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The terms and conditions under which Thais Bernardes Jewellery offers users access to its services available on the website www.thaisbernardes.com are described below.1. Definitions To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below: Owner: Thais Bernardes, P.I 08942300966 ; Application: the website www.thaisbernardes.com, managed by the Owner, which offers an e-commerce platform for the purchase of jewels; Products: the products and/or services offered through the Application; User: the subject who accesses the Application, regardless of their legal nature and purpose, and is interested in the Products offered through the Application; Consumer: a person acting for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out; Conditions: the present contract that governs the relations between the Owner and the Users and the sale or supply of the Products offered through the Application.2. Stipulation, conclusion and effectiveness of the Conditions The contract for the purchase of Products is concluded by means of the exact completion and sending of the order form. This form contains the details of the ordering party and of the order, the price of the Product purchased, any additional charges, the payment methods and terms, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal, as well as consent to the processing of personal data. When the Controller receives the order from the User, it shall send a confirmation e-mail or display a web page confirming and summarising the order, which can be printed, and which shall also contain the data referred to in the previous point. The Conditions shall not be deemed to be effective between the parties in the absence of the provisions of the preceding paragraph. The Holder may amend or simply update all or part of these Conditions. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of the notice to modify the Conditions. You are therefore invited to review the Terms each time you access the Application and are advised to print a copy for future reference.
4. Account cancellation and closure Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address [email protected], or by calling the Customer Service at +39 3807950519. The Owner reserves the right to suspend or close the User's account at any time and without prior notice in the event of a violation by the User of these Conditions or of the applicable legal provisions.
5. Purchases on the Application The purchase of one or more Products through the Application is allowed both to Users who are Consumers and to Users who are not Consumers. Pursuant to Article 3, paragraph I, lett. a) of the Legislative Decree 206/2005 ("Consumer Code"), natural persons who, in relation to the purchase of the Products, are acting for purposes unrelated to the entrepreneurial, commercial, professional or handicraft activity carried out. Natural persons are allowed to purchase only if they are at least eighteen years old. The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the Application and the actual Product. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative. The User expressly grants the Owner the right to accept even only part of the order placed (for example, in the event that not all the Products ordered are available). In this case the contract shall be deemed to have been concluded in respect of the Products actually sold. The Owner reserves the right to refuse an order: 1. when the Product is not available; 2. when authorisation to charge the User for the cost of the Product is denied; 3. when an obviously incorrect price is indicated at the time of purchase and recognisable as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
6. Prices and payments The Holder reserves the right to change the price of the Products and any shipping costs of the same at any time. It is understood that any changes shall in no case prejudice contracts already concluded prior to the change. The sale prices of the Products are inclusive of VAT, if due; any other taxes and/or shipping costs to be paid by the User will be indicated before the purchase is confirmed. The User undertakes to pay the price of the Product purchased in the time and manner indicated in the Application. Any possible refund to the User will be credited promptly by means of one of the methods proposed by the Owner and chosen by the User and, in the event of exercising the right of withdrawal, within a maximum of 30 days from the date on which the Owner became aware of the withdrawal. The Application uses third-party tools to process payments and does not in any way come into contact with the payment data provided (credit card numbers, names of cardholders, passwords, etc.). Should such third-party instruments deny authorisation for payment, the Holder shall not be able to supply the Products and shall not be liable for any delay or non-delivery.
7. Invoicing The User who wishes to receive an invoice will be asked for invoicing details. Invoices shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller in full indemnity in this regard.
8. Method of delivery of material Products Material Product means any movable good or digital good supplied on a material support offered through the Application. The material Products ordered will be delivered to the User, at the address indicated by the latter, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation. Upon receipt, the User is obliged to verify the conformity of the Product delivered with the order placed; only after this verification should the delivery documents be signed, without prejudice to the right of withdrawal. Should an order exceed the quantity available in the warehouse, the Holder shall inform the User by e-mail whether the Product can no longer be ordered or what the waiting time is to obtain it, asking whether or not he intends to confirm the order. The Owner shall not be liable for any delay or non-delivery of the Product attributable to force majeure causes such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the order within the agreed time. The Owner shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the User being entitled only to a refund of any price paid.
9. Right of Withdrawal of Material Products A User who is a consumer and who, for whatever reason, is not satisfied with the purchase of Material Products has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within 14 days from the date of delivery of the Product. In order to withdraw from the contract, the User must contact the Controller at the e-mail address [email protected] or call Customer Service at +39 3807950519. The User will be informed of the procedures concerning the return of the Product. The sending of the communication may be validly substituted by the return of the purchased Product, provided that it is within the same terms. The date of delivery to the post office or forwarding agent shall be deemed authentic between the parties. In the event of withdrawal, the Holder shall reimburse the payments received from the User without undue delay and, in any event, no later than 30 days from the day on which the User informed the Holder of his intention to withdraw from the contract. The Controller shall reimburse the User in the same payment method used by the User for the online purchase. 2 of 6 © 2018 The User must return the Products at his/her own expense, unless the Provider agrees to bear them, without undue delay and in any event within the period of 14 days from the date on which he/she has notified the Controller of his/her decision to withdraw. The User is responsible for the integrity of the Product (n so long as the same is in his/her possession and shall take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components. The Product must not have been subject to any handling other than that necessary to establish the nature, characteristics and operation of the Product. The Holder will not consider requests for return in the event that the returned Product is found to be malfunctioning due to misuse, negligence, damage or alteration (whether physical, aesthetic or superficial), tampering or improper maintenance or wear and tear.
10. Optional form for exercising the right of withdrawal Optionally, the User may withdraw by using the following form, which must be completed in all its parts and sent to the e-mail address [email protected], before the expiry of the withdrawal period: With this form I hereby communicate my withdrawal from the contract of sale relating to the following goods/services: __________ Order number: _______ Ordered on: _______ First and last name: _______ Address: ______ E-mail associated with the account from which the order was placed: ____________________ Date: __________
11.Conformity Warranty All Products falling under the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Application are covered by the legal conformity warranty provided for by articles 128-135 of the Consumer Code. The legal guarantee of conformity is reserved to Consumers. It therefore applies only to Users who have made the purchase through the Application for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. To those who have purchased on the Application and who are not Consumers, the warranties for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties envisaged by the Civil Code with the relevant terms, forfeitures and limitations (articles 1490 et seq. of the Civil Code) shall apply. A conformity defect that manifests itself within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect. Unless proven otherwise, conformity defects that become apparent within six months of delivery of the Product shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. After the six months, it shall be up to the User to provide proof that the damage did not originate from incorrect or improper use of the Product. Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User is entitled to have the Product restored to conformity, free of charge. To this end, the User may normally choose between repairing the Product or replacing it. This right of choice may not be exercised if the remedy requested is objectively impossible or excessively onerous. In addition, the User shall only be entitled to an appropriate price reduction or termination of the contract if one of the following situations occurs: (i) repair or replacement is impossible or excessively onerous; (ii) the Holder has failed to repair or replace within a reasonable period of time; (iii) replacement or repair has caused considerable inconvenience to the consumer. If the User intends to take advantage of the remedies provided by the legal warranty accompanying the Products, he shall contact the Controller at the e-mail address [email protected] or call the Customer Service at the number +39 3807950519. The Owner will promptly reply to the communication of the alleged conformity defect and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
12. Contents sent by the Users The User may upload on the Application material, contents, information, announcements or advertisements (hereinafter the "Contents" or individually the "Content"), provided that the Content is not unlawful (i.e. obscene, intimidating, defamatory, pornographic, abusive, or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties) or is not otherwise detrimental to the Owner and/or third parties or deplorable and does not contain viruses, political propaganda, commercial solicitation, mass e-mails or any other form of spamming. The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, management of the Contents and contact between Users) and is therefore the sole guarantor and responsible for the goods and services offered as well as the correctness, completeness and lawfulness of the Contents and his own behaviour in the context of contact between Users. 3 of 6 © 2018 www.LexDo.it In the event of the publication of advertisements, the User guarantees the availability and/or ownership of the goods/services covered by the advertisements. The User also warrants that his/her advertisements do not infringe any copyright, industrial property right or any other right of third parties. In the event of a dispute by a third party concerning any ad or conduct related thereto, the User assumes full responsibility and undertakes to indemnify and hold harmless the Owner against any damage, loss or expense. The Owner, while not being able to ensure timely control over the Content received, reserves the right to delete, move, edit or modify those that, in its discretion, appear illicit, abusive, defamatory, obscene or infringing of copyrights and trademarks or in any case unacceptable. The use of abusive language will be grounds for immediate suspension and expulsion from the Application. It is forbidden to use an e-mail address that is not the User's, to use the personal data and credentials of another User in order to appropriate the User's identity, or in any other way to falsely declare the origin of the Content. The User acknowledges and accepts that the Contents sent to interact with the Application (by way of example but not limited to, to send comments, express opinions, participate in surveys and initiatives, send images or (video and audio) may be modified, removed or published by the Owner. The User grants the Owner an unlimited right of non-exclusive use over the Content sent by the User, without any geographical area limitation. The Owner may therefore, directly or through third parties of his choice, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works from, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form or by any means now known or hereafter invented, any Content (including images, messages, including audio and video), which may be sent by the User, even through third parties. It is expressly forbidden, unless expressly authorised by the Owner: the use of automatic systems for uploading announcements, except for those expressly authorised; the serial publication and/or management of announcements on behalf of third parties by any means or methods; reselling the Owner's services to third parties. In relation to the Contents sent, the User therefore renounces all material and moral rights that he/she may claim as author even with respect to the modifications made by the Owner to said Contents and in the event that the modifications are not liked or accepted by the author himself/herself. The Content sent will not be returned and will remain the property of the Owner who therefore remains exempt from any liability towards Users for the loss, modification or destruction of the Content transmitted. The User also guarantees that the Contents are sent to the Application through his/her account by persons of age. For minors, the sending of Content must be screened and authorised by those exercising parental authority.
13. Industrial and Intellectual Property Rights The Owner declares to be the owner and/or licensee of all the intellectual property rights relating to and/or adhering to the Application and/or the materials and contents available on the Application. These Terms do not grant the User any licence to use the Application and/or individual Contents and/or materials available therein, unless otherwise regulated. All trademarks, (figurative or nominative) and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing in the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties. Any reproduction in any form whatsoever of the explanatory texts and contents of the Application, if not authorised, shall be considered an infringement of the Holder's intellectual and industrial property rights.
14. Exclusion of Guarantee The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does he provide any guarantee that the Application will be able to meet the needs of the Users or that it will never be interrupted or be error-free or that it will be free of viruses or bugs. The Owner will endeavour to ensure that the Application is available 24 hours a day without interruption, but cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Owner's control or for events of force majeure.
15. Limitation of Liability The Owner shall not be held liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors. Furthermore, the Holder shall not be liable for any damages, losses and costs incurred by the User as a result of the non-execution of the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional charges incurred. The Holder assumes no liability for any fraudulent and illicit use that may be made by third parties, of credit cards, cheques and other means of payment, when paying for the services purchased, if he proves that he has taken all possible precautions based on the best science and experience at the time and according to ordinary diligence. The User agrees to indemnify and hold harmless the Owner (as well as any subsidiary or affiliated companies, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred in defending itself in court, which may arise from damages caused to other Users or third parties, in relation to the Content uploaded or to the violation of the terms of the law or the terms of these Conditions. Therefore, the Owner shall not be liable for: 1. any loss that is not a direct consequence of the breach of contract by the Owner; 2. any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, commercial losses, loss of revenue, pro(tects or alleged savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.); 3. incorrect or unsuitable use of the Application by Users or third parties; 4. the issuance of erroneous documents due to errors relating to the data provided by the User, the latter being solely responsible for their correct entry. In no case may the Owner be held liable for more than double the amount paid by the User.
16. Force majeure The Owner shall not be held liable for the non-fulfilment or delayed fulfilment of its obligations, for circumstances beyond the Owner's reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example but not limited to, breakdowns or interruptions of telephone or electricity lines, the internet network and/or other transmission instruments, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties. The fulfilment of the obligations by the Holder shall be deemed suspended for the period during which force majeure events occur. The Controller shall do everything in its power to find solutions that enable the proper fulfilment of its obligations despite the persistence of force majeure events.
17. Links to third-party sites The Application may contain links to third-party sites. The Owner has no control over them and is therefore in no way responsible for the contents of these sites. Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.
18. Waiver No waiver by either party of any article of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated in writing.
19. Invalidity of individual provisions If any provision of these Conditions is found to be illegal or invalid, it shall not be deemed to be part of the Conditions and this shall not affect the remaining provisions which shall continue to be valid to the fullest extent permitted by law.
21. Applicable law and competent court These Conditions and all disputes relating to their execution, interpretation and validity shall be subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based. If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction shall be that of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User-consumer's right to bring the case before a judge other than the "consumer forum" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.