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Terms and conditions of sale

INDICE

1. GENERALITY

The following terms and conditions as well as all other related rules adopted by Farnese Gioielli S.r.l. and made available as indicated (collectively, “Terms of Sale“) will apply to all sales of Farnese Gioielli products that you (the “Customer” or “you“) may order on the website (www. farnesegioielli.it/) (the “Website“) of Farnese Gioielli Srl whose registered office is Piazza di San Lorenzo in Lucina, 26 – 000186, Rome, Italy (“Farnese Gioielli” or referred to herein as Farnese, “we“, or “our“)
(the “Customer Contact Center”).
These Terms of Sale apply exclusively to purchases made from the Customer Contact Center or the Website. Farnese may modify the Terms of Sale from time to time, in its sole discretion.

The Terms and Conditions of Sale shall apply to the placing of an order, in the case of an order placed through the Website. In the case of an order placed through the Website, when you check the “I accept” or similar box in the order confirmation section of the Website before placing your order with Farnese, you confirm that you understand and accept these Conditions of Sale in their entirety. In the case of rejection of these Conditions of Sale, no Farnese product may be ordered from the Website. Any person who intends to use the Website shall be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and Privacy Policy, which are incorporated by reference into these Terms of Sale.

2. WHO CAN MAKE PURCHASES

Only those who (a) have reached the age of majority (eighteen years of age in most countries), (b) have the legal capacity to enter into contracts may order from the Website (see the payment and shipping sections below for details). If you are a minor or not legally able to enter into a contract, you must have a parent or legal guardian place an order on your behalf and thereby accept these Terms of Sale. Any order placed in contravention of this provision will be void.

In placing an order through the website, you represent and warrant that you are a bona fide customer and that you will not supply, sell or distribute Farnese products, nor will you purchase Farnese products for commercial purposes or for any other commercial advantage. If despite our best efforts, the product is no longer available or if Farnese believes, for legitimate reasons, that an order violates these Terms of Sale, Farnese may refuse the order.

3. PRODUCT AVAILABILITY

All orders placed through the website are subject to availability and acceptance by Farnese. Farnese reserves the right to modify the range of items offered on the website and may limit, from time to time, the quantity of Farnese products that the Customer may order for each purchase session. The product pages on the website provide all the information relating to the products currently on sale, Please note that only the creations that have the “Add to Shopping Cart” button are available for sale through the website. You may contact Farnese Customer Care (telephone number indicated on the website) for further information on product availability and assistance in purchasing products not available for sale online.

4. ACCOUNT REGISTRATION: PERSONAL INFORMATION

In order to place an order from the Website, you must register and create an Internet account, unless you select “Guest Checkout” on our Website. To register, you will be required to provide valid, up-to-date personal information, including your name, telephone number and email address, and to confirm that you are of legal age.

Once you have registered your personal account on the website, you will receive an email message allowing you to access your account on the website and create a permanent account and password. You will receive a second email message summarizing the personal information you provided when registering your account. It will be the responsibility of the Customer to ensure the confidentiality and security of the password and access data for their account. Farnese is not responsible for any abuse of the Customer’s account resulting from access and use of your password and account access data by third parties.

Farnese reserves the right, at any time, to change the information required to place a new order or the registration requirements. Any changes will be posted on the website. Please see our Privacy Policy and Clause 8 of these Terms of Sale for more details on how Farnese uses the personal information you provide.

In the case of a change in the information provided on the website, please log in to your account and update this information directly or communicate it to Farnese as outlined in our Privacy Policy. In addition, if Farnese reasonably believes that a third party has breached a Customer registration, password, and/or unauthorized access has been made, Farnese will immediately delete and close such account and notify Customer by email or telephone.

5. ORDERS

If you wish to place orders on the Website, your order will be handled as follows: Once you have chosen a product, you can add it to your shopping cart. It will then be possible to purchase further products and add them to the shopping cart (depending on availability) or proceed to “Order”. It will also be possible to eliminate one or more products in the shopping cart. When ordering from the website, you will be asked to provide other personal information, including shipping address, billing address, and payment details. You warrant that all personal information you provide to Farnese is true and correct. Please refer to our Privacy Policy for more information on how Farnese uses the personal information you provide.

6. PRICES, TAXES, SHIPPING COSTS

All prices shown on the product pages of the website are inclusive of VAT and shipping costs. The currency used will be updated on the basis of the shipping destination after receiving the delivery address.

Farnese reserves the right to modify prices and delivery costs on its Platforms, at any time and without notice. The price of a product and the delivery costs indicated on the website, as indicated by Farnese at the time of order confirmation, shall be honored by Farnese. Any description or information regarding the weight of precious materials and the number of stones and carats is provided as an indication and may vary slightly.

Please note that changes in applicable law between the date you place your order and the date you receive an order confirmation may result in changes to the tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask you to reconfirm your purchase.

We may offer a VAT refund mechanism for products delivered to certain countries in the European Union, USA, and Canada no later than thirty (30) days after their export outside the European Union. This mechanism will not be available to customers in the European Economic Area.

7. VERIFICATION AND CONFIRMATION BY THE CUSTOMER

The Customer is required to carefully verify all details of each purchase before proceeding to order from the website.

Once the verification of the order is complete, check the box “I have read and accept the terms of sale” and then click on “Order with obligation to pay” or a similar button on the Website to place the order. By placing your order you are offering Farnese the opportunity to purchase the products you have placed in your “Shopping Cart”. Unless otherwise stated in these Terms of Sale, Farnese reserves the right to refuse and cancel orders at any time for legitimate reasons. For example, Farnese may refuse or cancel an order in the event of an ongoing dispute regarding a payment for a previous order, or if Farnese believes that the Customer has violated the Terms of Sale.

8. PAYMENTS

8.1 Payment by credit or debit card

Payment can be made by credit or debit card, following the instructions on the Website. When placing an order on the Website, the Customer must enter their payment details on the respective page.

Credit/debit card holders are subject to validation and authorization checks by the card issuer. If the payment card issuer denies authorization for payment due to Farnese, it shall be the responsibility of the Customer to contact the issuer to resolve the issue. Farnese shall not be responsible for any delay or non-delivery.

For order processing purposes, Farnese may pre-authorize the card used for payment. The amount of your purchase will be blocked on the card until the goods are shipped to the shipping address provided to Farnese. Subsequently, an Order Confirmation will be sent and the card will be charged with the relevant amount to be paid. By offering to purchase Farnese products on the Website, you expressly authorize Farnese to pre-authorize and, at Farnese’s discretion, to transmit to or request from third parties information (including all current information) about you, including, but not limited to, your card number, to authenticate your identity, to validate your card, to obtain an initial card authorization, and to authorize individual purchase transactions. Please see our Privacy Policy for more information on how Farnese uses your personal information.

Pursuant to this Agreement, the services of payment procedures for goods and/or products purchased on this Website by credit or debit card are provided by GEST PAY depending on the type of payment method used to purchase the goods and/or services.

8.2 Payments via PayPal

You can also pay via PayPal, as indicated on the Site.

8.3 Security

Farnese takes precautions, including administrative, technical and physical measures, to safeguard personal information against loss, theft, misuse and against unauthorized access, disclosure, alteration and destruction. Farnese uses Secure Sockets Layer (SSL) encryption for all internet pages where personal information is required to be entered.

Farnese is committed to protecting the Customer’s personal information throughout the entire online sales process. However, it is not possible to guarantee the security and integrity of the data transmitted to the website and therefore Farnese cannot be held responsible for damages or losses deriving from the use of the internet, such as in the case of hacking (illegal intrusion into computer systems). For more information on how Farnese uses and protects Customer information, please see our Privacy Policy.

In order to secure transactions and prevent fraud, Farnese will conduct a credit card and anti-fraud check. Upon placing your order, you will be deemed to have authorized Farnese to perform these verifications and, where Farnese deems it necessary, to transmit or obtain personal information that you have provided to Farnese to authenticate your identity, to validate your credit card, to obtain credit card pre-authorization, and to authorize a specific purchase transaction.

9. NOTICE OF RECEIPT OF ORDER

Once you have placed your order on the website, you will receive an order acknowledgement by email which will contain the details of your order and the Terms and Conditions of Sale. The order acknowledgement will contain an order reference number assigned by Farnese. Once received, please read these Terms of Sale carefully and be sure to keep the Order Reference Number for possible investigation of the same.

This Order Receipt Notice does not constitute acceptance of your order. After the transmission of the order receipt notice, Farnese will carry out the normal security checks and then proceed to process the order placed.

10. ORDER CONFIRMATION

Upon shipment of the product you have ordered and when Farnese has completed the security checks, Farnese will send, by email message, a written Order Confirmation.

Farnese will take care of keeping the information related to all orders as required by current regulations. These documents are accessible to the customer by registering in their personal area on the website or by contacting Customer Care.

11. PACKAGING AND PACKING

The products will be delivered in their cylindrical packages and in turn will be placed in a packaging box wrapped with bubble wrap material. Inside the same box will also be placed the leaflet of the Share Your Smile Collection line.

If the customer or the recipient of the gift decides to return the product, they can do so as long as the product is returned in its original packaging.

12. SHIPPING POLICY

We only accept orders with delivery to addresses located in Europe in one of the following countries: UK, France, Belgium, Netherlands, Luxembourg, Ireland, Spain, Portugal, Italy, Germany, Austria, Denmark, Sweden, Finland, Czech Republic, Bulgaria, Greece, Poland, Hungary, Malta, Lithuania, Slovakia, Romania, Croatia, USA and Canada. Farnese does not ship to certain addresses, including P.O. Boxes or hotels. For more information, please consult the website or contact Customer Service. Estimated delivery times will be indicated on the website before placing your order and summarized in the order acknowledgement. For further information please consult the website or contact Customer Service.

When estimating the delivery time of the package, evaluate the time required for credit approval, address verification and order processing. When the order is finalized and ready to ship, Farnese will send order confirmation by email.

We will make every effort to ensure delivery by courier within the estimated delivery time from the date of our order confirmation.

Each delivery package will contain, in addition to your purchased Farnese product: (i) all related accessories, if any; (ii) a thank you card, if any; (iii) the Share Your Smile Collection leaflet; (iv) a paper card with your message if any; (v) the packaging without price.

Farnese covers the purchase with insurance for the time of transport and until delivery to the Customer. An adult signature is required to confirm delivery of any Farnese product. From that moment, the responsibility of the product shall pass to the Customer.

13. INVOICES

When ordering on the website, as a customer, you will have the option to choose to receive an invoice at your billing address. You can request an invoice at any time by contacting Customer Service (phone number listed on the website) providing correct identification. Farnese will not send the invoice and payment details to the shipping address if it is different from the billing address.

14. RIGHT OF WITHDRAWAL

If the Customer is a resident of the European Union, he/she has the right to cancel the contract within 14 days without having to justify it. This period will expire within the fourteen (14) days following the day on which the Customer, or another person on behalf of the Customer, takes possession of the product.

To exercise this right of cancellation, you may contact Customer Service (telephone number and email address provided on our website) to obtain a Return Number (RN), which we will confirm to you in writing. Alternatively, you must notify us of your decision to withdraw from this contract by an unequivocal statement (e.g. by post or email). info for exercising the right of withdrawal

If the Customer withdraws from the contract, he will be refunded the payments already made, including delivery costs with the exception of additional costs related to the shipment made by the customer at Farnese’s headquarters for the return of the goods, which must be done in any case within 14 days from the date on which we become aware of your decision to withdraw from the contract.

We will make the reimbursement using the same means of payment used by the Customer for the initial transaction; in any case, there are no charges to be paid by you for this reimbursement. Farnese may suspend the refund until it has received the returned products or until the Customer has documented the return of the products.

The Customer shall return the products or return them to us promptly and in any case within 14 days from the date on which he communicates to us his decision to withdraw from the contract. This term will be considered respected if the Customer returns the products before the 14 days have expired. Farnese will not bear the costs of returning the products.

The Customer shall be liable for any decrease in the value of the product if the wear and tear is caused by use beyond the ordinary quality inspection and functional tests performed on the product. “Quality inspection and functional testing” shall be understood to mean product testing customarily done in a retail store. Accordingly, if the product is damaged, Farnese will deduct the cost of repair or replacement from the refund granted.

15. RETURN PROCEDURE

15.1. Return procedure

Products purchased on the website can be returned to the following address: Farnese Gioielli S.r.l. Piazza di San Lorenzo in Lucina, 26 – 000186, Rome. Products that have not been purchased on the website CANNOT be returned to Farnese e-commerce.

To facilitate the return procedure, please follow the instructions below:

1) contact Customer Service (phone number and email address listed on our website) to inform us of the decision to withdraw and request a Return Number (RN) (we will not apply any surcharge to the cost of the communication).

Then, for all products:

IN CASE OF DELIVERY BY COURIER CHOSEN BY THE CUSTOMER

i) Contact Farnese Customer Service to communicate your wish to withdraw and request a Return Number (RN) to be attached to the return form.

ii) Contact the customer contact center of the courier chosen to arrange the withdrawal.

iii) Enter the Return Number (RN) on the return form you received via email from your carrier and sign it.

iv) Include the completed return form with the Product, its accessories if any, the Product leaflet and all other documents if any, in the original box and in the delivery packaging,

v) Seal the delivery package and attach the prepaid delivery label to it,

vi) Deliver the package to your carrier for shipment.

IN CASE OF DELIVERY BY COURIER PARTNER FARNESE

i)Contact the Farnese Customer Contact Center to communicate your wish to withdraw and request the return number (RN) to be attached to the return form.

i) The Customer Contact Center will complete the TNT online return form on your behalf and promptly send the completed return form to your email address,

iii) You will need to print the return form, sign it and give it to TNT at the time of pickup. If you do not have a printer, the TNT hub will provide you with the printed form at the time of pickup,

iv) Place the completed TNT return form with the Product, its accessories if any, the Product leaflet and all other documents if any, in the original box and delivery packaging.

(v) TNT will pick up the package and send it to our warehouse.

The Customer, or Gift Recipient, as the case may be, must retain proof of shipment of the returned product, and Farnese accepts no responsibility in the absence of such proof. Only goods received from the Farnese e-shop may be refunded or exchanged for another product, as the case may be.

Upon receipt of a returned product, Farnese will verify that the product complies with the Conditions of Sale.

15.2. Conditions for returning a product

Return the original Farnese box and delivery packaging, with the product, its accessories if any, the Product leaflet and all other documents if any, in the original box and delivery packaging with all protective materials in order and the labels and stickers attached to the outer packaging. Otherwise, Farnese has the right to retain the corresponding value from the refund granted to the Customer, or to refuse the return and send the product back to the Gift Recipient.

All returned products will undergo Farnese’s strict Quality Control (QC) to ensure that the returned products meet the above requirements.

If the returned product meets the Quality Control (QC), Farnese will process a refund or product exchange, as appropriate.

15.3. Product change for customers and gift recipients

Customers and Gift Recipients may contact Farnese Customer Service to exchange a product purchased on the website for another Farnese product if the product to be exchanged meets the Conditions of Sale.

If a product is returned to exchange it for another product at the Farnese e-shop by a Customer or Gift Recipient, only the Customer shall be entitled to receive a refund of the price difference, if the product to be exchanged is more expensive than the desired Farnese product. If the returned product is less expensive than the desired product, the Customer or Gift Recipient, as the case may be, shall pay the price difference.

In either case, Farnese will send an email to the Customer specifying the value of the returned product, the price of the item with which the original product was exchanged, and the difference the Customer must pay or the amount the Customer is entitled to receive. All shipping costs will be the responsibility of the Customer.

16. MANUFACTURER’S WARRANTY

Farnese takes great care to ensure that each product strictly complies with the company’s quality criteria and has passed all tests, both in terms of functionality and aesthetics.

The chosen products are covered for life by Farnese’s International Warranty, which provides for the possibility to replace your silver jewel (therefore not the leather SMILE) if they are worn out by time, at the nearest retailer. This operation must be communicated in advance to Farnese Customer Care, which will coordinate all the phases of the replacement management.

17. LEGAL WARRANTY

The consumer has legal rights under applicable national legislation governing the sale of consumer goods; these legal rights are not affected by these Terms of Sale.

18. REPAIRS

If you have any questions regarding repairs, please contact our Customer Service Department (phone number and e-mail address listed on the website).

19. ACCURACY OF PRICES AND PRODUCT DESCRIPTIONS

Farnese takes the utmost care to ensure that the information published on the website is accurate, whether in advertisements or in the catalog. However, Farnese does not provide any guarantee, either expressed or implied, as to the accuracy, reliability or completeness of this information. Farnese does not confirm the price of a Farnese product until an order confirmation has been issued by Farnese confirming the existence of a binding sales contract. If the actual price of a Farnese product is higher than the price listed on our website, Farnese shall contact the Customer for instructions before shipping the order, or, if Farnese cannot obtain such instructions, Farnese may reject the order and notify the Customer of the rejection.

Every effort shall be made to ensure that the descriptions, photographs or graphic representations of Farnese products displayed on the website or in a catalog are as accurate as possible. However, Farnese does not guarantee that these materials or other content are free of errors, whether they be inaccuracies, omissions, out-of-date data or otherwise. Consequently, the Customer’s only recourse in the event of such an error is to return the product as set forth in our return policy.

20. FINAL PROVISIONS

Information and complaints. In case of complaint, we invite the Customer to contact our Customer Care at the following addresses: Farnese Gioielli S.r.l. Piazza di San Lorenzo in Lucina, 26 – 000186, Rome. For further information or complaints, you may also contact the Customer Contract Centre at the telephone number and e-mail address indicated on the website.

Online Dispute Resolution. As a consumer residing in the European Union, you have the right to file a complaint with an alternative dispute resolution organization. To find a list of such organizations in your country, you may refer to the European Commission’s online dispute resolution platform at http://ec.europa.eu/consumers/odr/.

Indivisibility of the contract. The Terms of Sale, including the policies therein (e.g., the Privacy Policy) constitute the entire contract between the Customer and Farnese for the purchase of Farnese products from the website, and cancel and replace all previous terms of sale.

Severability. In the event that any provision of the Terms of Sale is deemed partially void or unenforceable by a Court for any reason, it shall be void or unenforceable to that extent only, and the validity and enforceability of any of the other provisions of the Terms of Sale shall not be affected.

21. JURISDICTION CLAUSE

These Conditions of Sale are drafted in accordance with Italian law and in compliance with the specific provisions of Legislative Decree no. 206/2005 (“Consumer Code”), Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003, as duly amended over time.

22. JURISDICTION

Any disputes and controversies that may arise in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Court of Rome.

Farnese or the customer will first make all necessary efforts for a period of thirty (30) days to settle amicably any dispute or disagreement that may arise about the product, the Terms of Sale for any breach thereof.

23. RETURN FORM

Fill in and send the return form at the following link (pdf or word format), only if you wish to withdraw from the contract, and send it signed to: Farnese Gioielli S.r.l. Piazza di San Lorenzo in Lucina, 26 – 000186, Rome.