Terms and Conditions of Sale www.osvaldobenvenuti.it
(“Terms of Sale”)
The sale of products shown on the website www.osvaldobenvenuti.it are governed by these Conditions of Sale. The products are manufactured and sold directly from Argenteria Osvaldo Benvenuti Snc Via Stagnaccio Basso 46B 50018 Scandicci (FI) C.F. – VAT No. 05803470482.
These Conditions of Sale Constitute agreement for the sale of any product on this Website and we hold them as fully accepted by the Customer at the moment of each order.
We reserve the right to change These Terms of Sale. Any new Terms and Conditions of Sale Shall be effective from the time they are published on our Website and will be applied to all orders made by that time, while for previous orders the previous Terms of Sale will apply.
1. Scope of Application and Definitions
1.1 For the purposes of these Conditions of Sale shall be construed to:
– “Seller”: Argenteria Osvaldo Benvenuti Snc Via Stagnaccio Basso 46B 50018 Scandicci (FI) C.F. – VAT No. 05803470482., Internet address: www.osvaldobenvenuti.it;
– “Consumer” or “Customer” means a physical person who is acting for purposes which lie outside his trade, business, craft or profession, over 18 years or children, if any, authorized by their legal representative. Unless you are such a consumer, please refrain from entering into commercial transactions with www.osvaldobenvenuti.it;
– “Order” means an order placed by the Customer to the Seller for the purchase of the Products, in the manner prescribed in Article 5 of these Terms of Sale;
– “Purchase Agreement” means any purchase contract concluded between the Seller and the Consumer for the purchase of the Products, in the manner prescribed in Article 5 of these Terms of Sale;
– “Website” www.osvaldobenvenuti.it
– “Consumer Code”: Decree No. 206/2005 (as amended) of the Italian Law
– “Decree Ecommerce” Decree No. 70/2003 of the Italian Law
1.2 These Terms of Sale apply to all Orders for the purchase of Products sent through the Website, to the Seller in respect of their end users who are “Consumers”. The Customer is requested to read carefully the terms and conditions that have been made available on the Website, in order to enable the knowledge, memorizing and reproduction by the Customer pursuant to Article 12, paragraph 3, of Legislative Decree 9 April 2003, n. 70 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to e-commerce”) of the Italian Law. These Terms of Sale do not regulate the provision of services or the sale of products by persons other than the Seller that are on shop. www.osvaldobenvenuti.it through links, banners or other hypertext links. We advise you, before placing orders and purchasing products and services from persons other than the Seller, to verify the conditions of their sale because the Seller is not responsible for the provision of services by third parties other than the Seller himself or the conclusion of e-commerce transactions between users of shop. www.osvaldobenvenuti.it and third parties.
2. Conditions for the conclusion of the contract
2.1 Using the e-commerce service provided through the Website, the Seller provides the Consumer with a virtual shelf from which he can view online and buy the Products set out therein, under the terms and conditions hereinafter provided.
2.2 The Consumer accessing the Website may view the electronic catalogue and offers of the Seller, but he can only buy the products under the following conditions:
i) registration to the Website – www.osvaldobenvenuti.it, if not already done;
ii) access to the Website www.osvaldobenvenuti.it by identification by entering a user name (or User ID) and password specified by the user when registering and confirmed by the Seller;
iii) acceptance of these Terms and Conditions of Sale.
2.3 The Products are intended only to Consumers. Therefore, in view of its commercial policy, the Seller reserves the right not to follow orders from anyone other than the “Consumer” or otherwise orders that do not comply with its trade policy.
3. Prices and guarantees
3.1 The prices charged for those Products are indicated within each product entry and summarized in the “Shopping bag” at the time of forwarding the Order to the Seller. To the price of the Products the price of the delivery charges, shown separately in the Shopping bag step must be added. Unless otherwise stated in writing, all prices are understood to be “VAT included”.
3.2 The Seller reserves the right to modify the prices, at its discretion, without prior notice, provided that the new prices will not apply to orders previously submitted.
3.3 On shop. www.osvaldobenvenuti.it only products labelled Osvaldo Benvenuti are offered for sale. The Seller does not sell used, irregular or lower quality products than the corresponding market standards through traditional sales.
3.4 The main characteristics of the products are shown on shop. www.osvaldobenvenuti.it within each product page. Changes in weight or outward appearance of the goods are not to be considered as a defect but as physiological differences due to the craftsmanship of the production and as a guarantee of uniqueness. The images and colours of the products offered for sale on shop. www.osvaldobenvenuti.it may not exactly correspond to the real due to the Internet browser or monitor used.
The Payment is by credit card / prepaid (accepted cards: Visa, Mastercard, Carte Aurore, PostePay and PayPal prepaid card) or Pay Pal. Payment is via the PayPal system that ensures maximum safety, confidentiality and fairness in transactions. The customer is informed that the Seller shall levy the amount (accounting) at the date of transmission of the Order.
5. Conclusion of Purchase Agreement
5.1 The conclusion of the Purchase Agreement will take place under the terms and conditions set out in Article 5, and will be conditional upon full performance by the Customer of the order submitting procedure as described in the Website shop. www.osvaldobenvenuti.it.
5.2 The presentation of Products on the Website constitutes a mere invitation by the Seller to the Customer in order to formulate a proposal and is not, therefore, binding for the Seller nor does it constitute an offer to the public within the meaning of Article 1336 Italian Civil Code.
5.3 The Customer must fill in the order form and send it electronically to the Seller via computer, following the instructions. Proposals for Customer’s Order shall be deemed as irrevocable contract proposals, pursuant to art. 1329 of the Italian Civil Code, for a period of fourteen (14) days after their receipt by the Seller. Within the aforesaid fourteen (14) days, the Seller will notify the customer whether the rejection of an order specifying the reasons.
5.4 The receipt of the proposed Order of the Customer by the Seller does not imply any obligation on the Seller to accept the same. By way of example and without limitation, the Seller may reject the proposals of Customer’s Order if the delivery of the products should take place in countries not included among those expressly listed in the Shipping section of Customer Service, for incomplete data due to a lack of guarantees of solvency, or to the unavailability of the ordered products. If the Products presented on shop. www.osvaldobenvenuti.it, are no longer available for sale at the time of sending the order form, the Seller will notify the Customer promptly and in any event within fourteen 14 days from the day following to the transmission of the order to the Seller, the unavailability of the ordered products. In this case, the Seller will refund as soon as possible, and in any case always within the period referred to above, the amount paid.
5.5 It is understood that, in the event of a refusal by the Seller of the proposed Order of the Customer, the latter cannot claim any right for any reason whatsoever against the Seller.
5.6 The Order shall be deemed accepted by the Seller and, therefore, the Purchase Agreement concluded at the moment when the customer will receive in his inbox acceptance of the Order (“Order Confirmation”).
5.7 Pursuant to article 53 of the Consumer Code, the Confirmation Order will contain also the confirmation of the information referred to in Article 52 of the Italian Consumer Code.
5.8 The Customer can save and / or print and, in any case, retain the Confirmation Order, which contains all the data of his order, making use of the features of his email program.
6.1 The Seller shall perform the delivery of the Products to the Customer with selected express couriers. The actual time of delivery depends on the geographical destination of the Order. The indicative times is of 5 working days in the EU countries and of 8 working days in all other countries, from the date of the Order. At the moment of the shipment the Customer will receive an email of “Shipment Confirmation” by Osvaldo Benvenuti e-mail.
6.2 Risks of transport shall be borne by the Customer.
6.3 For the delivery of products the presence of the Customer or his representative at the address indicated in the Order is required. Upon receipt of the Products to the address indicated in the Order by the Customer, the Customer shall verify:
– That the number of packages delivered corresponds to that indicated in the consignment note which accompanies the goods;
– That the packaging is not damaged, or wet or otherwise altered, including the sealing materials.
Any damage to the packaging and / or to the product or the mismatch of the number of items or information must be immediately notified in writing on the Courier’s proof of delivery (this procedure of acceptance by the Customer is called “conditional acceptance “). At this point, the customer must verify the quantitative and qualitative matching of the Products as specified in the document of transportation along with the Courier who delivered the parcel. Once signed the Courier’s transportation document without the Customer raising any dispute, the Customer may not raise objections on the external characteristic of the delivered package.
6.4 For non EU countries, additional duties may be applied upon receipt of the shipment. These duties are not calculated in the order confirmation and shall totally be borne by the Customer. In case the Customer decides not to collect the package, it will be returned to the seller, who will reimburse to the Customer the amount spent for the Product, but keeping the cost of both shipments (the sum reimbursed will be equal to the product value minus two times the shipping cost).
7. Right of Withdrawal
7.1 By virtue of Article 64 of the Italian Consumer Code, Clients are entitled to withdraw from the contract without giving any reason, returning the Products, other than those specified in paragraph 2 of this Article. The Seller, in accordance with Article 52 of the Consumer Code, shall inform the Customer of the following:
– The right of withdrawal may be exercised exclusively by the Customer within and no later than 14 working days from receipt of the Products ordered, which is the period within which the customer must deliver the goods to the carrier;
– Only in the case where the seller has not fulfilled its disclosure obligations pursuant to art. 52 of the Consumer Code the period for withdrawal is three months.
7.2 The right of withdrawal is excluded, pursuant to Article 55 of the Consumer Code, in case of purchase of goods made to measure or personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
7.3 The right to withdrawal is exercised according to the instructions in the section of Returns.
7.4 The communication referred to in paragraph 7.3 above must necessarily contain as indicated below:
(i) the number of the Order that is being exercised;
(ii) the express will of the Customer’s wishes to terminate in whole or in part by the Purchase Agreement;
(iii) the description and codes of the products for which the Client exercises his right of withdrawal;
(iv) the reason for the Return.
7.5 In the absence of the requirements referred to in points (i), (ii), (iii) of paragraph 7.4 the Seller shall not recognize the Customer’s right of withdrawal.
7.6 The right of withdrawal is exercised properly in accordance with the terms and conditions indicated in this paragraph, and if the following conditions are fully met:
1) the communication of the intention to make the return must be complete, as provided in paragraph 7.4, as well as sent to the Seller within 14 working days of receipt of goods;
2) The products must not have been altered in their essential characteristics and quality, nor used, worn, washed or damaged;
3) The products must be returned in their original packaging.
4) The Products must be delivered to the shipping company within 14 working days from the date of receipt of the Products.
The Customer agrees to keep and cherish with the utmost care and diligence the products received and for which it intends to exercise the right of withdrawal, keeping intact together with the original packaging, interiors and exteriors.
The costs and risks of transport for the return are integral to the Customer. Unless differently specified, the Seller, in fact, retains from the refund, an amount equal to the cost previously incurred for shipping and delivery of products purchased to the address indicated by the Customer. The return of products that are damaged, deteriorated or lacking original accessories or equipment will not be accepted by the Seller and will be returned to the customer, with transport costs borne entirely by the latter.
7.7 If the customer decides, or is asked by the Seller’s return conditions, to use a carrier other than that provided by the Seller he shall undertake in person to pay the costs of returning the products purchased. In this case, it will not be accepted by the Seller in freight deliveries which, therefore, will be made to the Customer, with a total expenditure borne by himself. Also, any liability in case of loss or damage to the products during transport will remain the sole responsibility of the Customer.
The Seller, on receipt of the Products in accordance with the above and having made the necessary checks, will reimburse the money, including the cost of initial shipment, to the Customer in the shortest time, and in any case in no more than fourteen 14 working days from receiving the goods. In case of unmatching between the recipient of the products indicated in the order form and who has performed payment of the sums due for the purchase, the repayment of sums in the event of exercise of the right of withdrawal, will be performed by the Seller, in any case, for those who made the payment.
7.8 For purchases made in currencies different to Euros (EUR), the amount will be reimbursed in the same currency of purchase, but it will be calculated as equal to the sum in Euros received by the Seller at the date of the Customer’s purchase. It may therefore be subject to currency fluctuations.
7.9 If there has been no compliance with the terms for the exercise of the right of withdrawal, as specified in this paragraph, and in case of return of products that are damaged, deteriorated or lacking original accessories or equipment, the Customer will not be entitled to a refund of the sums already paid to the Vendor; however, he shall be entitled, at his expenses, to receive the products in the state in which they were returned to the Seller. Otherwise, the seller is entitled to keep the products in addition to sums already paid for their purchase.
8 Product guarantees
8.1. If a Product sold by the Seller showed a defect in production or for any alleged lack of conformity relating to products sold by the Seller, the Customer shall immediately contact the online support at the following email address: firstname.lastname@example.org.
8.2. The sale of the Products are subject to the legal safeguards provided for in Articles 129, 130 and 132 of the Italian Consumer Code. The Customer has the right to restore, without charge, the conformity of the goods by repair or replacement, or, if such remedies fail, an appropriate reduction of the price or the contract rescinded. The Customer will lose those rights if he does not complain to the seller within a period of two months from the date on which he discovered the defect. The direct action to enforce fraudulently concealed defects is prescribed by the Seller, in each case, within a period of twenty-six months from delivery.
8.3. The Seller guarantees the authenticity of all the Products purchased on the Website. The Products marked “Osvaldo Benvenuti” all are conceived, designed, modelled, constructed, finished and packaged exclusively within the company and are all rigorously and fully MADE IN ITALY.
9 Representations and Warranties of the Client
9.1. The Customer warrants and takes all liability for, and indemnify the Seller from taking any adverse consequence, that any and all data provided to the Seller are true and correct and allows to uncover the true identity of the Customer.
9.2. At the time of registration on the Website the Customer provides a user name (email address) and a password that will be confirmed by the Seller via an email, whose joint use will allow the Customer to access at any time to his personal account, identify the Customer and allow him to make purchases of Products on the Website; the Customer is therefore advised that the Orders made by the joint use of user name and password are valid and binding and that the availability of both, by third party would allow them to issue orders binding the regular customer, identified by a user name and password, to accept the receipt of the Products ordered. The customer is therefore required to maintain both the identification code of the password with the utmost care, and keep them secret for the duration of the relationship with the Seller. The customer is also informed of the need to provide the Seller with a valid e-mail address in order to enable the Seller to forward Order Confirmations and any communication.
10.1 The Customer will be able to obtain information on how the Seller uses the personal data by entering the Privacy area.
11.1. The Customer agrees that any communication regarding these Terms and Conditions of Sale and Purchase Agreements are each made by the Seller both in electronic format e-mail and by using the Web Service, recognizing full validity and expressly renouncing from now to disavow the content of the statements sent and / or received in electronic format. The Customer is informed and agrees that the Seller takes into archive log files on their own technical systems relating to the traceability of operations, estimates and passage of the Orders and recognises its validity to any eventual reconstruction of the relationships in place.
11.3. The invoices, if needed as part of the buying process, may also be issued in electronic format. The invoice shall be deemed made at the time of transmission of the same. The invoice shall be deemed received at the time when the data contained in it are received by the email address stated in the registration to the Seller, and in any event no later than the fifth day after the transmission of the data by the Seller.
12.1 These Terms and Conditions of Sale, the Orders, Order Confirmations and Purchase Agreements are governed exclusively by Italian law.
12.2 For any dispute concerning or arising from these Terms and Conditions of Sale and / or Orders and / or the Order Confirmation and / or Purchase Agreements or their execution, the mandatory jurisdiction of the court is the place of residence or domicile of the Customer, if that place is within the Italian territory, while in all other cases shall be referred exclusively to the Court of Firenze, Italy.
13 Amendments and updates
The Terms and Conditions of Sale may be amended from time to time in consideration of possible regulatory changes. The new Terms and Conditions of Sale shall be effective from the date of publication on www.osvaldobenvenuti.it.