled, or, according to the Customer’s choice, the courts of the Member State in which the Seller is domiciled.
However, if the Seller does not direct its business to the Member State in which the Customer is domiciled, the court of Arezzo will have exclusive jurisdiction.
11. Modifications and updates
The Seller reserves the right to modify the General Conditions of Sale, also in consideration of any regulatory changes. The new General Terms and Conditions of Sale shall take effect from the date they are published on the Website.
12. Further information
Further information regarding orders, shipments, payments, returns, refunds and account management can be consulted in the Customer Service area of the Website, the content of which is an integral part of these Conditions of Sale.
After filling in the Contact Us form on the Website, the customer service team will provide any further information.