The marketing and the sale of products through the website www.peruffojewelry.com (the “Products”) are regulated by these General Terms and Conditions of Sale.
The Products purchased through our website are sold by Fratelli Bovo S.r.l., with registered office at via Postale Vecchia 120/A – 36070 Trissino (VI), Italy, VAT no. 00564110245 and REA no. VI 137273 (“Fratelli Bovo”).
The Products sold by Fratelli Bovo through the website www.peruffojewerly.com and its e-commerce channel are exclusively destined to customers which are consumers, i.e. individuals purchasing through www.peruffojewelry.com for purposes other than for their commercial, entrepreneurial or professional activities, if any. If you are not acting in your quality as consumer, please refrain from making any purchase through the website www.peruffojewelry.com and contact Fratelli Bovo by phone at +39 044596244 or by email at customercare@peruffojewelry.com or by fax at +39 0445 490269.
ARTICLE 1: STIPULATION OF SALES CONTRACTS
Each order confirmation and submission by the customer (the “Customer”, meaning the consumer browsing the website www.peruffojewelry.com and accessing the e-commerce check out), subject to the instructions given on the web page, shall entail full acknowledgement and acceptance of these General Terms and Conditions of Sale by the Customer. The sale and purchase contract between Fratelli Bovo and the Customer shall be deemed to be and shall be stipulated upon acceptance of the order by Fratelli Bovo.
Once the on-line purchase procedure has been completed, the Customer shall print out or save an electronic copy and, in any case, keep these General Terms and Conditions of Sale, in compliance with the provisions set forth by the Italian Legislative Decree no. 205/2006, as amended by the Italian Legislative Decree no. 21/2014 on sales to consumers (the “Consumer Code”).
The Customer shall have no right to compensation for damages or to indemnity, nor shall Fratelli Bovo incur any liability whether in contract or tort due to the latter’s failure to accept all or part of any order.
ARTICLE 2: TERMS AND CONDITIONS OF PURCHASE
The Customer shall be entitled to purchase only the Products available in the on-line catalogue at the time the order is submitted, and which can be viewed on-line at www.peruffojewelry.com, as described on the related information sheets. The order will be validly processed only once the Customer receives in its email inbox (at the email address communicated by the latter) the e-mail confirming the authorisation of the charge of the price and shipping costs to the Customer’s credit card by way of a deposit, as better specified under Article 5 below.
Pictures displayed along with the informative sheet of the Product may not be accurately representative of its characteristics; it may differ in terms of colour, sizes and accessories. All information provided in support of the purchase is merely intended as generic informative material and does not implies any purpose of representing the actual characteristics of the Product.
Fratelli Bovo will confirm the correct receipt of the order by means of an email reply sent to the Customer’s inbox (at the email address communicated by the latter). Such confirmation message will specify date and time at which the order was received and the Customer order number to be used in all further correspondence with Fratelli Bovo. The message will summarise all data entered by the Customer, all information on the main characteristics of the Products, the price, method of payment, shipping costs and terms of delivery, and applicable taxes. The Customer shall be required to verify whether all data are correct and give notice without delay of any request of changes in the way described in this document.
Should the order not be accepted, Fratelli Bovo will promptly inform the Customer of it.
ARTICLE 3: PRICES
Products will be sold at the prices specified in the on-line product sheet at the time the Customer confirms the order. Before confirmation of the order by the Customer by clicking on the specific button, the web page will show a summary of the prices of the Products in the basket, including taxes (except customs duties of each country) and shipping costs. The above data will then be summarised in the order form which the Customer sends to Fratelli Bovo following order confirmation.
ARTICLE 4: ACCOUNTING DOCUMENTATION AND TERMS OF DELIVERY
For each order carried out by Fratelli Bovo, the latter will email the tax receipt for the relevant Products to the Customer’s inbox, in accordance with Article 14 of Italian Presidential Decree no. 445/2000. For the issue of the tax receipt Fratelli Bovo will rely on the information provided by the Customer at the time of placing the order. No changes to the tax receipt will be allowed after its issue.
Fratelli Bovo is hereby released from any liability in case of delay in processing the order or failure to deliver the ordered Products.
ARTICLE 5: TERMS OF PAYMENT
The Customer can make payment by credit card. When the Customer places the order, the reference bank will authorise the charge of the relevant amount to the Customer’s credit card by way of a deposit. The amount payable in connection with the order will be finally charged to the Customer’s credit card upon receipt by Fratelli Bovo of the courier’s confirmation that the Products have been delivered. Should the Customer exercise the unilateral termination right pursuant to Article 6 below, Fratelli Bovo shall refund the amount previously charged (except for any supplementary costs deriving from the Customer’s having chosen a delivery option other than the standard).
During the purchase process Fratelli Bovo shall never be able to gather the Customer’s credit card details, which are provided by means of a protected connection directly to the website of the bank managing the transaction, nor shall such data be storage with Fratelli Bovo’s information systems.
ARTICLE 6: UNILATERAL TERMINATION RIGHT
Pursuant to Article 52 of the Consumer Code, the Customer shall be entitled, within 14 working days of receipt of the Products purchased, to unilaterally terminate the sale and purchase contract for whatever reason, with no need to provide any explanations and without incurring any liability.
Should the Customer intend to exercise the above right, the latter shall send to Fratelli Bovo a written notice to that effect within 14 working days of the date on which the Products are delivered by pain of forfeiture (for this purpose the Customer can use the standard form attached at the bottom of these General Terms and Conditions of Sale). The notice shall be sent:
within the said 14-day term. Once this termination notice has been received, the Customer Services will promptly inform the Customer as to how to return the Products. The Customer shall return the Products to Fratelli Bovo’s registered office without delay and, in any case, within 14 days of the date on which the Customer sent the termination notice to Fratelli Bovo.
All shipping costs and any related charges, taxes and costs for returning the Products to Fratelli Bovo shall be borne by the Customer.
The Product must be returned intact and in its entirety, with all accessories and spare parts, in the original box and packaging and complete in its all parts (including packing and documentation, etc.).
The Customer shall not wear or use in any manner the Product to be returned. The Customer shall be permitted only to handle the Product in order to assess nature, characteristics and function of the Product, and shall be responsible for any kind of reduction in Product’s value resulting from handling other than strictly necessary.
If the Customer exercises the unilateral termination right, all payments made in favour of Fratelli Bovo, including shipping costs (except for any supplementary costs deriving from the Customer’s having chosen a delivery option other than the standard) will be reimbursed to the Customer. The refund will be made once the Product has been returned to Fratelli Bovo or, if earlier, once the Customer has proved that the Product was returned. The said refund will be made by using the same means of payment used for the payment transaction, unless the Customer has expressly specified otherwise. In any case, the Customer shall not incur any cost as a consequence of said refund.
The unilateral termination right is in any case subject to the exceptions pursuant to Article 59 of the Consumer Code: if the Product is damaged during the transport, Fratelli Bovo shall notify the Customer of such circumstance (within 5 working days of receipt of the Product at its warehouses) in order to enable the Customer to timely raise a claim against the courier used and obtain reimbursement of the value of the Product (if insured). In the latter case, the Product will be made available to the Customer for return, and the request of unilateral termination will be simultaneously cancelled. Fratelli Bovo shall not be held liable in any way for damages, theft or loss of Products returned by the Customer by uninsured deliveries. Upon arrival (in the warehouse), the Product will be inspected by Fratelli Bovo to verify any damage or tampering not due to the transport.
If the Customer fails to comply with the terms and conditions set out herein, the Customer shall not be entitled to the reimbursement of the amounts paid to Fratelli Bovo.
Standard form pursuant to Art. 49, paragraph 1, letter h) of the Consumer Code:
(please complete and return this form only if you wish to unilaterally terminate the contract)
Addressee’s address
(The warehouse’s address to which the Product must be returned will be provided by Fratelli Bovo Customer Services, upon receipt of the return request)
I hereby notify my withdrawal from the sale and purchase contract relating to the following goods:
list of Products
Order number
Ordered on
Customer name
Customer address
Customer signature
Date
ARTICLE 7: WARRANTY AND LIMITATION OF RESPONSIBILITY
All Products sold by Fratelli Bovo through the website www.peruffojewelry.com are covered by the legal warranty pursuant to Article 129 of the Consumer Code.
If the Customer intends to benefit from the rights under the warranty, the latter shall have used the Product in accordance with the instructions and the recommendations received and with the diligence and care which are required taking into account the nature and purpose of the Product, and shall exhibit to Fratelli Bovo the order number, the tax receipt received by e-mail in electronic PDF format and the relevant transport document.
In case of non-conformities of the Products other than tear and wear due to normal and correct use, the Customer shall be entitled, at the latter’s discretion, to ask Fratelli Bovo to repair or replace the Product at the latter’s expenses, unless the remedy chosen by the Customer is excessively more onerous compared to the other available remedy. Alternatively, the Customer shall be entitled, at the latter’s discretion, to ask for an adequate reduction of the price or the termination of the sale and purchase contract if: a) the restoration or replacement of the non-conforming Product are unfeasible or their costs are excessive; b) Fratelli Bovo has failed to repair or replace the Product within a reasonable period of time; c) the restoration or replacement of the non-conforming Product has caused significant prejudice to the Customer’s interest. The Customer shall be required to give notice, by registered notice with return receipt, to Fratelli Bovo of the non-conformity within two months of the date on which such non conformity was discovered by pain of forfeiture.
Fratelli Bovo shall be responsible for non-conformities only to the extent that such non-conformities reveal themselves within 2 years of the date of delivery of the Product. In any event, the Customer’s right to raise any complaint, except for those related to non-conformities maliciously hidden by Fratelli Bovo, shall be time-barred 26 months after delivery of the Product.
If the Product is returned by the Customer to Fratelli Bovo under the warranty, the Product must be returned by the Customer in its original packaging, complete in all parts (including packing and any accessories and documents, etc.). We highly recommend placing the original packaging inside a second box to limit damage to it. The Customer shall refrain from sticking any labels or adhesive tapes directly to the original packaging.
The Customer will be provided with a return merchandise authorisation (RMA) number, which must be displayed outside of the packaging, in accordance with the instructions given in the authorisation e-mail. Any claims or complaints should be sent to:
Fratelli Bovo S.r.l.
(Attn: Servizio Clienti – Customer Services)
Via Postale Vecchia 120/A 36070 Trissino – Vicenza
Italy
customercare@peruffojewelry.com
Without prejudice to the mandatory provisions of law, Fratelli Bovo shall give no warranties or guarantees on conformity, fit for purpose, characteristics or specifications of the Products other than those expressly stated in the website.
ARTICLE 8: PRIVACY
Please be informed that, in accordance with and pursuant to Art. 13 of Italian Legislative Decree no. 196 of 30/06/2003, the personal data provided by the Customer to Fratelli Bovo will be processed by the latter, also by using automated means, for inclusion in the customers record, and are necessary for Fratelli Bovo to enter into the sale and purchase contract and to carry out any further related legal, tax and managerial fulfilments. The data may also be used for statistical processing and commercial and promotional communications, without prejudice to the right of the Customer to declare that he/she no longer wishes to receive such communications, at any time in the future.
The supply of data is optional but failure to do so will make it impossible for Fratellli Bovo to enter into the sale and purchase contract and, therefore, to accept the order.
The Customer’s data may be disclosed, for the same purposes underlying their collection, to group companies, commercial partners and/or third party good or service suppliers, including couriers. The list of all third parties acting in their capacity as Responsible for the Treatment (Responsabili del Trattamento) of the personal data is available upon request to Fratelli Bovo. Fratelli Bovo S.r.l., with registered office at via Postale Vecchia 120/A Trissino – Vicenza, Italy, shall act in the capacity as Data Controller (Titolare del Trattamento).
Please find below the rights exercisable under Article 7 of the Privacy Code:
“Article 7 – Right to access to the persona data and additional rights
The rights referred to above may be exercised directly or by granting a written powers of attorney to individuals or associations.
The Customer can exercise the rights pursuant to Art. 7 by writing to:
customercare@peruffojewelry.com.
For further details, please access to our Policy Privacy available in the website www.peruffojewelry.com
ARTICLE 9: APPLICABLE LAW
Each sale and purchase contract entered into by Fratelli Bovo and the Customer and these General Terms and Conditions of Sale are governed by Italian law.
ARTICLE 10: AMENDMENTS
These General Terms and Conditions of Sale may be amended from time to time by Fratelli Bovo, also in order to reflect any changes to the applicable law. The new General Terms and Conditions of Sale shall be effective starting from their publication in the website www.peruffojewelry.com
