Terms of Sale

1. DEALER COMPANY AND SITE OWNER

Products purchased on the website https://madinavisconti.com (hereinafter defined as “Products”), are sold directly by the company O.M. Visconti S.R.L.  – Owner of this website – regularly registered with Company Register of Milan no. , and the REA n. MI – 2582342 , Tax Code 11148830968, VAT no.11148830968, with operational headquarters in Italy in Milan, via Santa Marta 13, 20123 and registered office in Italy in Milan, via Santa Marta 13, 20123.

2. ORDERS

The General Conditions of Sale are considered as an integral part of the purchase and subsequent sale agreement entered into between the online buyer (hereinafter referred to as the “Client”) and O.M. Visconti S.R.L. (hereinafter referred to as the “Seller” or OMV), in relation to the Products on the website https://madinavisconti.com.

The Client is thus asked to read carefully these Terms of Sale before placing the purchase order.

The forwarding of the purchase order implies the full knowledge and express acceptance of the General Conditions of Sale as well as noted in the Order Form.

Once the Purchase Order is placed, the Client must print and stow away, therefore download and store, the General Conditions of Sale and its order form, that the Client will have already viewed and accepted.

The age of majority (18 years) and the legal capacity to act are necessary in order to make a valid purchase order, both are presumed if the Client decides to complete the purchase order.

3. CONCLUSION OF THE CONTRACT

The display of Products on the OMV storefront website constitutes an offer to the public.

In order to conclude the contract for the purchase of one or more Products on the website https://madinavisconti.com the Client must correctly complete the order form in all its parts and send it to the Seller electronically by following the purchase procedure.

The Purchase Order filled in by the Client will be sent by the same only if they confirm, through a special explicit command:

a) to have read and accepted these Terms of Sale;

b) to have been made aware of and have accepted that the sending of the Purchase Order itself imply the obligation to pay the price of the selected Products and that the payment can be made either – after explicit demonstration by the Client Mode chosen – by paying with a credit card (Stripe) or through secure system “Paypal”.

In case of absence of such confirmation, the order cannot be sent by the Client or received by the Seller.

All orders are subject to the the Seller’s approval.

The order form will be filed by the Seller in a special database and once the contract is finalized, the Seller will process the purchase order.

The online contract is deemed finalized when the Client receives an acceptance communication via email from the Seller.

The email at issue will report the general conditions –that can also be consulted on the home page of the website – applicable to the contract, any special conditions applicable to the contract, any information concerning the right of withdrawal and those relating to the direct cost of returning the Products borne to the Client; Along with these items of information, the Client will receive information (via e-mail sent by the Seller) on the main characteristics and price of the Products selected, and details regarding the payment method selected.

The Client must print and stow away, therefore download and store, the acceptance communication from the Seller.

If there are erroneous, incomplete or different data to what is required, an error message will appear to notify the Client that they need to correct or integrate the data.

The Seller may not process purchase orders that are incorrect and / or incomplete, or referring to not available Products. In such cases, the Seller will inform the Client that the contract cannot be concluded and therefore the order will not be executed and the Seller will proceed with the refund of  all the amounts already paid by the Client, using the same method of payment; in this case, the Client will not however be entitled to any further refunds or compensation for damages.

4. OBJECT OF THE CONTRACT

The contract can be for the following Products or categories of Products:

–    Jewels (Bracelets, Earrings, Necklaces, Rings, Headbands, Pendants, Brooches);

–    as well as all other products included in the catalogue;

The Products mentioned are marketed via the internet through the website https://madinavisconti.com by the Seller.

The main characteristics of the Products are shown on each Product entry.

The images accompanying the description of a Product are for information purposes only and may not be fully representative of its features but can be different in eg. color and size (it can depend also on the software and hardware devices used by the Client to access the website https://madinavisconti.com and display the images)

5. PRICE OF PRODUCTS AND OTHER EXPENSES

Product prices are shown on the website https://madinavisconti.com

The Seller reserves the right to modify Product prices at any time on the website https://madinavisconti.com.

However, when referring to purchase orders already sent, the Seller undertakes to apply the prices listed on the website https://madinavisconti.com on the date of order.

The prices of Products listed on https://madinavisconti.com include legal VAT and do not include shipping costs.

The Seller is responsible for shipping costs, which will be calculated on the destination of the package containing the Products.

If the Products ordered are to be delivered outside Italy, the Seller will bear any duties, taxes and fees, which may be payable under the rules in force in the countries where the Products will be delivered and payable once the package reaches the specified destination.

Any costs related to the connection via the Internet at https://madinavisconti.com, including telephone charges at the rates determined and applied by the telephone selected by the Client have to be borne by the Client.

6. SHIPPING

The Products ordered will be delivered by plane, courier or parcel post, to the address indicated by the Client while filling out the Purchase Order .

By filling out the order form, the Client accepts the terms of delivery specified on the https://madinavisconti.com website.

The Seller delivers exclusively to the following countries:

Purchase orders requiring delivery to a country other than those mentioned above will not be accepted.

The Client must be aware that Products delivery across borders are subject to opening and inspection  by custom authorities and – when necessary – they are liable to provide all required information by contacting  the relevant local custom office.

7. TIME AND MEANS OF DELIVERY

If the Client is a consumer (defined as any physical person who interacts with the website https://madinavisconti.com for purposes unrelated to business or professional activity) according to Legislative Decree n.206 of September 6, 2005, replacing the Legislative Decree  n. 21 of February 21, 2014 (limited to  Articles 45 to 67) , the following terms and conditions of delivery  will be applied.

The order will be activated within a maximum of 48 (forty eight) working hours from the receiving of the notification of payment from the Seller’s account.

The following contingencies may affect the delivery of the Product:

–    Product availability. The Products listed on the https://madinavisconti.com website are generally available in stock or at our suppliers;

–    availability of the Products;

–    packaging and shipping;

–    place of delivery of the Product;

In any case, following the confirmation of payment, the goods will be delivered according to the following time delivery:

For Products to be shipped in ITALY: 3-5 days;

For Products to be shipped in EUROPE: 3-5 days;

For Products to be shipped in USA and THE REST OF THE WORLD: 5-9 days.

For Products customized or made-to-order on a specific request of the Client, the terms above mentioned will start within 40 up to 60 working days after the receiving of the notification of payment, corresponding to effective production time.

It is to be understood that the delivery time above indicated shall be considered as indicative and delays of up to 30 (thirty) days do not entitle the Client to a) refuse the delivery itself, excepting without prejudice the right of withdrawal as specified below b) request of refunds or compensation for damages.

8. HOW TO DEAL WITH  THE DELIVERY OF THE PRODUCTS

Although the Client is given the possibility of ensuring the Products selected by flagging an explicit command inserted in the Shipping and Billing address Details section, while receiving the package or packages it is necessary:

–    to verify that the package is intact;

–    to verify that the package is not damaged;

–    to verify that the package is not wet or damp;

–    to verify that the package has not been opened and re-closed;

–    to verify that the package is in compliance with the standard packaging requirements;

–    to verify that the number of packages indicated in the shipping document and sales invoice matches the number of packages actually delivered;

–    in case of damage, missing articles, anomalies, disputes or other problems, it is necessary to indicate these circumstances on the shipping document or invoice and to have them countersigned by the carrier of the Products. It is further necessary to indicate which and how many articles have problems, clearly specifying the reason for refusal of delivery.

Additionally,  in order to allow the Seller to enable all the required procedures for insurance and potential indemnification of the carrier, after noting and filling the specific problem, it is also necessary to notify the Seller of the situation within 7 (seven) days of delivery of Products at this email address digital@omvisconti.it.   In addition, after noting and filling the problem as indicated above, it is necessary to inform the carrier about the problem by registered letter with return receipt within 7 (seven) days from the delivery of the Products at the address indicated on the shipping document.

At the time of delivery, should the Client be absent from the delivery address within the scope of the hours indicated on the purchase order, the delivery will not be executed and the Seller will refund amounts eventually already paid by the Client, excluding potential costs of storage and other costs incurred by the Seller and caused by the Client. Sums will be refund with the same method in which payment was received; in this case, the Client will not be entitled to any further refunds or compensation for damages.

The above does not prejudice nor exclude the rights of the Client as specified by  Legislative Decrees n. 206 of September 6, 2005, replacing by Legislative Decree n. 21  of February 21, 2014

9. LIABILITY AND LIMITATIONS OF LIABILITY

Risk of loss or damage to the Products for reasons not ascribable to the Seller is transferred to the Client, only when the Client, or a third party designated by the Client, other than the carrier, physically takes possession of the Products.

In any case, the risk is transferred  to the Client immediately upon delivery of the Products to the carrier, in case the carrier has been chosen directly by the Client, and only if this choice was not selected by the Seller, without prejudice to the rights of the Client in regard to the carrier.

The Seller is not in any way responsible for any failure, delays or omissions in deliveries due to force majeure or unforeseeable circumstances. Likewise, any  liability on the part of the Seller is excluded in the event of fires, explosions, strikes, natural disasters, wars, riots, demonstrations or other similar events that prevent the execution of the contract within the timeframe and according to the procedures prescribed by the General Conditions of Sale and the current regulations.

It is understood that, except in cases of wilful misconduct or gross negligence, the Seller – if responsible – is liable only for any direct and foreseeable damage at the time of conclusion of the sales contract, and is, however, not responsible for any loss suffered, including but not limited to loss of profit or any other damage that is not an immediate and direct consequence of  failure or that was not foreseeable at the time of the conclusion of the contract of sale.

In regard to possible damage caused by defective Products, regulations  pursuant to Legislative Decree n. 206/2005 (Consumer Code), shall be applied  as subsequently amended.

The Seller is not also responsible for unlawful use by third parties of its website, https://madinavisconti.com, and the contents of said website.

The Seller is not responsible for unlawful use by users of its website, https://madinavisconti.com and the contents of said website.

The Client will be the solely and directly responsible for the communication of incorrect, incomplete, inaccurate, or untruthful data, related to himself or to third parties who have or have not been given authorization to use such data in its entirety or in part, including correct or incorrect usage data in its entirety or in part.

10. RIGHT OF  WITHDRAWAL AND IMPLEMENTATION PROCEDURE

If the Client is a Consumer (defined as any person using the website https://madinavisconti.com for purposes unrelated to business or professional activity) they have the right to cancel the contract without penalty and without specifying a reason, simply by advising the Seller within 14 (fourteen) days from the day on which the Client or a third party specified by the Client and other than the carrier, obtained physical possession of the Products.

As provided by the current law, the right of withdrawal is excluded, and therefore cannot be exercised, if the products that the Client has purchased or produced have been customised or made entirely custom on the express request of the Client exercised at the time of placing the order.

To exercise the right of withdrawal, the Client must inform the Seller of their decision explicitly by emailing digital@omvisconti.it within the above-mentioned time period of 14 (fourteen ) days.

The Client will receive a confirmation of the withdrawal by e-mail which should be printed and saved, therefore downloaded and stored by the Client.

If the Products covered by the agreement have been delivered, the Client must then return the Products without delay (and in any event within the above-mentioned time period of 14 (fourteen ) days) following the instructions received by e-mail from the Seller.

The cost of return will be paid by the Client.

The Client, in case of partial deterioration of the Products, shall only be liable for any diminished value of the Products resulting from use or handling other than that established by the nature, characteristics and functioning of the Products.

In case of withdrawal, the Client will be refund for all payments made to the Seller

The refund of the Client will be made using the same means of payment as that used by the Client in the initial transaction, unless the Client has agreed otherwise, within 30 days from receiving the package.

The Seller will not proceed with the refund until the Client has proved having returned the Products.

11. CUSTOMER SUPPORT

The Seller guarantees to provide customer service both before the sale and after the sale.

The Client may request assistance at telephone number  +39 02 841 901 34, or by emailing digital@omvisconti.it.

12. PRIVACY

13. TECHNICAL INFORMATION AND CHANGES

The Seller reserves the right to change, adapt, integrate, modify the technical information of the Products on the website https://madinavisconti.com even without any notice.

The Seller reserves the right to change, adapt, integrate, change the size, characteristics, colors, shapes, weight, composition, and the price of Products on the site without prior notice https://madinavisconti.com.

The Seller also reserves the right to offer different payment methods than those referred to in paragraph 3) on its website, at its discretion and in compliance with the law. The Seller also reserves the right to change, adapt, integrate, modify these Terms of Sale in relation to possible regulatory changes. In any case, the new Terms of Sale shall be effective from the date of publication on the website https://madinavisconti.com

14. APPLICABLE LAW

For all matters not expressly provided for, the General Conditions are governed by Italian law and will be interpreted accordingly and, with particular reference to Consumers, under the provisions dictated by the current Legislative Decree n. 206 of 6 September 2005 (Consumer Code), with particular reference to Part III, Title III, Chapter I of the Consumer Code, as amended by Legislative Decree 21/2014, Part IV, Title III, Chapter I of that Consumer Code and Legislative Decree n. 70 of 9 April 2003 (legislation on electronic commerce)

15. JURISDICTION IN THE EVENT OF DISPUTE

If a dispute arises on the application or interpretation, or the performance or breach of purchase contracts entered into through the site https://madinavisconti.com, the jurisdiction shall be the place of residence or domicile of the Client, where the place of residence or domicile of the Client are part of the Italian State and if the Client is an individual acting on the website https://madinavisconti.com for purposes unrelated to business or professional activity.

In any other case, the court of Milan will have exclusive jurisdiction to rule on any dispute arising in relation to contracts of sale entered into through the website https://madinavisconti.com and the conditions of sale, and their application, interpretation or execution, in accordance with art. 28 Code of Civil Procedure.