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GENERAL CONDITIONS OF THE CONTRACT OF SALE

 

1) GENERAL GUIDELINES AND REGULATIONS GOVERNING THE CONTRACT ON LINE AND MAIL


The following conditions forms part of the contract of sale on-line or by mail, between the purchaser-consumer, which will then appointed "CUSTOMER" and "Matecam s.r.l. licensee of the brand Jes - Titanium Design, hereinafter apponited "SELLER" and regulate the preliminary stages, the conclusion and execution. Regulations on the main street in this type of sale is represented by Legislative Decree no. 50/1992, Legislative Decree no. 114/1998, Art. 18 (a discipline related to the field of commrecio), Legislative Decree no. 185/1999 (consumer protection in distance selling), the EEC Directive. 2000/31, Legislative Decree no. 70/2003 and Articles. 1341 et seq. of the Civil Code. Any modifications of these general conditions of sale will be announced by publication on the website www.jesdesign.it and will be valid only for contracts concluded after the entry into force.

2) OBJECT OF THE CONTRACT


The contract is for the sale of the items that Jes-Titanium Design puts on the market on-line by using the system of distance selling via website www.jesdesign.it. The SELLER agrees to use the best means available to represent as accurately as its products on the site www.jesdesign.it; However, the finishes and the actual colors may vary slightly from the pictures published in view of the fact that what is represented in video highlights the nuances of the actual product viewed with the naked eye. The products treated with anodize ture and PVD processes may have small uneven areas since these are special processes.

3) PURCHASE ORDERS

Purchase orders of the on sale products must be made by filling in every part the order form that the seller makes available on its website and once the customer has selected the product, and included it in shopping basket, for the purposes of the law it has to be considered as a contractual offer to purchase. Alternatively, the CUSTOMER can request information via email to the SELLER jesdesign@jesdesign.it and getting a quote, if it will accepted, it will be confirmed by the SELLER with an order confirmation.

4)  THE CONTRACT


This electronic contract, in the light of the aforementioned legislation, shall be concluded at the moment when the CLIENT receives email from SELLER to communicate confirmation of the order by the latter. Such notice will contain a summary of the general and specific conditions applicable to the contract, the information on the essential characteristics of the good or service and the details of the price, terms of payment, price, applicable taxes, and of working days required to develop the order; the working days for the completion of the good can vary from 10 to 30 days, as will be specified in the product sheet. (this period is that in which JeS-Titanium Design sends goods to the customer, not the one in which the customer receives the goods to the address.)

5) PRICES

The selling prices of the products in the price list on the website www.jesdesign.it are expressed in Euro and at the time of purchase will not be charged any shipping costs. They are offered to the public and include VAT by law. Are charged to the CUSTOMER any additional costs due to taxes or duties imposed by the legislation of the country of destination of the goods. The SELLER expressly reserves the right to change prices listed on their site at any time, however, committed to the proposals made to apply the rates in force at the time of their formation.

 

6) TERMS OF PAYMENT

 

Payment I will have to be made at the time of the order from the Client through the following forms:

a)    On line payment with credit card or Paypal

b)    Bank transfer to:

Banca Popolare dell’Emilia Romagna

Agenzia 1

Via Ravegnana, 47122 Forlì (FC) – Italy

 

IBAN: IT 05L 05387 13200 000002102586

 

BIC/SWIFT: BPMOIT22XXX

 

Beneficiary: JeS-Titanium Design

 

In the event of incomplete payment, the SELLER reserves the right not to deliver the goods until full and complete payment.

7) DELIVERY / SHIPPING OF PRODUCTS AND LIMITATIONS OF LIABILITY '

The shipping will be carried out in most countries of the world; when issues arise that make it impossible by the SELLER delivery at the place designated by the CLIENT, the CLIENT will be notified of that fact by mail to the address provided at compile time of the order form and in the event that the payment was already been made the SELLER shall refund the full amount paid due to inability to deliver the goods. The products will be deliver to the CLIENT at the address indicated thereon at the time of order. At the time of shipment of the goods, the CLIENT will be notified at the email address indicated with a message containing the vector and the number of the shipment. In the absence of the CLIENT at the time of delivery at the place specified, a warning will be issued, after which it will charge CUSTOMER make contact with the carrier within 24 hours to arrange delivery. In the event that the carrier requires the customer to go to a branch office or warehouse to pick up the goods in stock, every burden will be borne by the CLIENT. And any other responsibility of the SELLER for any failure, delay or failure in delivery due to unforeseen circumstances or force majeure. It 'also excluded such liability in case of fires, explosions, strikes, earthquakes, floods and other acts of God which would prevent the execution of the contract in the manner and within the time prescribed by these terms and conditions and the law. If then, without prejudice to cases of willful misconduct or gross negligence, were to be found responsible for the SELLER's failure to meet its contractual obligations, it is understood from the outset that it can not exceed the value of the products purchased by the CLIENT for which the dispute arose. Finally, as regards the liability of the SELLER for delays in delivery, it can not in any case exceed the cost of shipping costs incurred by the CUSTOMER.

8) TRANSFER OF OWNERSHIP 'PRODUCT

The right of ownership of the products purchased from the site www.jesdesign.it moves to CLIENT only after successful and complete payment of the googds, or after delivery if this occurs last. The risks of breakage or damage to the products pass the ends of the CLIENT at the time of delivery.

9) RIGHT OF RECESS (Art. 5 Legislative Decree no. 185/1999) AND EXCHANGE GOODS

The Client has the right to terminate the contract online, without any penalty and without specifying the reason, communicating promptly cancel the order placed by mail at eshop@jesdesign.it  of the SELLER unless having received confirmation as specified in paragraph 4 above), or before the goods are dispatched. If the CLIENT has already received the goods, the right of recess is exercised by sending, within 7 working days of a registered letter with acknowledgment of receipt at the registered office of the company or by mail by certified mail at jesdesign@legalmail.it .
Such notice shall contains the information necessary to the exact identification of the order, the clear intention of give up to purchase, the product or products for which it intends to exercise the right of recess in the same packaging in which they were delivered, intact and protected not damaged. The CUSTOMER is therefore required to return the goods or to make it available to the SELLER or designee, within 10 working days from the date of receipt of goods. In this case, the only costs payable by the CLIENT for the exercise of the right of recess will be the direct cost of returning the goods to SELLER. The SELLER, in turn, is obligated to reimburse the CUSTOMER, as quickly as possible, the amounts paid by them in respect of payment of the price, minus shipping costs incurred in sending the goods by the SELLER, and in any event within 30 days the date on which, aware of the exercise of the right of recess from the CLIENT receives the ordered goods intact and in original packaging to the following address: Matecam s.r.l.. Via Antonio Cicognani, 21/23 - 47121 Forlì (FC)- Italy. ). Shipping costs for the CUSTOMERS to returning the goods to the SELLER are EUR fifteen / 00, for all shipments and refunds made within the Italian territory. All shipments and refunds made outside the Italian territory the costs of returning will be charged to the CUSTOMER according to the shipping rates in effect at the time of order. The CUSTOMER may not exercise the right of recess:

a)    In case of custom supply, clearly personalized goods and which, by their nature, can not be returned;

b)    In the event that the failure to take delivery of the ordered goods is due to the absence of the CUSTOMER in the place of delivery, or at least to his negligence or delay;

c)     c) In the event that the products are delivered in sealed packages have been opened by the CUSTOMER.

We identify in custom-made goods or clearly personalized all the goods that, at the request of the Client, requiring a change, addition or alteration in any respect to the processing of titanium jewelry natural. They consider, therefore, goods made to measure and clearly personalized jewelry with diamonds and precious stones, settings of any kind.

10) CHANGE OF GOODS

The Client has the right to ask for a change of the goods purchased by communicating promptly with receipt of the goods by writing to the email eshop@jesdesign.it of the SELLER and in any case within 7 working days of receipt of the goods by means of a registered letter with acknowledgment of receipt at the company's registered office or by mail with certified mail at jesdesign@legalmail.it.
Such notice shall contain the information necessary to the exact identification of the order of a clear intention to request the change, the product or products for which you want to make the change and the declaration (tax receipt for orders placed in person or by mail or e-mail confirmation of the order in the case of purchases made through e-commerce). The goods must be received in the same packaging in which they were delivered, they must be intact, secure and undamaged. In the event that the goods are received damaged, the SELLER reserves the right to refuse the exchange of goods. The CUSTOMER is therefore required to return the goods or to make it available to the SELLER or designee, within 10 working days from the date of receipt of goods. In this case, the only costs payable by the CLIENT for the exercise of the right to change goods will be the direct cost of returning the goods to the SELLER and the delivery of related goods changed. If the change involves the substitution of a more expensive item, the CUSTOMER is obliged to pay the difference via bank transfer, in the event that the replacement concerns an article cheaper, the CUSTOMER can not request a refund, but is entitled to a good the remaining amount for the next purchase of a product of the SELLER. The CLIENT must send the goods to change at his own expense, undamaged and in the original packaging to the following address: Matecam s.r.l.. Via Antonio Cicognani, 21/23 - 47121 Forlì (FC) – Italy. The CUSTOMER may not exercise the right to change the purchased goods in the following cases:

a)    In case of custom supply, clearly personalized goods (such as finishes, sizes, designs, bezels of stones and whatever else comes out from the standard production) and which by their nature can not therefore be returned and replaced ;
b) In the event that the delivered products has been damaged by the CUSTOMER;
c) If the expiration of the period within which it is possible to change;
d) The change will be possible only with items already in stock and available for immediate shipment upon request by the change;
e) The change does not result in a new order;
f) A time made a change in the product or products, the CUSTOMER shall not be granted further changes.

 

11) BUYER'S OBLIGATIONS


In compliance with the requirements of Art. 3 and 4 of Legislative Decree no. 185/1999, the CUSTOMER is obliged, once the purchase process, to print and keep a copy of the general conditions laid down above, bearing in mind also that it will be the most current version of these to adjust the order ; printing or copying of the above terms and conditions serves to act as a future reference for further purchases. The CUSTOMER must not provide false or invented aliases or nicknames; the data and the mail box that he will provide when placing the order must be exclusively personal and in no way related to any third party. It 'also forbidden to minors to make purchases from this site. Needless to say, in the event of a breach of these obligations, the SELLER reserves the right to have recourse to the law to better protect both their business to be, well in general conformity with the law of online commerce, in the interests of consumers .

12) PRICES DURATION AND VALIDITY

The prices of products listed on the website and catalogue are constantly updated in real time. However, the SELLER undertakes to apply the rates in effect at the time of order and price changes may have occurred after this time will not have any effect on orders as above performed.

13) WARRANTY - USURY - DINGINESS – STONE SETTINGS

 

THE SELLER guarantees the materials used and that the product reaches the consumer intact and immaculate taking into account the fact that the surface finishes are handmade and as such are classifiable as craftsmanship, therefore any differences in measurement and / or color compared to the models of catalog or sample collection are not to be considered defects but are the peculiarities of the product. The same applies to treatments that change the color of titanium, which are also susceptible to chromatic differences compared to what is shown in the picture, in the samples or even from one product to another.

 

The warranty will never cover the damages that, at the discretion of the SELLER or an authorized dealer, are caused by accident or improper use, normal wear, even if premature but still due to use of the product, modification, attempt to repair, negligence, use of agents who are known to damage or modify the material or failure to comply with product care recommendations. (see paragraph 13).

 

The SELLER also declines all responsibility regarding the possible loss of the set stones, should the unfortunate hypothesis of loss of the set stone occur, the out-of-pocket costs of restoring the setting including new stone and shipments will be entirely borne by the CUSTOMER.

Any technical intervention and / or tampering carried out outside the SELLER will result in the termination of the guarantee.

 

The SELLER declines all responsibility even for variations, wear and fading of any nature that may occur on colored rings, as these are surface treatments of various kinds that modify the original coloring of the titanium, they are subject to non-determinable discolorations and / or wear in time and in the entity.


14) TIPS FOR THE CARE PRODUCTS

No need for chemicals of any kind to keep products in good condition, simply wash with water and if necessary wipe them with a cloth that will not scratch surfaces.


Alternatively, the products can only be cleaned with the aforementioned cloth, without the aid of liquids.


The titanium is rustproof may be in contact with water, also brackish.
Avoid contact with corrosive acids that could damage the composition of the metal and to vary the shape of the product.

15) PROCESSING OF PERSONAL DATA

Personal data provided by the CUSTOMER will be handled by both electronic and paper by the SELLER, in compliance with privacy laws (art. 13 of Law 196/2003) for purposes related to the execution of the contract, to carry out the necessary formalities tax and related communications may become necessary. The conferment of the data is required for the above purposes, otherwise it is impossible for the company to successfully execute the order placed. The data collected can be disclosed to the authorities of Public Security or other equivalent bodies or authorities authorized by law. The party enjoys the rights of access to the data under Art. 7 Legislative Decree no. 196/2003.

16) JURISDICTION FOR THE SETTLEMENT OF DISPUTES

Civil disputes related to the application, interpretation, performance and breach of purchasing contracts concluded on-line, via the Internet, through the site www.jesdesign.it are subject to these general conditions and to the Italian law. In particular, the local jurisdiction is mandatorily:

a)     Of the courts for the place Ides residence or domicile of the person acting for purposes unrelated to business or professional activity (consumer as identified by art. 1469 bis, paragraph 2 of the Civil Code), if located in the Italian territory .

b)     Of the courts for the place of performance of the contract, if the residence or domicile of the consumer is located outside the territory of the Italian State.

c)      Of the Court of Forlì, if the CUSTOMER is the holder of VAT and purchases to meet its business needs, and / or as part of its business or profession (not consumer) .2

17) CONFIRM THE READING OF THE CONDITIONS OF SALE

The validation of your order can not happen unless there is an explicit command of the CUSTOMER, aimed at confirming the successful reading of these general conditions of sale. In the absence of that command, the computer system of the site will prevent the confirmation and then validation of the order. For purchases made by mail, the SELLER is required to send those conditions at the time of the request for quote to the mail address provided by the Client. The acceptance of the quote counts as confirmation of reading and confirmation of the conditions of sale.

 

18) WARRANTY AND CUSTOMER SERVICE

If the CUSTOMER were to recognize anomalies, imperfections, or defects not attributable to SELLER, you can contact to get answers about the site www.jesdesign.it by mailing eshop@jesdesign.it  or calling the following number +39.0543.093960.

 

19) APPLICABLE LAW

The online commerce products on this web site is entirely governed by Italian law. While it is not expressly provided for in these terms and conditions, the rules of law and the Civil Code Articles. 1325 et seq. applicable to the contract in general, entered on line by the CUSTOMER with the SELLER.

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