GENERAL TERMS AND CONDITIONS OF SALE

PREAMBLE

The preamble and the Attachments, including the withdrawal and complaint forms and the privacy notice available and downloadable from the website, constitute an integral part of this Agreement.

These General Terms and Conditions of Sale are issued by the company Luca Risivi Gioielli S.r.l.s. (Tax Code/VAT No. 13837881005) with registered office in Rome at Via dei Pettinari no. 61, registered with the Rome Chamber of Commerce (hereinafter referred to as the “Seller”), owner of the website www.lucarisivigioielli.com (hereinafter referred to as the “Site”).

ART. 1 – SCOPE OF APPLICATION AND RELEVANT LEGISLATION

The sale through this website is governed by Italian law, in particular Legislative Decree of 9 April 2003, no. 70 (implementing Directive 2000/31/EC concerning certain legal aspects of information society services, with particular reference to electronic commerce), Legislative Decree of 6 September 2005, no. 206 (Consumer Code), and other applicable legislation on electronic commerce and the sale of luxury goods.

The Buyer acknowledges and accepts that purchasing through this website constitutes a distance sales contract governed by Chapter I, Title III of Legislative Decree 6 September 2005, no. 206 (Consumer Code), relating to contracts negotiated outside business premises.

By placing an online order, the Buyer declares to have read and expressly accepted the contractual Terms and Conditions, as well as its attachments, including the pre-contractual information provided by the Seller in accordance with current legislation on distance contracts.

These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller, which may be present on the Site through links, banners, or other hyperlinks, for which the Seller is not responsible.

ART. 2 – ONLINE SALES TARGET AUDIENCE

Sales through this website are intended for end consumers, defined as natural persons acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

The Seller reserves the right not to accept orders from entities not falling within the definition of “end consumer” or orders that do not comply with these General Terms and Conditions of Sale. In such cases, the Seller will inform the user and refund any payments already made.

For purchases intended for commercial activities, resellers, or professionals, the Buyer must contact the Seller directly through the communication channels indicated on the Site to evaluate specific sales conditions.

In any case, the Seller reserves the right to refuse or cancel orders at its sole discretion, in cases (for example but not limited to) of orders from consumers involved in ongoing legal proceedings, consumers not diligent in providing required documentation, users who have provided false, incomplete or otherwise invalid identifiers, consumers with whom the Seller has a pending legal or out-of-court dispute.

ART. 3 – REGISTRATION ON THE SITE

To make purchases on this website (Italian version), users must register through SPID (Public Digital Identity System); without this step, users will only be able to view products and add them to the cart, without proceeding to checkout.

In the English version and for international purchases, users must register using email and password. In this case, the registration process requires entering certain mandatory personal information, such as name, surname, email address, and the creation of a secure password.

In all cases and in general, users agree to provide truthful, accurate, up-to-date, and complete information during the registration process and to keep it updated over time.

The user is responsible for maintaining the confidentiality and security of their access credentials (username and password) and agrees not to disclose them to third parties. Any activity carried out through the user’s account will be considered performed by the user. In case of loss, theft, or suspected unauthorized use of their credentials, the user must immediately inform the Seller.

The Seller reserves the right to suspend or close a user’s account in the event of violations of these General Terms and Conditions of Sale, the provision of false or incomplete information, or for security reasons.

By registering on the site, the user consents to the processing of their personal data in accordance with the Site’s Privacy Policy, which is recommended for careful consultation.

ART. 4 – ONLINE PURCHASE METHOD AND INSTRUCTIONS

Purchasing through this Site is simple and intuitive. The main steps are summarized below:

Browsing and selecting products: explore the various categories or use the search function to find the desired jewelry. Click on the photo or product name to view the detailed product sheet, including descriptions, images, prices, and availability. Select any available options and add the product to the cart by clicking the “Add to Cart” button.

Cart review: once all desired items are added, click the cart icon (usually located at the top right) to view a summary of your order. Here you can review selected products, the total price (VAT included), and remove items from the cart if needed.

Checkout: to complete the purchase, click the “Proceed to Checkout” button or similar. You will be directed to a page where you must enter your shipping and billing information. Make sure to provide accurate and complete data. If you are a new customer, you may need to identify via SPID or create an account. If already registered, you can log in with your credentials.

Shipping method selection: choose your preferred shipping method from the available options and review the related costs and estimated delivery times. Shipping costs will be displayed at this stage.

Payment method selection: choose your preferred payment method from those accepted on the site (e.g., credit/debit card, PayPal, bank transfer, etc.). Follow the specific instructions to securely complete the payment.

Order summary and confirmation: before finalizing the purchase, you will see a full summary of your order, including selected products, shipping and billing address, shipping method, payment method, and total price. Review all information carefully and, if agreed, click the “Confirm Order,” “Buy Now,” or similar button to submit your order.

Order confirmation by email: after completing the order, you will automatically receive a confirmation email at the address provided during registration or the purchase process. This email will contain a summary of your order and the order number. It is advisable to keep this email for future reference.

For any doubts or need for assistance during the purchase process, customer service is available through the channels indicated in the “Contact” section of the Site.

The Buyer acknowledges and accepts that the correct and accurate entry of requested data, shipping and payment information, is solely their responsibility. Therefore, the Seller shall not be held responsible for any errors or omissions committed by the Buyer during the purchase process (including but not limited to incorrect entry of shipping or billing address, wrong product selection, quantities and options, incorrect payment data, email address or phone number typos).

If the Buyer finds an error after completing the order, they must promptly notify the Seller’s customer service through the channels indicated on the Site. The Seller will do its best to make the requested changes, without however guaranteeing a successful outcome.

Any additional costs arising from errors made by the Buyer will be borne by the Buyer.

The Seller will not be liable for damages or delays in delivery resulting from incorrect or incomplete information provided by the Buyer.

ART. 11 – RIGHT OF WITHDRAWAL

Pursuant to Legislative Decree 206/2005 (Consumer Code), the Buyer who qualifies as a consumer has the right to withdraw from the online purchase contract within 14 days from the day the Buyer or a third party designated by them (other than the carrier) takes physical possession of the goods.

To exercise the right of withdrawal, the Buyer must inform the Seller of their decision to withdraw from the contract by means of an explicit declaration using the appropriate withdrawal form attached to these General Conditions and available on the website in the dedicated section.

If the Buyer exercises the right of withdrawal, the Seller will refund all payments received from the Buyer, explicitly excluding delivery costs, without delay and in any case no later than 14 days from the day the Seller is informed of the Buyer’s decision to withdraw from the contract.

The refund will be made using the method deemed most appropriate by the Seller.

The Buyer must return or deliver the goods to the Seller or a third party authorized by the Seller without undue delay and in any case within fourteen (14) days from the date they communicated their decision to withdraw. The deadline is met if the Buyer sends back the goods before the 14-day period has expired.

The direct costs of returning the goods are the responsibility of the Buyer, as is the liability for any damage and/or loss of the returned product.

The Buyer is responsible for any decrease in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning. They must reimburse the value difference at the Seller’s simple request within 5 days from receipt of the returned product.

The Buyer acknowledges that pursuant to Art. 59 of the Consumer Code, the right of withdrawal is excluded for the supply of goods made to measure or clearly personalized, and for sealed goods that are not suitable for return for hygiene or health protection reasons. This applies to certain types of jewelry, especially those that come into contact with parts of the body and which, once handled after delivery, may compromise hygiene and health standards.

Earrings, clips, or decorations that come into contact with the scalp, or any product that comes into direct contact with body fluids or mucous membranes fall into this category. Therefore, the breaking of the seal on the packaging of such products will be considered “manipulation” and the Buyer will lose the right of withdrawal.

The right of withdrawal also does not apply to goods made to measure or clearly personalized pursuant to Art. 59 paragraph 1 letter c) of the Consumer Code. These are jewels that are made, modified, or adapted specifically according to the client’s instructions or preferences, making them unique and not resellable as standard products.

By way of example, but not limited to, the right of withdrawal does not apply to jewelry with (i) personalized engravings, (ii) specific dimensions, (iii) metal, stone, or design combinations made at the client’s request, (iv) custom designs or sketches provided by the client.

In any case, if the withdrawal is not exercised in the manner described above and in accordance with applicable law, the Buyer will lose the right and will not be entitled to any refund. The Seller will inform the Buyer of this within 5 working days from receipt of the Product, which will remain available for pickup at the Seller’s premises, at the sole cost and responsibility of the Buyer.

In the case of partial withdrawal of multiple orders, the procedure will remain the same for each individual product involved, possibly deducting the value of the withdrawn product from the total balance.

ART. 12 – LEGAL WARRANTY

Pursuant to Articles 128 et seq. of the Consumer Code, the Seller guarantees that the products conform to the sales contract, are fit for their usual use, and match the description provided.

This warranty lasts two years from the date the product is delivered to the Buyer.

The Buyer loses the rights provided by the legal warranty if they do not report the defect to the Seller within two months from the date it was discovered. This term is evaluated based on the type of defect and its presumed cause (e.g., obvious and easily detectable defects must be reported within two months of receipt).

Unless proven otherwise, it is assumed that any conformity defects that appear within twelve months from the delivery date (proven by delivery note and invoice) already existed at the time of delivery.

The legal warranty does not cover defects or damage caused by improper use, negligence, carelessness, normal wear and tear, external events (falls, impacts, contact with chemicals, etc.), or repairs or modifications not authorized by the Seller.

If a conformity defect is recognized by the Seller, the Buyer will receive either a full refund or a reduction in the price of the defective product, as agreed. The refund will be made using the method deemed appropriate by the Seller.

In the event of a dispute, the Seller reserves the right to appoint an expert to assess the nature and origin of the defect and estimate how long it has been present and detectable. This expert report may be used as proof of warranty exclusion.

ART. 13 – APPLICABLE LAW AND JURISDICTION

This online sales contract is governed by Italian law.

For any dispute regarding the interpretation, execution, or termination of this contract, the Seller and the Buyer agree to attempt amicable resolution through a mediation body.

If the dispute is not resolved, the exclusive competent court will be the Court of Rome, unless otherwise provided by the Consumer Code.

ART. 14 – CUSTOMER SERVICE

For any information, please contact Luca Risivi Gioielli S.r.l.s. at the following address: Luca Risivi Gioielli S.r.l.s., Via dei Pettinari n. 61 – 00186 Rome

Landline: +39 06 68808150

For general information: info@lucarisivigioielli.com

For returns and refunds: amministrazione@lucarisivigioielli.com
 

ART. 15 – FINAL PROVISIONS

For any matter not covered by this sales contract, reference is made to the provisions of Italian law.