terms and conditions
GENERAL CONDITIONS FOR SALE
E-COMMERCE FOR DISTANCE CONTRACTS.
1. Subject of these General Conditions
These General Conditions of Sale ("General Conditions") define the terms and conditions of sale between VenicEmotion.it, the owner of the website-store ("the Site") and the person registered on the Site acting for personal and non-personal purposes. professionals ("Customer") and who intends to purchase the products offered by VenicEmotion.it in the access section of the Site ("Collections").
2. These General Conditions have as their object the distance sale via internet to retail consumers of Products, governed in particular by Legislative Decree no. 206/2005 ("Consumer Code") and by Legislative Decree no. 70/2003.
3. Customer is: a consumer who has reached the age of 18 and is resident in the countries where the site is enabled for online sales.
4. VenicEmotion.it does not deliver the Products to countries other than those indicated. Not all Products may be available for purchase in the Site visitor's country.
5. These General Conditions can be modified at any time. The version of the General Conditions published at the time of the conclusion of the Contract will prevail between the Parties. VenicEmotion.it cannot in any case be considered bound to conditions sent by the Customer or otherwise different from the present ones. Prices, products on the Site and their characteristics are subject to change without notice.
6. The acceptance of these Conditions by the Customer is essential for the completion of the Product purchase procedure. The non-acceptance of the general conditions by the customer at the time of purchase completely excludes the possibility, even partial, of continuing with the check-out procedure.
2. Conclusion and execution of the Contract - unavailability of the Product
1. To make the purchase, the Customer must register on the Site, access the special reserved area with their Credentials, choose the Product to purchase and insert it in the appropriate section of the Site "Cart", where the characteristics of the Product (s), price, applicable VAT, shipping costs and expected delivery times. Registration and access to the Site, as well as the use of the e-commerce service are totally free, the Customer being solely responsible for the costs and charges for the equipment and computer connections necessary to use the e-commerce services. .
2. The order is sent following the insertion in the appropriate section for payment, of the shipping data and the data necessary to make the payment, requested by the intermediary in charge. These data can be modified until the specific "Buy" button is selected. Payment will be made by credit card or PayPal and the debit will usually take place within the terms indicated by the payment service used. By sending the order, the Customer expressly consents to VenicEmotion.it's use of e-mail, telephone and address in relation to the conclusion and execution of the contract.
3. VenicEmotion.it will send the Customer an e-mail confirming the order, containing the conditions of sale and the order placed. The Customer's order and the order confirmation with the relevant applicable General Conditions are filed electronically by VenicEmotion.it and the Customer can request a copy by sending an e-mail to VenicEmotion.it at email@example.com and specific subject: "Request copy of name and surname of customer data archive".
4. The product sales contract is considered concluded when VenicEmotion.it receives the payment of the price indicated in the order by the Customer.
5. The validity of the contract is subject to the availability of the Product. In the event that the Product is no longer available, VenicEmotion.it will notify the Customer within 20 days of receipt of the Order and reserves the right to terminate the sales contract, returning the Customer the full price paid, without any further charge, charge or penalty to be borne by VenicEmotion.it.
6. The Order displayed by the Customer and sent via email by VenicEmotion.it contains all the essential elements of the Contract, including all the information required by law. The Customer is required to check the Order and verify that the information contained is correct and complete.
3. Shipping Policy
1. VenicEmotion.it delivers the Product to the Customer within the deadline indicated on the Site and reported in the order confirmation at the address indicated by the Customer.
2. Delivery costs are charged to the Customer and the relative price is published in detail as indicated in the offer published on the Site, as well as reported in the trolley during the pre-order phase, in the order and in the confirmation of order.
3. The shipment and delivery of the Product / s will be carried out with the methods and with the times indicated in the order confirmation or where not expressed, the methods indicated in this Policy will be followed.
In the event of failure to indicate in the Contract, delivery will take place within a maximum of 10 (ten) working days within the Italian territory, including the islands, starting from the date on which VenicEmotion.it received and accounted for the Customer's payment, with the methods provided on the Site.
For foreign shipments, within the EURO area , In case of failure to indicate in the Contract, delivery will take place within a maximum of 30 (thirty) working days from the date on which VenicEmotion.it has received and accounted for the Customer's payment, with the methods provided on the Site.
For shipments destined outside the EURO zone , in case of failure to indicate in the Contract, delivery will take place within a maximum of 45 (forty-five) working days from the date on which VenicEmotion.it has received and accounted for the Customer's payment, with the methods provided on the Site.
VenicEmotion.it does NOT assume responsibility for delivery delays due to customs controls and extra-transit checks for areas outside the Shengen area.
4. The Product will be delivered to the place indicated by the Customer for delivery and the Customer is required to receive the Product and facilitate delivery, in accordance with what is indicated in the order. In case of unjustified refusal to receive the Product, VenicEmotion.it will have the right to terminate the Contract, without prejudice to compensation for damages suffered (including any costs for shipping and storage of the Products).
5. At the time of delivery, the Customer is required to verify the integrity, quantity and type of the Products delivered, the fact that they comply with those ordered and the provisions of the Contract, the fact that the packaging is intact and not damaged , carrying out the checks that can be carried out on the basis of ordinary diligence and immediately challenging the courier with a note on the delivery note for any defects or discrepancies with the order.
1. The final price is inclusive of VAT, includes delivery costs and any costs inherent in the use of the payment method chosen by the customer and proposed on the site.
2. The Customer is required to make the payment in favor of VenicEmotion.it through the payment method made available on the Site. The delivery of the Products will be made only after payment has been made.
5. Other obligations of the Customer
1. The Customer is required to guarantee the truthfulness of his / her data provided during the procedure envisaged for the stipulation of the Contract. The Customer undertakes to promptly notify VenicEmotion.it of any changes relating to their personal data provided in the course of the Contract, by sending a specific communication to VenicEmotion.it by email.
6. Warranty and Limitation of Liability of VenicEmotion.it.
1. The provisions relating to "consumer goods" referred to in the Consumer Code (Legislative Decree 206 of 6 September 2005) apply to "consumer" customers, and in particular the legal guarantee of conformity referred to in art. 129, as well as the applicable provisions in force. In particular in the event of a lack of conformity of the Products not deriving from the normal use of the Product, the Customer has the right to restore, without charge, the conformity of the Product pursuant to art. 130 of the Consumer Code.
The Customer is required to report the lack of conformity to VenicEmotion.it by registered letter with return receipt within the peremptory term of 14 (fourteen) days from the date of receipt of the goods.
VenicEmotion.it is responsible when the lack of conformity occurs within two months of delivery except that the purchased good, at the time of receipt by Venicemotion.it, does not show any signs of wear, neglect, tampering, damage from falls, accidental or malicious as well as improper use of the purchased material.
In any case, the action aimed at asserting the defects not maliciously concealed by VenicEmotion.it expires within 2 (two) months from delivery of the goods.
2. The guarantee is valid on condition that the Products are used correctly, in compliance with the relative instructions for use and recommendations, and upon presentation by the Customer of the delivery documentation and the order number. Without prejudice to the mandatory limitations established by law, VenicEmotion.it does not offer any guarantee or declaration of conformity of the Products other than what is expressly indicated on the Site, including the compliance of the Products with technical requirements, quality or standards of any nature, for specific or particular.
5. Customer's right of withdrawal
1. Pursuant to art. 52 and ss. of the Consumer Code, the Customer who qualifies as a "consumer" pursuant to the Consumer Code has the right to withdraw from the Contract at his discretion, without any penalty, within 14 (fourteen) working days from the day of delivery of the Products .
2. The consumer customer may exercise this right through the appropriate procedure provided on the Site in the reserved area "right of withdrawal", following the related instructions.
3. In case of exercise of the right of withdrawal, the Products must be returned to the location indicated in the specific manner by VenicEmotion.it, in their original conditions, complete with all their parts, accessories, documentation and with the relative packaging, which it must be kept intact as far as possible.
4. The costs for returning the Products will be borne exclusively by the Customer, in accordance with the provisions of art. 67, paragraph 3, of the Consumer Code (Legislative Decree no. 206/2005), and in the light of the ruling of the Court of Justice with the sentence given in the procedure C-511/08 (concerning the protection of consumers and the of withdrawal in contracts concluded at a distance), after exercising the right of withdrawal, the Customer will in any case have to bear the costs to return the goods to the seller, which will be communicated in advance, as well as the responsibility of the Products until the delivery to VenicEmotion .it.
5. As soon as possible, or at the latest within 14 (fourteen) working days following the validation of the return operation of the Product / s by VenicEmotion.it, it will refund the price to the Customer.
6. Unless otherwise agreed between the parties, the Customer cannot exercise the right of withdrawal, among other things, in the following cases: - the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned o they risk deteriorating and / or expiring rapidly; - in all other cases provided for by law, with particular reference to art. 59 of the Consumer Code. In any case, the right of withdrawal is excluded if the Product has been manipulated in a different way from what is strictly necessary to establish its nature, characteristics and functioning.
1. For the purposes of the Contract, the written form includes any communication by electronic means that allows a permanent recording of its content (such as, for example, e-mail messages and html pages).
7. Retention of the Agreement
1. The Contract and the related order documents are stored, stored and archived by VenicEmotion.it at its headquarters, for the formalities necessary for the execution of the Contract, as well as for the related obligations and the requirements required by law, in compliance with Privacy Code (Legislative Decree No. 196/2003) and EU Regulation 2016/679 of 27 April 2016.
2. The Customer may request to access and view these documents, upon written request to be sent to VenicEmotion.it at least 7 previous working days by registered letter with return receipt. The Customer may request VenicEmotion.it to be provided with an electronic and / or paper copy of the Contract, against payment of the cost of reproduction and the support provided.
3. In any case, the Customer is required to memorize, keep and file both an electronic and paper copy of the Contract.
8. Treatment of personal data
1. The processing of personal data provided by the Customer will take place in accordance with the provisions of Legislative Decree 30 June 2003, n. 196 ("Code regarding the protection of personal data") and pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 and its subsequent amendments and additions. To this end, VenicEmotion.it provides the Customer with specific information always available on the Site and reported in the order confirmation.
9. Applicable law
1. These General Conditions and the related Sales Agreement concluded between VenicEmotion.it and the Customer are governed by Italian law and, in particular, by Legislative Decree no. 70/2003 on electronic commerce as well as, with reference only to consumer customers, as defined above in art. 1, the Legislative Decree no. 206/2005 (Consumer Code), subject to mandatory provisions of the law of the Customer's country of residence that may be applicable.
For any dispute that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, the Court of PADUA will have exclusive jurisdiction.
10. Intellectual property of material and IT assets and their copyright.
All intellectual property rights connected to the Online Shop, all physical and virtual contents, photos, texts, wordings, features, descriptions, information, designs, promotions, advertising forms, are the exclusive property of VenicEmotion.it and / or legitimate producers of the individual products. The On-Line Shop and its contents may not be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of VenicEmotion.it and / or its producers.
All the products sold online by VenicEmotion.it are mainly handcrafted. Small variations in shape, size, color, small imperfections, different details are inevitable and are typical of the manual processing of jewelry, bijoux and goldsmithing in general.
Venicemotion.it reserves the right to modify the characteristics of the products advertised on the site without any notice to customers and interested parties.
Venicemotion.it also guarantees that the material sent to the customer who placed the order in the previous 36 hours complies with and exactly respects the material viewed, chosen and purchased by the customer.
Pursuant to EU Regulation no. 679/2016 ("GDPR") relating to the protection of individuals with regard to the processing of personal data, which replaced the Legislative Decree n. 196/2003, the processing of information concerning the interested party will be based on principles of correctness, lawfulness and transparency, in order to guarantee the security and confidentiality of the data.
We invite you to carefully read the Information below so that the User of the Site can be aware of and can express in an informed way consent to the use of the Data, allowing us to provide a high-level service in full compliance with the rights of the interested parties.
This Site and any services offered through the Site are reserved for individuals who have reached the age of eighteen. The Data Controller therefore does not collect personal data relating to persons under the age of 18. At the request of the Users, the Data Controller will promptly delete all personal data involuntarily collected and relating to minors.
Type of Personal Data processed.
The following categories of Personal Data concerning Users can be collected:
Mandatory contact data in case of registration - information relating to name / surname, complete address, landline number, mobile number, e-mail address, tax code and / or VAT number.
Other personal data - information that the User voluntarily provides, by filling in the optional fields prepared by the Data Controller for the purposes specified below, such as date of birth, date of marriage, level of education or professional situation. If Personal Data are provided on behalf of third parties, the User must first ensure that the interested parties have read this Information;
Interests - information that the User provides regarding his interests, including the products of the Owner in which he is interested;
Use of the website - information relating to the ways in which the User uses the Site, opens or forwards our communications, including the information collected through cookies (see our specific Cookies Policy).
Purpose and legal basis of the processing
User Data will be lawfully processed by the Data Controller pursuant to art. 6 of the Regulation for the following processing purposes:
1. navigation of the site, in relation to the possibility of detecting User data necessary at a technical level, such as eg the IP address, while browsing the site. These User Data will be used by the Owner for the exclusive purpose of ascertaining the User's identity (also by validating the e-mail address), thus avoiding possible fraud or abuse.
2. contractual obligations and service provision in case of online purchases, to execute purchase requests for the products offered on the "e-commerce" section of the Site, according to the General Conditions of Sale, which are accepted by the User during registration on the Site and fulfill subsequent reports and requests from the User. The provision of contact data is in fact mandatory to fulfill contractual obligations.
3. administrative-accounting purposes in the case of online purchases, or to carry out organizational, administrative, financial and accounting activities, functional to the management of the contractual relationship. The provision of the User's contact data is in fact mandatory to fulfill contractual obligations.
4. legal obligations, or to fulfill obligations established by law, by an authority, by a regulation or by European legislation which the Data Controller is required to comply with. The provision of the User's contact data is in fact mandatory.
Failure to provide contact data will make it impossible for the User to browse the Site, register on the Site and use the services offered by the Owner on the Site.
The related legal basis of the processing is the execution of a contractual relationship requested by the User (pursuant to article 6, paragraph 1, letter b) of the Regulation and article 24, paragraph 1, lett. b of the Privacy Code) or the fulfillment of legal obligations (pursuant to article 6, paragraph 1, letter c) of the Regulation).
Further processing purposes: marketing (sending newsletters, advertising material and commercial communications).
With the free and optional consent of the User, the User's contact data and any other Personal Data provided may also be processed by the Data Controller for marketing and newsletter purposes (sending advertising material, direct sales, commercial communication, sending of newsletter containing information in relation to news relevant to the sector relating to the activities of the Site), or so that the Data Controller can contact the User by mail, e-mail, telephone (fixed or mobile, with automated call systems or through the intervention of an operator), SMS / MMS to present the Controller's products and services to the User, communicate invitations, promotions and commercial opportunities.
The provision of Personal Data is optional and, in case of lack of consent, the possibility of registering on the Site will not be affected in any way.
The relative legal basis of the processing is any consent, freely expressed by the User, for the execution of the aforementioned marketing purposes (pursuant to article 6, paragraph 1, letter a) of the Regulation and article 24, paragraph 1, lett. b of the Privacy Code).
In case of consent, the User may at any time revoke the same, by making a request to the Data Controller in the manner indicated below.
The User can also easily oppose further sending of promotional communications and email newsletters by clicking on the appropriate link for the withdrawal of consent, which is present in each promotional and newsletter email. Once the consent has been revoked, the Data Controller will send the User an e-mail message to confirm that the consent has been revoked.
The Data Controller informs that, following the exercise of the right to object to the sending of promotional communications and newsletters via email, it is possible that, for technical and operational reasons, the User continues to receive some additional messages. Should the User continue to receive promotional messages and / or newsletters, please report the problem to the Owner, using the contacts indicated in the paragraph "Rights of interested parties".
To revoke the consent of receiving em, ail for informative and commercial purposes, the Customer is required to send an e-mail to firstname.lastname@example.org with the subject: Name and surname - revocation of marketing consent.
Further processing purposes: profiling
With the free and optional consent of the User, the User's Personal Data (i.e. contact data, other personal data, use of the website and information relating to the services to which the user has expressed his interest ), may also be processed by the Data Controller for profiling purposes, or to reconstruct the User's tastes and consumption habits, in order to be able to send the User commercial offers consistent with the identified profile.
The provision of Personal Data is optional and, in case of lack of consent, the possibility of registering on the Site will not be affected in any way.
The relative legal basis of the processing is any consent, freely expressed by the User, for the execution of the aforementioned profiling purposes (pursuant to article 6, paragraph 1, letter a) of the Regulation and article 24, paragraph 1, lett. b of the Privacy Code).
In the event of consent, the User may at any time revoke the same, making a request to the Data Controller in the manner indicated in the paragraph "Rights of the interested parties".
Methods of data processing
The Data Controller will process the Personal Data of Users using manual and IT tools, with logic strictly related to the purposes themselves and, in any case, in order to guarantee the security and confidentiality of the data. The data spontaneously provided are collected with electronic tools directly by the Data Controller and / or through third parties expressly appointed as Data Processors or Trustees, also through computer systems related to the Site, both to offer higher quality services and, if you give your consent, for both direct and profiled marketing purposes.
The Users' Personal Data will be kept for the time strictly necessary to carry out the purposes for which they were collected, and until the consent is revoked by the User, and in any case this retention period will comply with the provisions of the Applicable legislation.
The contact data will be kept for the period of time necessary to fulfill contractual obligations arising with the User, to fulfill tax obligations and for the civil protection of the interests of both Users and the Owner.
The Personal Data of Users acquired for marketing or profiling purposes will be stored in accordance with the Applicable Regulations as well as with the provisions of the Authority for the Protection of Personal Data in force.
Scope of communication and dissemination of data
The Data Controller designates specific Data Processors and Persons in Charge, each according to the respective scope of duties, who operate under the direct authority of the Data Controller, from which they receive adequate operating instructions, which may have an operational headquarters both inside and outside the Union. European.
The employees and / or collaborators of the Data Controller in charge of managing the Site may become aware of the Personal Data of the Users. These subjects, who are formally appointed by the Data Controller as "data processors", will process the User's data exclusively for the purposes indicated in this information and in compliance with the provisions of the Applicable Regulations.
Third parties who may process personal data on behalf of the Data Controller as "External Data Processors" may also become aware of the Users' Personal Data, such as, by way of example, suppliers of IT and logistics services functional to the operation of the Site. , outsourced or cloud computing service providers, professionals and consultants.
Users have the right to obtain an updated list of the Data Processors appointed by the Data Controller, by making a request to the Data Controller at the addresses indicated below.
In the event that the Data Controller were to communicate the Personal Data to Data Processors or Data Processors operating, on behalf of the Data Controller and by virtue of specific contractual obligations, in EU or non-EU member countries (for which there is a decision on the adequacy of the Commission to pursuant to the provisions of art.45 of the Regulation), the transfer will be limited to strictly necessary data, bound to the purposes for which they were collected, and in any case adopting every suitable measure to guarantee an adequate level of data protection , in full compliance with the Applicable Regulations.
Rights of the interested parties
Users of the Site have the right to request the exercise of the rights provided for by art. 7 of the Code, in the manner established by art. 8 of the Code. At any time, the User may exercise their rights towards the Data Controller, pursuant to EU Regulation no. 679/2016. In particular, by contacting the Data Controller indicated below, the User may request:
To know the existence of data processing that may concern him and, in this case, obtain access to his personal data pursuant to art. 15 of the EU Regulation no. 679/2016 and obtain without delay the communication in an intelligible form of the same data and their origin, on the recipients or categories of recipients to whom the personal data are or will be communicated;
To obtain, without undue delay, the correction or integration of personal data concerning him pursuant to art. 16 of EU Regulation no. 679/2016;
To obtain the immediate cancellation of their personal data if consent is revoked, they are no longer necessary for the purposes for which they were collected or otherwise processed or the legal basis for the processing has ceased, have been unlawfully processed or such obligation is imposed by law or by judicial authorities, pursuant to art. 17 of the EU Regulation n. 679/2016;
To obtain the limitation of the processing of data concerning him if the interested party disputes the accuracy of the same or has opposed their treatment or the latter is unlawful or although the Data Controller no longer needs it for the purposes of the processing, personal data are however necessary for the ascertainment, exercise or defense of a right in court, pursuant to art. 18 of EU Regulation no. 679/2016;
To take advantage of the right to the portability of their data, understood as the right to obtain from the Data Controller in a structured format, commonly used and readable by an automatic device, the personal data concerning him, as well as to transmit such data without impediments to another data controller pursuant to art. 20 of EU Regulation no. 679/2016;
The owner of the e-commerce site "VenicEmotion.it" is: Santinello Antonio, CFSNTNTN81D20G224B and VAT number 05098110280, based in Padua (PD), Via San Paolo, 17; REA Register PD -442858. email@example.com Authorized by specific CAT.14 license. EPASI / 2020 Police Headquarters of Padua for online retail.
The interested User can exercise these rights by simply sending a request via e-mail to firstname.lastname@example.org
It should be noted that any corrections or cancellations or limitations of processing carried out at the request of the User, unless this proves impossible or involves a disproportionate effort, will be communicated by the Data Controller to each of the recipients to whom the Personal Data may have been transmitted. The Owner will communicate these recipients if the User requests it.
Right to object
Applying the conditions referred to in art. 21 of the Regulations, the User will have the right to object to the processing of Personal Data concerning him, unless there are legitimate reasons of the Data Controller to continue the processing, by simply sending a request via e-mail to the address info @ venicemotion. it.
Revocation of consent
The User has the right to revoke the consent given at any time, without prejudice to the lawfulness of the processing based on the consent acquired before the revocation, pursuant to art. 7, par. 3 of EU Regulation no. 679/2016. This revocation may make it impossible to further proceed with the provision of the service by the Data Controller and to pursue the purposes indicated above.
Complaint to the Guarantor Authority
If the User deems that the treatment that concerns him violates the Regulations or the Code, he may lodge an appeal or complaint with the Guarantor for the protection of Personal Data (Guarantor for the protection of Personal Data, Piazza di Monte Citorio n.121 - 00186 Rome - Italy; E-mail: email@example.com ).