GENERAL SALES TERMS AND CONDITIONS FOR ONLINE PURCHASES
These general terms and conditions govern online purchases carried out on the website www.loredanamandas.com owned by the company Loredana Mandas, managed and located in Italy.
1.1. These general terms and conditions (hereinafter, “General Terms and Conditions” and/or “CGV”) are applicable to all sales of products bearing the “Loredana Mandas” brand (hereinafter, “Products” or “Product”) as exhibited in the website www.loredanamandas.com (hereinafter, “Website”).
1.2. The use of the remote sales service described in these General Terms and Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”), understood as individuals who are acting for purposes outside any commercial, artisan, entrepreneurial or professional activities they may carry out, and who are over the age of 18 (or if minors, are authorised by their legal guardians).
1.3. It remains the Customer's responsibility to periodically check the Terms and Conditions to ensure that they continue to agree with them as published on the website www.loredanamandas.com, and in accordance with article 12, paragraph 3, of Legislative Decree no. 70 dated 9 April 2003 (“Implementation of Directive 2000/31/EC concerning certain legal aspects of the services of the domestic market information company, with particular reference to electronic commerce” - hereinafter, “E-commerce Decree”. A copy of the General Terms and Conditions will in any case be sent by email to the Customer by the owner of the company, the company Loredana Mandas (as defined hereinafter), in compliance with the following paragraph 7 of these CGV. The agreements concluded with the Customers will be filed by the owner of the company, the company Loredana Mandas, with the option for Customers to access on the website from their own accounts.
1.4. The agreements concluded with the company Loredana Mandas through the website are governed by Italian law and more specifically, by Legislative Decree no. 206 dated 6 September 2005 (hereinafter, “Consumer Code”), and by the E-commerce Decree.
IDENTIFICATION OF THE VENDOR
2.1. The vendor is the company Loredana Mandas, with registered office in Cagliari (CA), Via Sicilia 31.
INFORMATION ABOUT THE PRODUCTS AND THEIR AVAILABILITY;
3.1. The information relating to the Products, with their relative product codes, is available on the website. Customers will also find details of the principle characteristics of each product.
3.2. The website does not contain all the products. The products represent a selection of the items generally available in the store. As each piece of jewellery is handcrafted and unique, the graphical representation of the products displayed on the website may differ from the actual merchandies available. For further information, the Customer should contact the merchant Loredana Mandas, e-mail: email@example.com.
3.3. All the products are subject to availability. The company Loredana Mandas reserves the right at all times to increase or decrease the quantity and/or type of products available and purchased online through the website www.loredanamandas.com. The style, model and color of the products described on the website www.loredanamandas.com may be changed without notice. If the product is unavailable the Customer will be informed at the time of the transaction by the merchant Loredana Mandas through e-mail and from firstname.lastname@example.org.
3.4. The company Loredana Mandas reserves the right to evaluate requests regarding the development of customized orders requested by the customer, and include merchandise not displayed in the website, or changes made (e.g. include but not limited to replacement of stones, size, colors, inscriptions, engravings etc.) to products as displayed in the website. The customer will be notified with an automatic reply as to availability of the product and expected delivery.
4.1. The products displayed on the website www.loredanamandas.com list prices in Euro and include all applicable taxes and shipping. Prices expressly exclude payment of any taxes and/or excise duty required by legislation in the country of residence of the customer/recipient of the product which remain exclusively at the expense of the customer.
4.2. The company Loredana Mandas periodically check prices indicated on the website www.loredanamandas.com are accurate, but not limited to inadvertent errors. In the event of a pricing error being found for the product, the company Loredana Mandas will give the Customer the option to confirm the order of the product at the correct price, or cancel the order/product.
4.3. The information contained on the website www.loredanamandas.com does not constitute an offer from the company Loredana Mandas.
5.1. The description and the price of the products are indicated in the order in reference to the product reflected on the website www.loredanamandas.com.
5.3. Should Customers need to modify the data entered before submitting the order, they must follow the specific change procedure indicated on the website www.loredanamandas.com. Customers are entitled to change the quantity of the products before submitting the order (e.g. increasing or decreasing items to the cart).
5.4. Before submitting the order to the company Loredana Mandas, the Customer acknowledges and confirms having read all the instructions indicated during the transaction and to fully accept the General Terms and Conditions.
Purchases made on site www.loredanamandas.com can be paid via PayPal, credit card or by bank transfer.
6.1 Payment by PayPal or Credit Card
6.1.1 The Customer can pay for the product by credit card or via PayPal.
6.1.2 The company Loredana Mandas shall accept payment made by:
• Prepaid Card PayPal
• American Express
• Carta Aura
6.1.3. The transaction will be charged to the Customer's credit card only after:
(i) a verification of the credit card data;
(ii) a verification from the Customer authorizing to charge the provided credit card,
6.1.4. If the Customer is unable to make the payment for the product and for any reason whatsoever, the order will be immediately cancelled.
6.2 Payment by Direct Bank Transfer in advance
6.2.1 If the Customer chooses to pay by bank transfer, the order will only be sent once the payment has been accredited to the account of Loredana Mandas. After 72 hours, if the payment has not gone through the order will be considered not valid and cancelled.
6.2.2. The reason for payment must mention:
- the reference code of the order that will be sent in the email confirming the order
- name and family name of the person making the order.
6.2.3 The bank details for payment are:
IBAN: IT35D 01015 04801 000000011326
CONCLUSION OF THE CONTRACT
7.1. The agreement stipulated between the company Loredana Mandas and the Customer shall be understood as completed once the Customer receives confirmation from The company Loredana Mandas that the order proposal – submitted in compliance with the purchase procedure indicated on the website www.loredanamandas.com – confirming the product is available and payment from the Customer by credit card has been successful or, that is, once payment has been made by any of the accepted means. The order proposal submitted by the Customer will only be binding for the company Loredana Mandas if the entire purchase procedure has been correctly completed and no errors have been produced from the website www.loredanamandas.com.
7.2. The company Loredana Mandas reserve the right to partially fulfill the order in case of unavailability of the product ordered by the Customer. In this case, only the available item will be charged to the Customer.
7.3. The company Loredana Mandas is not responsible and liable for network and technical issues residing on the customer end during the time of the transaction.
7.4. In compliance with the provisions as stated in article 53 of the Consumer Code, at the time confirming the order or performing the agreement, the company Loredana Mandas shall send the Customer an email information concerning the essential characteristics of the products purchased, a detailed breakdown of the price and payment method links concerning the terms and methods of exercising the right to withdraw (including information about the exclusion of the right to withdraw in the event of custom-designed Products), the address of the company Loredana Mandas for forwarding any complaints, and information about after-sales assistance and all existing commercial guarantees. The Customer is responsible for reviewing the content of the email and immediately notify the company Loredana Mandas of any errors or omissions.
INVALIDITY OF THE ORDER PROPOSAL
8.1. Notwithstanding the provisions set down in paragraph 7 above, no order proposals shall be considered accepted by the company Loredana Mandas and no agreements shall be understood as concluded between the latter and the Customer should the company Loredana Mandas have reasonable grounds for considering that the Customer:
(i) intend to purchase the product for purposes inherent to its own activity or other entrepreneurial or professional activities, in accordance with the provisions laid down in paragraph 1.2 of these General Terms and Conditions; or
(ii) does not operate based on an effective and genuine interest in purchasing Products ordered, or
(iii) abuses the right to withdraw as specified in paragraph 13 hereunder.
8.2. In these cases, the order proposal submitted by the Customer will be understood as lacking in any validity or effectiveness whatsoever. The company Loredana Mandas shall send the Customer an email confirming the order has been denied by the company Loredana Mandas, and in addition cancel charges paid by the Customer.
TRANSPORT AND DELIVERY
9.1. For safety reasons, the Products purchased on the website www.loredanamandas.com will be delivered to the address registered on the credit card unless otherwise instructed by the Customer, and at the time of delivery the Customer, must be over the age of 18, must sign for and accept the shipment. No deliveries will be sent to PO boxes.
9.2. For every order placed on the website www.loredanamandas.com, the company Loredana Mandas will issue a receipt to the Customer billed for the products through e-mail, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The receipt will be sent to the e-mail address provided by the Customer at the time of placing the order. No variations will be possible once the receipt has been issued.
9.3. All delivery expenses will be charged to the company Loredana Mandas, expressly excluding the possible payment of taxes and/or excise duty required by legislation in the country of residence of the customer/recipient of the product which remain exclusively at the expense of the customer.
9.4. All the purchases will be delivered by the selected courier (hereinafter, “Courier”) during weekdays from Monday to Friday (excluding Saturdays and local and national holidays). The company Loredana Mandas cannot be held liable for delays which are unforeseeable and/or only ascribable to the Courier, against whom all relative claims must be advanced. Delivery varies from 3 to 10 working days.
9.5. However, except in cases of force majeure or unforeseeable circumstances, in accordance with article 61 of the Consumer Code, the Products indicated on the website as available will be delivered within a maximum of 30 (thirty) days starting from the day after the date on which the agreement was concluded, in compliance with paragraph 7.1 above, unless the company Loredana Mandas communicates (also by email and within the same term or by the last day agreed upon for the delivery) the impossibility of delivering the products ordered due to sudden unavailability, even temporary, of the same. In the event of such communication, the company Loredana Mandas shall reimburse any sums already paid by the Customer for products forming part of the supply.
9.6. In the event of the Customer choosing to cancel the order after receiving communication from the company Loredana Mandas informing of a delay in the delivery date, the sums already paid by the Customer will be reimbursed in a timely manner, and in all cases, no later than 30 (thirty) days after the date the company Loredana Mandas receives the communication about the order cancellation, with the exception of custom-designed Products and in reference to paragraph 12 below.
9.7. The client or a delegate over 18 years old, instructed by the client must be present to receive the merchandise. At the time of delivery of the products by the courier, the Customer is required to check the following:
(i) that the number of packages delivered corresponds to the number indicated on the transport document (DDT);;
(ii) that the packaging is intact, not damaged, wet or in any other way altered, also with regard to the sealing materials. Any damage to the packaging and/or the product or a mismatch between the number of packages and the indications on the transport bill, must immediately be reported in writing on the Courier's proof of delivery document. Once the Courier's document has been signed without comments added by the Customer, the latter will not be entitled to advance any claims concerning the exterior characteristics of the package delivered.
SHIPPING AND DELIVERY CONFIRMATION
10.1. The company Loredana Mandas will send the Customer a confirmation email once the product has been shipped.
PACKETS OR PACKAGING
11.1. The product purchased on the website www.loredanamandas.com will be delivered in the standard “Loredana Mandas” packaging as used in the store.
RETURNS AND REIMBURSEMENT
12.1. In compliance with everything indicated in article 55, paragraph 2, letter d) of the Consumer Code, the right to withdraw, cancel or return, which the Customer would otherwise be entitled to, is not permitted in the case of orders relating to custom-designed products, without prejudice to paragraph 15 below, or in the case of creating jewellery to the Customer's specific instuction, both literal and figurative. In relation to confirmed custom-designing, the Customer acknowledges that the graphical representations published on the website www.loredanamandas.com could differ from reality: the images and photographs of the engraving may in fact fail to reflect the actual appearance of the final product.
12.2. There are no returns, cancellations or exchanges on customized products and/or orders pursuant to art. 3.4.
RIGHT TO WITHDRAWAL AND ORDER CANCELLATION
13.1. It is the company Loredana Mandas's desire to guarantee the Customer's complete satisfaction. Pursuant to article 64 of the Consumer Code, the Customer is therefore entitled to withdraw from the agreement without specifying any reasons, and to return the products, provided not custom-designed as per paragraph 12, purchased on the website www.loredanamandas.com within a period of 14 working days after the date of receiving the Products.
13.2. In order to exercise the right to withdraw, the Customer must send an email to the email address: email@example.com containing:(i) the intention to avail of the right to withdraw in accordance with article 54 of the Consumer Code; (ii) an indication of the products for which the Customer intends to avail of the right to withdraw; (iii) the progressive number of the order communicated by the company Loredana Mandas at the time of confirming the purchase.
13.3. In the event of exercising the right to withdraw, the company Loredana Mandas shall refund the total price of the products provided these are returned within 14 days by Customer without having been worn, used or damaged, and provided accompanied by the relative original receipt and with the standard “Loredana Mandas” packaging. The company Loredana Mandas will accept product returns and changes that have been delivered with a return/change label, sticker or seal, only if the above-mentioned return instructions have been correctly followed and the label, sticker or seal are intact and still affixed to the product.
13.4. The company Loredana Mandas reserves the right to refuse the return of products which are not compliant with these requirements. In the case of defective products, the provisions set forth in paragraph 15 “Compliance Defects” will be applicable. The reimbursements will be made according to the same payment methods used for the purchase.
13.5. The cost of returning the products will be the responibility of the Customer and any expenses incurred by the Customer for the returns will not be refundable.
13.6. Each delivery contains user-friendly instructions for returning the products.
13.7. The company Loredana Mandas agrees to reimburse the Customer by and no later than 14 days after the date of receipt by the same of the communication of order cancellation or withdrawal in compliance with art. 54 of the Consumer Code, and will send an email communicating the reimbursement made.
13.8. It is mandatory to send the products to be returned by courier service after insuring the full amount of the products and note the tracking number in order to track the delivery. The company Loredana Mandas cannot be held liable for the reimbursement or compensation of products shipped by the Customer but which have not been received by the company Loredana Mandas due to loss, theft or damage not ascribable to the latter.
13.9. If the Customer wishes to change or cancel an order already submitted, the Customer must send an email to firstname.lastname@example.org in a timely manner or before receiving the email confirming the shipment. The company Loredana Mandas will take all steps to satisfy the Customer. However, once the product has been shipped, the order can no longer be cancelled or changed. Nevertheless, the shipped products can still be returned and in this case the regulations for returns described above must be followed.
REPLACEMENT OF PRODUCTS
14.1. The company Loredana Mandas intends to offer Customers the possibility of replacing products purchased on the Website and for this purpose the Customer will be required to follow the procedure indicated hereunder.
14.2. Customers who are not fully satisfied or consider that there is a discrepancy with the order made, must keep all the documentation relating to the delivery, with the purchased product in its original packaging. They must immediately contact the company Loredana Mandas by email at the following address: email@example.com and then follow the instructions described in paragraph 13 above.
14.4. The product to be replaced must be returned to the company Loredana Mandas in its original, unopened packaging, as indicated in paragraph 13.3 above.
14.5. For the replacement of a Product it is necessary to fill out the form provided with each product shipped, clearly indicating the code and size of the new product that the Customer wishes to receive.
14.6. The processing of the new order will be subject to availability of the products requested.
14.7. The delivery costs relating to the return of the product will be charged to the Customer. Any taxes and/or customs duty connected to the return of the product will also be at the expense of the customer.
14.8. The replacement product will be sent to the Customer by courier service without the charging of any additional shipping costs if the replacement is carried out by the Customer due to unavailability of the Product, as indicated in paragraph 15 below.
15.1. If a product sold by the company Loredana Mandas should have any manufacturing defects or any presumed compliance defects relating to products sold by The company Loredana Mandas, the Customer must immediately contact the online assistance service at the email address: firstname.lastname@example.org.
15.2. The legal guarantees foreseen by articles 129, 130 and 132 of the Consumer Code are applied to the sale of the products. The Customer is entitled to have the compliance of a product restored free of charge, via repair or replacement of the same, or in the event of these remedies failing, a suitable reduction in price or termination of the agreement. The Customer shall lose these rights if they fail to report the compliance defect to the company Loredana Mandas within two months after the date on which the defect was discovered. The direct action for claiming for defects not fraudulently concealed by the company Loredana Mandas foresees in any case a term of twenty-six months after delivery of the goods.
ERRORS OR INACCURACIES
16.1. The company Loredana Mandas is committed to providing updated information in the sections of the website www.loredanamandas.com relating to the description and/or sale of the products. However, the company Loredana Mandas can not guarantee absence of any errors. The website www.loredanamandas.com may contain typing errors, inaccuracies or omissions, for example in relation to the price, availability of the products, or the information cards of the products. The company Loredana Mandas reserves the right to correct any errors, inaccuracies or omissions even after an order proposal has been submitted, and it also reserves the right to amend or update the information at any time without prior notice.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1. The company Loredana Mandas guarantees the authenticity of all the products purchased on the website www.loredanamandas.com. The products bearing the “Loredana Mandas” brand are manufactured with the highest quality materials by Loredana Mandas, and strictly and entirely MADE IN ITALY.
17.2. The “Loredana Mandas” brand, together with the series of figurative and non-figurative trademarks present on the products, on the relative accessories and/or packaging, and on the trademark, irrespective of whether registered or not, likewise all the illustrations, photographs and logos protected by copyright and more generally, all the intellectual property rights relating to the Products, are and shall remain the exclusive property of the company Loredana Mandas, therefore, the total or partial reproduction (except for personal use and not commercial), distribution, publication, transmission, modification and the sale of information is expressly prohibited unless specifically and expressly authorised by the company Loredana Mandas.
APPLICABLE LAW AND COMPETENT COURT
18.1. The General Terms and Conditions are governed by Italian law and shall be interpreted in compliance with Italian legislation. For anything not covered by the above terms and conditions of use of this site, exclusive reference will be made to Italian substantive law.
18.2. Any disputes arising in relation to the interpretation, validity and/or performance of these General Terms and Conditions and/or to the utilisation of the site itself will be settled exclusively by the Court of Cagliari (CA) in the place of residence or domicile of the company Loredana Mandas, Cagliari (Italy).
18.3. By using this site you expressly agree to the sole jurisdiction of the Court of Cagliari to resolve any disputes arising in relation to the interpretation of the above terms and conditions of use of this site and/or to the utilisation of the site itself.
19.1. For any further information and assistance concerning the website www.loredananmandas.com or the online purchasing methods, the Customer is invited to contact the company Loredana Mandas at the following email address: email@example.com.
The customer, acquires the information provided by the owner pursuant to Article 13 of the D. Leg 196/2003, so by giving his consent to the processing of personal data for the purposes stated in the notice, as is necessary to enable the owner in the correct management of the relationship and a proper treatment of the data
Please note that further to the transfer of ownership, the personal data you provide for the purpose of registering on the www.loredanamandas.com website will be processed in accordance with Legislative Decree no. 196 dated 30 June 2003 by company Loredana Mandas in its capacity as Data Controller. Pursuant to section 13 of the aforementioned Legislative Decree 196/03, company Loredana Mandas informs users of the following.
1. Data Controller
Consultation of this website by the user (data subject) entails the issuing of information of a personal nature. The entity in charge of processing said data is company Loredana Mandas with office in Cagliari (CA - Italy), Via Sicilia no. 31, 09124 (VAT number and tax code 01791810920). The user's personal data will be processed by subjects who, pursuant to section 30 of Legislative Decree 196/03, are assigned directly by the Data Controller and operate under the direct authority of the same based on the instructions received. The user's personal data are also processed by subjects assigned as system directors pursuant to the Provision issued by the Garante for the Protection of Personal Data.
2. Nature of the data processed and purpose of the processing
The user's data are collected and used exclusively for purposes directly connected to and instrumental for the implementation and operating of the services supplied by company Loredana Mandas through its own website, www.loredanamandas.com and for fulfilling the obligations required by national and community legislation.
Upon creating an Account the user can request to receive from company Loredana Mandas, at the email address indicated at the time of registering, communications and commercial proposals relating and/or connected to the products and services offered by company Loredana Mandas. The user may object to the aforementioned processing, either initially not crossing out the relative box on the registration form, or later on by sending an email to firstname.lastname@example.org.
3. Compulsory nature of the providing of the data
The providing of the data requested at the time of implementing the services for the purposes mentioned in the previous section is compulsory due to being strictly functional for the performance of the same. Any refusal to provide data will make it impossible for company Loredana Mandas to complete the user's registration process and therefore to supply the services.
4. Communication of data
The user's personal data may be communicated to specific subjects entrusted by the Data Controller to supply services instrumental to or necessary for the fulfilment of the obligations connected to registration on the website www.loredanamandas.com and to online purchases, within the limits of and in compliance with the instructions given.
In particular, the data may be communicated to:
1. Persons, companies, or professional firms that supply assistance, consultancy or collaboration activities regarding accounting, administration, legal affairs, taxation and finance;
2. Subjects assigned and/or entrusted to carry out activities or parts of activities relating to the supply of sales services, such as Customer assistance, even if managed in outsourcing; the logistics centre assigned to the packaging of products purchased by the user; the carriers entrusted to deliver the products purchased; subjects who carry out after-sales services on behalf of the Data Controller, and any other external collaborator to whom communication is necessary for the correct fulfilment of the obligations assumed by company Loredana Mandas in relation to the supply contract of its own services;
3. Public administrations for performing official functions within the limits established by law or by the regulations in force.
The user's data will not be subject to disclosure.
5. Processing methods
The data will be collected by electronic means and processed via registration, communication, storage, and erasure operations carried out prevalently with the aid of electronic instruments, and via use of appropriate measures for ensuring the security of the data processed and guaranteeing the confidentiality of the same.
The user's data, saved in electronic form, are housed and filed on a server belonging to company Loredana Mandas. More specifically, the Data Controller declares that the data recorded on the server are protected against the risk of intrusion or unauthorised access, and also to have adopted appropriate safety measures for ensuring the integrity and availability of said data as well as protection of the relative areas and rooms for the purpose of storage and accessibility of the same.
Personal data will be processed by collaborators and/or employees of the Data Controller in their capacity as persons in charge of or assigned to the processing within the context of their respective functions and in compliance with the instructions imparted by the Data Controller.
6. Rights of the data subject
Pursuant to section 7 of the Personal Data Protection Code, the user shall have the right at all times to obtain confirmation as to whether or not personal data concerning him/her exist and the purposes for which they are used. He/she shall also have the right to obtain updating, rectification, erasure or blocking of the data and to object, in whole or in part, to their processing.
In order to exercise the aforementioned rights, as well as receive information regarding the subjects care of whom the data are stored or to whom the data are communicated, or subjects who, in their capacity as persons in charge of or assigned to the processing, may gain knowledge of his/her data, the user may contact the Data Controller, company Loredana Mandas with office in Via Sicilia no. 31, 09124 Cagliari (CA - Italy).
Section 7 of Legislative Decree 196/2003 states:
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him/her exist, regardless of their being already recorded, and communication of such data in an intelligible form.
2. A data subject shall have the right to be informed:
a) of the source of the personal data;
b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with electronic means;
d) of the identification data concerning the Data Controller, data processors and the representative designated as per Section 5 (2);
e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the right to obtain:
a) updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, also in relation to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared to the right protected.
4. The data subject shall have the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
In order to exercise the aforementioned rights, as well as to receive information regarding the subjects care of whom the data are stored or to whom the data are communicated, or subjects who, in their capacity as persons in charge of or assigned to the processing may gain knowledge of his/her data, the user may send a request to the email email@example.com.
No cookies whatsoever are used to transmit personal information, nor are C & D persistent cookies or user tracking systems of any kind implemented.
Use of the so-called session cookies – which are not stored permanently on the user's computer and disappear upon closing the browser – is exclusively limited to the transmission of session ID's – consisting of server-generated casual numbers – as necessary to allow secure, effective navigation.
The so-called session cookies used by this website make it unnecessary to implement other computer techniques that are potentially detrimental to the confidentiality of user navigation, and they do not allow the acquisition of the user's personal identification data.
8. Duration of processing
The processing of personal data will only last for the time strictly necessary for the purposes for which it has been collected in compliance with civil, fiscal and taxation laws in force.