Terms of sale
Terms of sale
Whereas
This website www.averla.it (hereinafter the "Website") is owned by Averla lavorazioni orafe di Averla Alessandro e C. S.A.S., with registered office at Via Giovanni Vincenzo Verzellino, 54/R - 17100 Savona (SV), tax code and VAT number 01342010095, registered with the Chamber of Commerce of Savona (hereinafter the "Company"), and is dedicated to the crafting and sale of jewellery products via the internet (hereinafter the "Products"). The Website is designed, developed and managed directly by Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. and allows Users to:
- browse the Products available for purchase through the Website
- make use of a home delivery service for the Products
- pay the amount due to the Company for the purchase of the selected Products.
In the interest of fairness and transparency, the Company invites each user of the website (hereinafter the "User"), before carrying out any transaction through the website, to carefully read these general terms and conditions governing the services offered through the website (hereinafter "General Terms and Conditions"), the "support" section, any additional conditions listed in the various sections of the website, the specific terms governing the use of individual services, including any document referenced therein or any other notice, legal disclaimer, privacy notice or disclaimer published on the website, which shall be considered an integral and substantial part of these General Terms and Conditions. Should the User not wish to accept these General Terms and Conditions and/or any other notice, legal disclaimer, privacy notice or disclaimer published on or referenced from the website, they are invited not to use the website or its related services.
Terms and conditions of use of the website
This document defines and governs the general terms and conditions of use of the Website and the Services provided through it to the User by Averla lavorazioni orafe di Averla Alessandro e C. S.A.S., as identified above. Each User who makes a purchase on the Website is required to print or save an electronic copy of these General Terms and Conditions. Use of the Website by each User is subject to the terms set out in these General Terms and Conditions, even if the User does not make use of any of the Services or functionalities available therein. In these General Terms and Conditions, in addition to terms defined elsewhere, the following terms shall have the meaning assigned to each of them. In particular: · Website – means the website accessible at www.averla.it, as well as all internet addresses (e.g. URLs, domain names and pages) and/or the related application software for accessing the Services that the Company controls or manages and that are used to offer or provide the Services, including all mirrors, replacements and backups and all web pages included in those sites. · Company – means Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. as identified above. · Service/s – means individually or collectively any service and all associated functions offered on the Website, whether free of charge or for a fee, offered directly by the Company or by third parties with the Company's involvement. The term Services includes, unless otherwise specified, all services, including paid ones, and the functions made available to Users through the Website. · User – means the Visitor, Registered, Occasional or Subscriber User and in general anyone who uses or intends to use or access the Services or the Website. · Visitor User – means the User who browses the Website and/or uses the functionalities and/or Services made available to all Users without registering on the Website or subscribing to any Service. · Registered User – means the User who registers on the Website by providing their personal data in order to gain access to the Product supply Service. · Occasional User – means the Registered User who activates the Occasional Service under the conditions set out below. · Subscriber User – means the Registered User who activates the Subscription Service under the conditions set out below. · Products – the Products sold by the Company through the Website to Users. · Carrier – a transport company or self-employed professional entrusted with the transport of Products from the Producer to the User.
Pre-contractual information
In accordance with Legislative Decree no. 70 of 9 April 2003 on e-commerce, Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. hereby informs Users that: · in order to conclude the contract for the purchase of one or more Services on the Website, the User will be required to complete an electronic order form and submit it to Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. electronically, following the instructions that will appear on the Website and that will be present throughout the various stages of the purchase · the contract shall be deemed concluded at the time Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. registers the order form completed by the User, following verification of the accuracy of the order data, and at the time the User has received confirmation at the email address provided at the time of Registration · the User will have the opportunity to identify and correct any data entry errors before submitting the order form, by following the instructions displayed on the Website at each stage of the purchase process. Following registration of the order, Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. shall send the User at the email address provided a confirmation notice containing a summary of the Service purchased, a precise indication of the price, the chosen payment method, shipping costs and any additional charges, and the procedure for exercising the right of withdrawal · the order form will be stored in the database of Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. as required by law for the time necessary to fulfil the Order.
Amendment of the general terms and conditions of sale and use of the website
The Company reserves the right to update, supplement and amend in whole or in part the terms of these General Terms and Conditions and each of the documents referenced therein, the Privacy Policy, the Services and their related content, including but not limited to the fees for use of the Services. The User undertakes to periodically review these terms, it being understood that the Company will do what is reasonably necessary and appropriate to bring to the User's attention, by the means deemed most effective, any changes to these General Terms and Conditions and/or the Services, as set out below. Amendments to these General Terms and Conditions shall take effect from the time of publication on the Website and shall apply only to sales concluded thereafter. The Company will inform Registered Users of any changes to these General Terms and Conditions, or to the features/limitations of the Services and/or their costs, by means of a dedicated communication sent to the User's email address provided at the time of registration on the Website and/or subsequently. Amendments and updates shall be deemed accepted by Users upon accessing or using the Website after the amendment has been published on the Website. Should the User disagree with the changes made, they are invited not to use the Website and, if they are a Registered User, may withdraw from the contract and delete their account in the "My Profile" section of the Website by clicking "Delete profile".
Age and residence
The Website and the Services offered through it are intended for Users resident in the European Territory, excluding Livigno, San Marino and Vatican City, who are at least 18 (eighteen) years of age. The Service is provided automatically by computerised systems. Any User who intends to register or subscribe to the Services by completing Registration and subsequently selecting the Services guarantees that they are of legal age and that the personal data provided is truthful, correct, up to date, pertaining to the person entering it or entered with the informed consent of the data subject, assuming full responsibility for the accuracy and truthfulness of the information provided. Should there be any changes to the data provided by Users, it shall be the responsibility of the latter to inform the Company of such updates as soon as possible.
Website registration
Browsing certain sections of the Website and accessing certain Services (such as, by way of example only: receiving newsletters and consulting the periodic product sale offer) offered through the Website is freely accessible to Visitor Users as well. Full and complete use of the Services offered by the Website requires registration on the Website itself.
Website registration procedure
In order to use the Product purchasing Service, the User is required to register by providing certain personal information (hereinafter "Registration"), indicating a valid personal email address and creating their own account (hereinafter "Profile"), following the relevant procedure set out at the time of Registration, so as to enable the Company to have a sufficient purchase profile to provide the aforementioned Services. Access to the Product purchasing service is permitted only through the use of the username and password chosen during Registration. The Registered User may at any time access their Profile to update or modify the data entered, including information relating to their preferences. It is understood that the Registered User shall be solely responsible for the accuracy and currency of such information. In the event that the Registered User does not complete the payment procedure after providing their email address and/or other data required for Registration, the User may receive a limited number of communications inviting them to complete the registration process and describing the service for which the registration procedure was initiated, without prejudice to the User's right to withdraw from the contract and to be removed from the Website by writing to info@averla.it with the subject line "Deletion request".
The Registered User undertakes to provide a personal email address to which they legitimately have access and which they check regularly. The Registered User also undertakes to promptly update their registered email address on their Account in the event of any change. Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. also reserves the right to delete accounts where it has reason to believe that the email addresses provided are invalid or potentially fraudulent.
Profile deletion
Users may delete their Profile at any time by accessing the "Profile" section of the Website, clicking on "Account" and then on "Delete Account".
Product purchase procedure
In order to purchase Products, the User must select the items of interest from those available on the Website, add them to the Cart, choose the desired delivery date and submit the order to the Company. Only Registered Users may proceed with a purchase. Once the product selection and Cart process is complete, the Visitor User is invited, in order to complete the purchase, to either: (i) if not yet registered, register on the Website by providing the required details, including a valid email address; or (ii) if already registered on the Website, log in using their access credentials. Once registered, the User may proceed to submit the order by entering the required details, after carefully reading and accepting these General Terms and Conditions and the Privacy Policy. Occasional Service: the Registered User may make individual purchases by selecting the Products they wish to receive on a case-by-case basis. To complete the order, the Occasional User must confirm their shipping and any billing details in the "Addresses" section, choose a delivery date and proceed with payment using one of the available methods. By activating the Occasional Service, the User a) guarantees the availability of the funds required to pay for the Products ordered through the Occasional Service b) expressly authorises the Company or third parties authorised by it to store the credit card identifier on their systems so as to allow the Occasional User to repurchase the Services with ease c) expressly authorises the Company to make available the receipt or invoice (in the case of a purchase made by a VAT-registered individual) for the Occasional Service in their personal profile (in the "Invoice history" section), where the electronic document will be available for download.
Order acceptance and confirmation
The order submitted by the User shall be binding on the Company only if the entire order procedure has been completed correctly and without any error messages being displayed by the Website. Following acceptance of the order, the Registered User will receive confirmation by email and will be able to view the confirmed order in their "Profile", along with a summary of the Products ordered, their prices and the delivery date. The User acknowledges and accepts that on occasion not all Products listed in the order submitted and accepted by the Company may be delivered. In such cases the Company will promptly refund the amounts relating to the Products ordered but not delivered. The Customer's right of withdrawal, to be exercised in the manner and within the timeframe set out in the following Article 12, shall remain unaffected in any case. Where requested by the User, for each order placed Averla lavorazioni orafe di Averla Alessandro e C. S.A.S. will issue a relevant electronic invoice for the Products purchased, which will be sent to the Registered User by email (pursuant to and for the purposes of Articles 14 of Presidential Decree 445/00 and Legislative Decree 52/2004).
User obligations
The User undertakes not to use the Website or related Services for illegal purposes or for purposes not contemplated by these General Terms and Conditions. The User may not use the Website or related Services in a manner that damages or otherwise prejudices the Website or interferes with other Users' use and enjoyment of the Website and related Services. The Registered User is required to keep their Account access credentials confidential and is responsible for any use of the Website made by anyone accessing it using their credentials. The Registered User undertakes in all cases to (i) not use machines, algorithms, software or other automated functions to generate page or content requests, (ii) not generate page requests through "chain letters", emails or other means by which a person or group of persons is asked to visit a page, (iii) notify the Company immediately in the event of a suspected security breach of their Account.
Service deactivation and cancellation
Should the Registered User wish to delete their profile, they must access their Account (in the "My Profile" section of the Website) and select the relevant "Cancel service subscription" option, following the relevant procedure set out therein.
Termination and discontinuation of services
The Company reserves the right to notify the User of a ban on accessing and using the Website and the Services, or any part thereof, at any time and with immediate effect, in the event of a breach by the User of the obligations incumbent upon them under the preceding Articles 8 (Product purchase procedure) and 14 (User obligations). Access to the Website may also be temporarily suspended in the event of technical issues or for maintenance purposes. Where possible, notice of such interruptions will be given on the Website. At any time the Company may make improvements and/or changes to the Website and the Services where necessary for technical reasons or in order to comply with applicable law. The Company also reserves the right to discontinue, in whole or in part, the provision of the Services at any time, with reasonable prior notice so as to allow Registered Users to fulfil submitted orders. In such cases the Company will promptly notify Registered Users by email and, in general, all Users by means of a notice on the Website.
Intellectual property
All trademarks, names, as well as any distinctive signs, designations, images, photographs, written or graphic texts used on the Website or relating to the Products may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of the Owner.
Limitation of liability
The Company undertakes to apply quality standards in relation to the Products exclusively up to the point of delivery at the location indicated by the User; any liability for the poor condition of the Products resulting from improper storage after the time of delivery or at other delivery points authorised by the User is excluded. The Company disclaims all liability for information, data and any technical or other inaccuracies that may be contained in the Website. Any complaints relating to the performance of the Service must be raised, on pain of forfeiture, within 48 (forty-eight) hours of delivery by writing to info@averla.it or through the "Contact us" section, documenting the complaint with photographic evidence where possible. The Company shall not be liable for any damages arising from the inaccessibility of the Services due to issues relating to the network, providers or telephone and/or data connections beyond its control, or due to the failure or malfunction of the User's electronic equipment. The Company assumes no liability for content created or published on third-party websites linked to the Website. Any User who chooses to visit a website linked to the Website does so at their own risk, assuming responsibility for taking all necessary precautions against viruses or other malware.
Disputes – jurisdiction
These General Terms and Conditions and any purchase made by the Customer on the Website are governed by Italian law, with express exclusion of the Vienna Convention of 1980 on Contracts for the International Sale of Goods (CISG). For any dispute relating to the application, execution, interpretation and breach of these General Terms and Conditions, the competent court is that of Savona (SV - Italy). The Customer shall nonetheless have the right to refer the matter to a dispute resolution or mediation body in respect of any disputes arising in connection with these General Terms and Conditions and any purchase or transaction carried out on the Website, with a view to seeking an alternative resolution of such disputes. For further information on this mechanism, the Customer may contact the Company via the "contacts" page.