Terms of sale
These general conditions govern online purchases made through the website www.viafiume18.com owned by Via Fiume 18.
GENERAL PROVISIONS
1.1. These general conditions of sale (hereinafter, "General Conditions" and/or "CGV") are applicable to all sales of products of Via Fiume 18 (hereinafter, "Products" or "Product") concluded remotely through the website www.fiume18.com (hereinafter, "Site").
1.2. The use of the remote selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”), understood as natural persons acting for purposes outside of their commercial, craft, entrepreneurial or professional activity, if any, over 18 years of age (or, if minors, authorised by the person exercising parental authority by law).
1.3. The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow him to know them and to store and reproduce them in accordance with 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 electronic commerce” - hereinafter, “E-commerce Decree”). The contracts concluded with the Customers will be archived by the owner Via Fiume 18 , with the possibility for the Customers to access them on the Site through their own account. By using this site, you unconditionally agree to the terms and conditions of use reported below, which may however be modified, at any time and without notice, by Via Fiume 18 according to its unquestionable discretion; Your use of the Site after the above changes will be considered as an unconditional acceptance of the terms and conditions as modified. The information, images, photographs, trademarks, products and in general the elements and material that you will find on this Site are disclosed solely for promotional and advertising purposes; You may download or copy the aforementioned information and materials solely for personal and non-commercial use.
1.4. Contracts concluded with Via Fiume 18 through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 and subsequent amendments (hereinafter, “Consumer Code”) and by the E-commerce Decree cited above.
SELLER IDENTIFICATION
2.1. The seller is the company Via Fiume 18 di Enrico Paccagnella, with registered office in Via P. Canal , 40 – 35137 Padova (PI 04550880282 and CF: PCCNRC55B19G224R), tel 049 8364466 e-mail: viafiume18@gmail.com and sales point in Via Fiume 18, 35139, Padova.
INFORMATION ON PRODUCTS AND THEIR AVAILABILITY
3.1. The information relating to the Products, with the relative product codes, are available on the Site where the Customer will find the details of the main characteristics of the individual Products.
3.2. The Site does not contain all the Products. The Products represent a selection of items normally available in the store and, by way of example, are small jewels and/or fashion accessories. The graphic representation of the Products proposed on the Site may differ from reality. For any further information, the Customer may contact our point of sale directly. Not all the Products described on the Site are or will be available in all stores.
3.3. All Products are subject to availability at the time. Via Fiume 18 reserves the right to change the limits on the quantities and/or types of Products that can be purchased online on the Site at any time. The style, models and colours of the Products described on the Site may be changed without notice. During the transaction procedure, an automatic response will inform the Customer of the time required to process the order and/or any impossibility of processing the order due to the unavailability of the Product ordered.
PRICE
4.1. The prices of the Products are expressed on the Site in Euros and include all applicable taxes or duties. The delivery costs highlighted separately in the order form must be added to the prices of the Products, if applicable.
4.2. Via Fiume 18 constantly verifies that all prices indicated on the Site are correct, without this, however, being able to guarantee the absence of errors. In the event that an error is found relating to the price of a Product, Via Fiume 18 will give the Customer the possibility of reconfirming the order of the Products at the correct price or cancelling it.
4.3. The information contained on the Site does not constitute an offer by Via Fiume 18.
PURCHASE METHODS
5.1. The essential characteristics and prices of the Products are shown in the offer relating to each Product present on the Site.
5.2. Before sending an order proposal, Customers are invited to ensure that they have read and understood the instructions provided during the purchase procedure and these General Conditions, as they will be binding once the contract is concluded. To purchase the Products, the Customer must complete and send the form with the order proposal in electronic format to Via Fiume 18, following the instructions contained on the Site. The Customer must insert the Product into the appropriate “cart” and, after having viewed and accepted the General Conditions, with particular reference to the contribution for delivery costs and the conditions on the right of withdrawal, as well as after having viewed the Privacy Policy , must select the desired payment method and choose the “proceed with the order” option.
5.3. If the Customer needs to correct any errors in data entry, he/she must follow the specific modification procedure indicated on the Site, before submitting his/her order proposal. In particular, the Customer has the right to modify the quantity of the Products he/she intends to purchase, adding or eliminating one or more Products from the “cart”.
5.4. By sending the order proposal to Via Fiume 18, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts the General Conditions.
5.5. Without prejudice to the uses of the data described in the Privacy Policy and subject to the express consent of the Customer, the form with the order proposal and the Customer's data relating to the order proposal will be retained by Via Fiume 18 for the period of time established by current legislation.
PAYMENT METHODS
6.1. The Customer may pay the price of the Products and the related delivery costs by credit card.
6.2. Via Fiume 18 accepts payments made with:
Visa
MasterCard
PayPal
6.3. The transaction will be charged to the Customer's credit card only after:
(i) the credit card details have been verified;
(ii) authorization to charge has been received from the company issuing the credit card used by the Customer and
(iii) the availability of the Product has been confirmed by Via Fiume 18 and therefore after the order is ready to be processed.
6.4. In the event that, for any reason, the debiting of the amounts due by the Customer proves impossible, the purchase process will be automatically cancelled and the purchase automatically deleted.
CONCLUSION OF THE CONTRACT
7.1. The contract stipulated between Via Fiume 18 and the Customer shall be deemed concluded when the Customer receives confirmation from Via Fiume 18 that his order proposal – sent in compliance with the purchase procedure indicated on the Site – has been successful, following verification of the availability of the Product and the debiting of the price to the Customer's credit card. The order proposal sent by the Customer will be binding for Via Fiume 18 only if the entire purchase procedure has been completed regularly and correctly, without any indication of errors by the Site.
7.2. Via Fiume 18 reserves the right to partially process the order in the event of unavailability of one or more Products ordered by the Customer. In this case, only the amount corresponding to the partially processed order will be charged.
7.3. Via Fiume 18 is not responsible for malfunctions dependent on the data transmission network operator.
7.4. In accordance with the provisions of Article 13 of the E-commerce Decree, at the time of confirmation of the order or execution of the contract, Via Fiume 18. will send the Customer, by email, a summary of the General Conditions, information on the essential characteristics of the Products purchased, a detailed indication of the price and means of payment, information on delivery costs, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of customized Products, the address of Via Fiume 18 to which complaints can be submitted, information on assistance services and existing commercial guarantees. The Customer must promptly verify the content of the communication and immediately report any errors or omissions to Via Fiume 18.
INVALIDITY OF THE ORDER PROPOSAL
8.1. In derogation of the provisions of the previous paragraph 7, no order proposal shall be deemed to have been accepted by Via Fiume 18 and no contract shall be deemed to be concluded between this and the Customer if Via Fiume 18 has reasonable and well-founded grounds to believe that the Customer:
(i) intends to purchase the Products for purposes related to his or her own business or professional activity or that of others, in accordance with the provisions of paragraph 1.2 of these General Conditions; or
(ii) does not operate on the basis of an actual and genuine interest in purchasing the Products ordered, or
(iii) abusively exercises the right of withdrawal recognised by paragraph 13 below.
8.2. In such cases, the order proposal sent by the Customer must be considered as having no validity or effectiveness whatsoever. Via Fiume 18 will send the Customer, by e-mail, a communication certifying the non-acceptance of the order proposal by Via Fiume 18 and the failure to conclude the contract, also taking care of the cancellation of any charge and/or expense to be borne by the Customer.
SHIPPING
TRANSPORT AND DELIVERY
9.1. For security reasons, the Products purchased on the Site will be delivered to the registered shipping address indicated by the Customer and at the time of delivery the signature of the Customer or of a delegate over 18 years of age will be required. Deliveries will not be made to PO boxes.
9.2. For each order placed on the Site, Via Fiume 18 issues a receipt of the Products shipped, sending it via email or post to the person placing the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The receipt is issued based on the information provided by the Customer at the time of ordering. No changes to the receipt will be possible after it has been issued.
9.3. Delivery costs are the responsibility of the Customer and are clearly highlighted in the order form.
9.4. All purchases will be delivered by selected courier (hereinafter, "Courier") from Monday to Friday, excluding Saturdays, holidays and local or national holidays. Via Fiume 18 is not responsible for delays that are not foreseeable and/or attributable only to the Courier against whom complaints in this case must be made. Delivery times are 7 working days.
9.5. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with Article 61 of the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following the conclusion of the contract in accordance with paragraph 7.1 above, unless Via Fiume 18 communicates - within the same period or by the final date agreed for delivery, also by email - the impossibility of delivering the Products ordered following the subsequent unavailability, even temporary, of the Products. In the event of such communication, Via Fiume 18 will refund any sums already paid by the Customer for the supply.
9.6. In the event that, following communication from Via Fiume 18 of a delay in the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the date of receipt by Via Fiume 18 of the communication of cancellation of the order, with the exception of customized Products, in accordance with the provisions of the following paragraph 12.
9.7. For the delivery of the Products, the presence of the Customer or his representative at the recipient's address indicated in the order is required. Upon delivery of the Products by the Courier, the Customer is required to check:
(i) that the number of packages delivered corresponds to that indicated in the transport document (DDT);
(ii) that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or the lack of correspondence in the number of packages or indications must be immediately contested in writing on the Courier's proof of delivery. Once the Courier's document has been signed without the Customer having raised any objection, the Customer will not be able to raise any objection regarding the external characteristics of the delivered package.
SHIPPING AND DELIVERY CONFIRMATION
10.1. Via Fiume 18 will send the Customer a confirmation email once the Products have been shipped.
PACKAGING OR PACKING
11.1. The Products purchased on the Site are delivered with the institutional packaging “Via Fiume 18” as occurs in the point of sale.
RETURNS AND REFUNDS
CUSTOM PRODUCTS
12.1. In accordance with the provisions of Article 59, paragraph 1, letter c), of the Consumer Code, the right of withdrawal, cancellation or return, which would otherwise be available, is excluded in the case of orders relating to personalized Products, for example items with names and/or writings specifically requested in the order through the engraving of the Customer's initials on the Product, without prejudice to paragraph 15 below or in the case of the creation of jewelry based on specific indications of the Customer, whether literal or figurative. With regard to the said customizations, the Customer acknowledges that the graphic representation proposed on the Site may differ from reality: the images and photographs of the engraving may in fact not reflect the actual appearance of the final product.
By filling out the return form inside the packaging, you can return the item within 30 days of purchasing it.
The return shipping is at the customer's expense, the return operation is free.
RIGHT OF WITHDRAWAL AND CANCELLATION OF ORDERS
13.1. Via Fiume 18 wishes to guarantee complete Customer satisfaction. Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract, without specifying the reason, by returning the Products, other than the customized ones referred to in paragraph 12, purchased on the Site within 14 (fourteen) days from the date of receipt of the Products.
13.2. To exercise the right of withdrawal, the customer must send an email to the following address: viafiume18@gmail.com containing:
(i) the expression of the will to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code;
(ii) the indication of the products for which the customer wishes to exercise the right of withdrawal;
(iii) the progressive order number communicated by Via Fiume 18 at the time of purchase confirmation;
13.3. In the event of exercising the right of withdrawal, Via Fiume 18 will refund the full price of the Products provided that they are returned by the Customer within 14 days of exercising the right of withdrawal, unworn, unused and undamaged, and accompanied by the relevant original receipt, and with the institutional “Via Fiume 18” packaging.
13.4. River Street 18 reserves the right to refuse the return of those Products that do not comply with these requirements. In the case of defective Products, the provisions of paragraph 15 "Defects of conformity" will apply. Refunds will be made using the same payment method used for the purchase.
13.5. The costs for returning the Products are borne by the Customer; any costs incurred by the Customer for the return will not be refundable.
13.6. Via Fiume 18 undertakes to reimburse the Customer without undue delay and in any case within 14 days from the date of receipt by the same of the communication of withdrawal from the contract pursuant to art. 54 of the Consumer Code; and will send a notification email once the reimbursement has been made.
13.7. It is recommended to send the Products to be returned using a courier, insuring the full value of the goods, and taking care to receive a shipping number to allow tracking the shipment. Via Fiume 18 will not be responsible for the refund or compensation relating to Products shipped by the Customer but never received by Via Fiume 18 due to loss, theft or damage not attributable to the latter.
13.8. If the Customer wishes to modify or cancel the order already sent, he/she must promptly send, and in any case before receiving the email confirming the shipment, an email to viafiume18@gmail.com. Via Fiume 18 will do everything in its power to satisfy the Customer's request. However, once the Product has been shipped, the order cannot be cancelled or modified. The Products shipped may however be returned and in this case reference will be made to the provisions on the right of withdrawal described above.
PRODUCT REPLACEMENT
14.1. Via Fiume 18 intends to provide Customers with the possibility of replacing the Products purchased on the Site and to this end the Customer must mandatorily follow the procedure indicated below.
14.2. The Customer who is not completely satisfied or who believes there is a discrepancy with the order placed must keep all the documentation relating to the delivery and the Product itself in its original packaging and immediately contact Via Fiume 18. by email to the following address: viafiume18@gmail.com following the procedure referred to in the previous paragraph 13.
14.4. The Product to be replaced must arrive at Via Fiume 18 in its original state of dispatch, as set out in paragraph 13.3.
14.5. Please note that in the replacement process, the amount paid by the Customer will first be refunded using the same payment method used by the Customer for the purchase (as per paragraph 6) and then the new transaction will be carried out.
14.6. The fulfillment of the new order is subject to the availability of the requested Products.
14.7. Shipping costs relating to the return of the Product are borne by the Customer.
14.8. The replacement Product will be sent to the Customer by courier without charging additional shipping costs exclusively in the event that the replacement is carried out by the Customer due to a defect in the Product pursuant to the following paragraph 15.
DEFECTS OF CONFORMITY
15.1. Should a Product sold by Via Fiume 18 present a manufacturing defect and in any case for any lack of conformity relating to Products sold by Via Fiume 18, the Customer must immediately contact online assistance at the address: viafiume18@gmail.com.
15.2. The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right to restore, free of charge, the conformity of the goods through repair or replacement or, in the event that these remedies fail, to an appropriate reduction in price or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Via Fiume 18 within two months of the date on which he discovered the defect. The action aimed at asserting defects not fraudulently concealed by Via Fiume 18 expires, in any case, within twenty-six months of delivery of the goods.
ERRORS OR INACCURACIES
16.1. Via Fiume 18 undertakes to provide constantly updated information in the sections of the Site relating to the description and/or sale of the Products and will do its best to ensure that the description and/or photographic representation of the products on the site is as faithful as possible to the products themselves. However, it is not possible to guarantee the complete absence of errors and, taking into account the methods of digital presentation of the products, it is possible that the Customer's perception of the description or graphic representation of the products does not correspond exactly to the product itself. Via Fiume 18 reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to modify or update the information at any time without prior notice.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1. Via Fiume 18 guarantees the authenticity of all Products purchased on the Site. The Products branded “Via Fiume 18” are all strictly and entirely MADE IN ITALY.
APPLICABLE LAW AND JURISDICTION
18.1. These General Conditions are governed by Italian law and must be interpreted in accordance with Italian law.
18.2. For any disputes arising from the interpretation, validity and/or execution of these General Conditions, the exclusive territorial jurisdiction will be that of the judge of the place of residence or domicile of the Customer/consumer.
CONTACTS
19.1. For further information and assistance on the Site or on the online purchasing methods, the Customer can contact Via Fiume 18 at the following e-mail address: viafiume18 @ gmail .com or at the address below:
Via Fiume 18, 35139, Padua.
PRIVACY
The Customer, having acquired the information provided by the data controller pursuant to art. 13 of Legislative Decree 196/2003, gives his consent to the processing of his personal data for the purposes indicated in the aforementioned information as necessary to allow the Data Controller to correctly manage the relationship and to appropriately process the data themselves.