Terms of service
TERMS AND CONDITIONS OF SALE
ARTICLE 1 - SUBJECT-MATTER
1.1 These General Terms and Conditions of Sale (hereinafter referred to as "GCS") govern the purchase, via the Internet, of the Products (hereinafter referred to as the "Product" or "Products") offered by UNIQA COMMERCE srl, VAT 03144460593 - through its Internet site www.uniqajewels.com / . it (hereinafter the "Site") to users of the same (hereinafter the "Customers" or the "Customer").
1.2 These General Terms and Conditions are an integral and essential part of the purchase contract (the "Contract") of any Product and the forwarding of a purchase order for Products implies its total acceptance by the Customer.
1.3 UNIQA reserves the right to modify these GCS at any time. Any changes and new conditions will be effective from the moment they are published in the "Terms and Conditions" section of the Site. To this end, users can access the Site to verify the publication of the most updated General Conditions.
1.4 The General Conditions applicable to the sale of the Products are those in force on the date of dispatch of the purchase order for Products.
1.5 UNIQA COMMERCE srl’s mere tolerance or failure to contest any breach by the Customer with respect to what is contained in the General Terms and Conditions shall not be interpreted as tacit acceptance of such breach, nor as a desire to derogate from what has been agreed between the parties in these GCS.
ARTICLE 2 - SITE REGISTRATION AND SALES PROCEDURE
2.1 The user who intends to act as Customer must complete the registration procedure on the Site by providing the requested information and personal data and indicate an e-mail address to make the "login" and a "password"as requested in the appropriate section of the Site. UNIQA COMMERCE srl will send an e-mail confirming registration to the e-mail address provided by the Customer during the registration process.
2.2 The Customer who intends to proceed with the purchase of the Products must express this wish through a request made directly on the Site in the section specifically dedicated, where, following the procedures indicated therein, he will send his purchase order ("Order")and will make the payment. The data communicated for the payment will be communicated to and processed by UNIQA COMMERCE srl.
2.3 The Customer, within the product offer form, may view the essential characteristics, prices, inclusive of VAT, as well as photographs of the Product itself, published for the sole purpose of illustrating.The Customer may choose the Product to be purchased that, once selected, will enter in the "cart" section, where it is possible to know before purchase and payment, the shipping costs and the estimated delivery time.To confirm the order, the Customer, in the "shopping cart" section, must enter the shipping address and any other data useful for payment, including the credit card or PayPal account details; these data remain editable until the final submission of the order, which will take place "by clicking" on the "buy" button. Payment can be made by credit card or "PayPal" system. The charge will be made within 24 hours after the Customer sends the order confirmation.
2.4 The contract shall be deemed concluded upon receipt by UNIQA COMMERCE srl of the payment of the consideration.Once the consideration has been received, UNIQA will send the confirmation of the Order by sending the Customer an e-mail message to the Customer containing a summary of the content of the information relating to the sale and will proceed with the processing of the purchase order, without prejudice to the provisions of art. 3.2.2.5 However, the contract will be considered terminated if the Product is not available, as indicated in art. 3.3.2.6 In the case of multiple orders, as many contracts as the Products ordered will be considered. The effectiveness of each contract is subject to the actual availability of the Product, as specified in the previous art. 2.5 and art. 3.3.
ARTICLE 3 - UNIQA RIGHTS AND OBLIGATIONS
3.1 Delivery of Products: UNIQA, except as provided for in art. 3.3, undertakes to deliver the Products to the address communicated by the Customer in the Order, through the carrier in charge of their transport. UNIQA cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Customer.
3.2 The delivery of the Products takes place within the period indicated in the order confirmation, and in any case within 30 days from the conclusion of the contract. Delivery costs shall be borne by the Customer.
3.3 Unavailability of Products: UNIQA COMMERCE srl reserves the right to notify the Customer, within 5 days of purchase, to the email address indicated at the time of registration, of any unavailability of one or more of the Products purchased. In this case, the Agreement will be terminated and UNIQA COMMERCE srl will refund (on the payment card or PayPal account indicated by the same for the purchase) the price and shipping costs (where the purchase concerned only the unavailable PRODUCT or, in case of multiple orders, limited to the shipping costs specifically related to the unavailable Product).In the case of multiple orders, the unavailability of one or more of the Products ordered will not however entitle the Customer to cancel the entire Order.
ARTICLE 4 - CUSTOMER RIGHTS AND OBLIGATIONS
4.1 The Customer is solely responsible for the truthfulness and correctness of the information and data provided to UNIQA COMMERCE srl and requested by UNIQA COMMERCE srl through the Site, and undertakes to promptly communicate any changes to the data entered.
4.2 The Customer, upon confirmation of the purchase order declares:a) having read, understood and accepted the General Tax Code;b) to authorize UNIQA COMMERCE srl to process the personal data communicated at the time of purchase, and to transmit to it the personal data necessary to process the payment in the manner indicated.
4.3 Payments: the purchase receipt corresponding to the order will be displayed on the Site and may be printed.
4.4 Delivery of the Products: upon delivery of the Products to the Customer by the carrier in charge of their transport, the Customer must check, in the presence of the carrier:a) that the quantity and type of Products ordered corresponds to what is indicated in the transport document;b) that the packaging used for transport is intact, undamaged, wet or otherwise altered, even in the case of sealing materials;c) that the quantity and type of Products delivered corresponds to the order.Any anomalies or discrepancies must be immediately challenged to the carrier upon receipt of the Products, by indicating them in the delivery note.
4.5 Assistance: For any need for assistance or complaints relating to the Products, the Customer must contact UNIQA COMMERCE srl at the addresses indicated in point 11 of the GCS below.
ARTICLE 5 - GUARANTEES AND NON-CONFORMITY OF PRODUCTS
5.1 The Products offered on the Site comply with the national and Community legislation in force in Italy.
5.2 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided by articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Warranty is reserved for consumers.
5.3 In case of lack of conformity, the Customer has the right to return the price and shipping costs.
5.4 The rights arising from the legal guarantee of conformity may be exercised provided that the Products have been used correctly, with due diligence and in compliance with the intended use and with the provisions of the enclosed indications, as well as prior presentation by the Customer of the delivery note and the indication of the order number. The costs related to the return of Products due to the exercise of the guarantee will be borne by UNIQA.
5.5 Conventional guarantees relating to products sold are those provided directly by the manufacturer.
ARTICLE 6 - USE OF THE SITE
6.1 Description and visualization of the Products: the descriptions of the Products and the images on the Site correspond to what is made available by UNIQA COMMERCE srl. The photographs and videos of presentation of the Products together with the descriptive information are published on the Site for descriptive purposes, provided that the quality of the images (e.g. in terms of exact display of colors) may depend on the software and IT tools used by the Customer when connecting to the Site.
6.2 Malfunctions: UNIQA COMMERCE srl assumes no responsibility for the problems caused to the Customer by the use of the Site and the technologies used as not dependent on its own will, such as, for example:a) errors, delays or impossibility of access to the Site by the Customer during the execution of the sale procedure;b) errors, delays or impossibility in the receipt by the Customer of communications made by UNIQA COMMERCE srl in relation to the sale of the Products.
ARTICLE 7 - SUSPENSION OF SERVICE
7.1 UNIQA COMMERCE srl reserves the right to temporarily suspend, without any prior notification, the provision of the Services for the time strictly necessary for technical interventions necessary and/or appropriate to improve the quality of the Services.
7.2 UNIQA COMMERCE srl may, at any time, discontinue the provision of the Service if there are justified security reasons or breaches of confidentiality.
ARTICLE 8 - SITE CONTENTS AND INTELLECTUAL PROPERTY RIGHTS
8.1 UNIQA COMMERCE srl informs that the Site, its presentation, as well as all trademarks and distinctive signs used by UNIQA COMMERCE in relation to the sale of the Products, are protected by intellectual and industrial property rights and therefore any form of reproduction, communication, distribution, publication, alteration or transformation of the contents of the Site, in any manner and for any purpose, the trademarks and distinctive signs used by UNIQA COMMERCE (such as, but not limited to, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, functionalities and design of the Site).
ARTICLE 9 - APPLICABLE LAW AND JURISDICTION
9.1 The law applicable to the sale of the Products is the Italian law.9.2 In the event that any dispute should arise, the exclusive jurisdiction to determine it will be of the Court chosen by UNIQA COMMERCE srl.
