- Definitions
- Purpose
- Execution of Purchase and Sale Agreements
- Execution forwarding method
- Acceptance of the general conditions of sale
- Acceptance, shipping fees, taxes and duties
- Method of payment
- Shipping and delivery of products
- Withdrawal right
- Product defects
- Errors and/or inconsistencies in the Online Store
- Intellectual property
- Applicable law
- Contacts
1. Definitions
1.1 The terms and expressions listed hereunder shall have the meanings set out below, it being understood that the terms defined in the singular shall be understood as defined in the plural and vice versa.
1.2 Customer: means any person (individual or legal entity) that purchases one or more Products from the Online Store, accepting the General Conditions.
1.3 Company: means Lidia Lucchese Gioielli with registered office in Via Imperiale3 Alcamo - Italy, for the retail sale of the products through the Online Store.
1.4 Parties: means together Lidia Lucchese Gioielli and the Customers.
1.5 General Conditions: mean the present general conditions of sale and any new versions that may be published in the future in the Online Store Lidia Lucchese Gioielli
1.6 Online Store: means the virtual store, managed and accessible at the URLwww.lucchesegioielli.it, through which it is possible to buy the Products.
1.7 Purchase and Sale Agreements: means the purchase and sale agreements for the Products, pursuant to art. 5, between Lidia Lucchese Gioielli and the Customers through the Online Store.
1.8 Orders: means the purchase orders for the Products sent to the Customers, in compliance with the General Conditions and following the procedure pursuant to art.4.
1.9 Order Confirmation: means the e-mail message through which the order acceptance is notified to the Customers.
1.10 Price: means the sale price of the Products as indicated in the Online Store in correspondence to the Products themselves.
1.11 Products: means the products published in the Online Store for sales purposes.
1.12 Profile: means the area of the Online Store in which Customers can, subsequent to logging in: (i) view and modify their personal data and the addresses where the Products subject of the Orders are to be shipped and delivered; (ii) view past Orders; (iii) access every other specific function relevant to their activity within the Online Store.
2. Purpose
2.1 The General Conditions art.3 regulate all Purchase and Sale Agreements and form an integral part of the same.
2.2 Lidia Lucchese Gioielli reserves the right to amend the present General Conditions, at any time, without prejudice that those published at the time of Order by the Customer shall be applicable to the Purchase and Sale Agreements.
2.3 In the event of inconsistency between the General Conditions and any other terms and conditions relevant to the Purchase and Sale Agreements published in the Online Store, the terms and conditions that are more favourable for the Customers shall be applicable.
3. Execution of Purchase and Sale Agreements
3.1 All transactions relating to the purchase of products made through the web Site (hereinafter, ' the purchase contracts ') by users that have access to it (hereinafter ' the customer ') are governed by these Terms and Conditions as well as by the so-called ' Consumer Code ' (Legislative Decree no. 206/2005, Section II, in terms of distance contracts, Art. 50-67) and the regulations regarding electronic commerce (Legislative Decree no. 70/2003) italian law.
With the conclusion of the purchase contract, the customer accepts and agrees to comply with these terms and conditions.
The customer is requested to read carefully the present general conditions before submitting any purchase transaction and, once the order is processed, the customer is adviced to print tham
or in any case to keep them.
3.2 Lidia Lucchese Gioielli may change at any time and without notice, the contents of the general conditions. Purchase contracts are subject to the terms and conditions published on the website at the time of the order by the customer.
3.3 Products are described in detail in the site's home page, within their respective sections broken down by categories.
The visual representation of the products on the website, where available, usually corresponds to the photographic image of the same products and has the sole purpose of presenting them to the sale, without any warranty or commitment on the part of Lidia Lucchese Gioielli, about the exact correspondence of the ' image portrayed by the real object, and this, in particular with regard to the chromatic aspects of the products and / or packaging.
If necessary difference between the image of the product published on the site and the product of the same card, it's always faith the description of the product page.
3.4 Lidia Lucchese Gioielli reserves the right not to indicate the availability of some of the products published in the On-Line Shop.
3.5 The types of products published in the On-Line Shop and their availability may vary at any time without implying any liability in respect of the Customer.
4. Order forwarding method
4.1 The publication of images and product sheets exposed on the site constitutes an invitation to the public to formulate a proposal.
4.2 In order to proceed with placing the Orders, Customers are required to register in the Online Store by inputting all "mandatory" data and by selecting a password in order to forward the Orders and to access, even at a later time, their personal Profile.
4.3 The Customers may purchase the Products by selecting the same in the section of the Online Shop dedicated to the desired Product category and putting them in the "cart". Should the Customers intend to purchase more than one Product, the same procedure indicated above must be repeated by clicking on "continue shopping". Once the Products have been selected, the Customers must, if they have not already, complete the registration or if already registered, must sign in using their e-mail and password in the spaces provided and click on "checkout". Once the correctness of the data relevant to the Product/Products chosen and the "shipping information" have been verified, the Customers must choose the payment method.Once the payment method has been chosen, the Customers can send the Orders by clicking on "send".
5. Acceptance of the general conditions of sale
5.1 By forwarding the Order, the Customers declare to have read all of the instructions relevant to the methods of purchase for the Products pursuant and to have integrally accepted the General Conditions as well as having read all of the further information contained in the Online Store, including through links.
5.2 The correct order-customer's proposal is confirmed by Lidia Lucchese Gioielli using an automatic reply via e-mail sent to the address supplied by the customer.
This automatic email indicates a ' serial number ' to be used in any subsequent communication with Lidia Lucchese Gioielli and will show, in addition to the information required by law, all information communicated by the customer who undertakes to verify their correctness and to report promptly any correction-change.
The possible worsening of expenditure determined by communication errors and data editing not reported in time will be exclusively borne by the customer.
5.3 Lidia Lucchese Gioielli undertakes to forward the Order Confirmation to the Customers within 2 business days from receipt of the Order from the Customer.
5.4 The Purchase and Sale Agreements are understood as executed between the Parties when the Customers receive the Order Confirmation. Should the Customer not receive the Order Confirmation within the time frame indicated in art.5.3, the relevant Order is to understood as refused and hence, not effective.
5.5 The Orders shall be saved in the database of the Online Store, according to the methods and in compliance with the provisions pursuant to Italian Legislative Decree 196 (Data Protection) of 30/06/2003 and shall be accessible by contacting the references pursuant to art, 16 or by accessing the Profile.
6. Price, shipping fees, taxes and duties
6.1 The Price is expressed in € (Euro). The Price applicable is that which is published in the Online Store at the time that the Order is placed by the Customer.
6.2 The Price is understood as being inclusive of VAT (22%), should the Products be shipped and delivered within the European Union by Lidia Lucchese Gioielli In the event that the Products are shipped and delivered by Lidia Lucchese Gioielli outside of the European Union, the Price shall be understood as excluding VAT.
6.3 The Price does not include shipping costs. Lidia Lucchese Gioielli reserves the right to request a contribution from Customers to cover the shipping costs that may vary according to the type of delivery, quantity of Products to be delivered, their volume, weight and destination.
6.4 The contribution requested for shipping costs is indicated, separately from the Price, before completing the Order and shall be paid by the Customer together and at the same time of the payment of the Price.
6.5 Any fees, taxes, duties and other charges provided by the laws of the State where the products are shipped and delivered will be entirely borne by the Customers and those paid at the time of delivery of the Products, directly to the tax authorities or customs authorities or to the courier in charge of delivery. The onus is on the customer to ensure that their package clears customs by providing customs with all the necessary information and/or fees. If your package does not clear customs, it will be returned to our warehouse. See our Return Policy for more information.
7. Method of payment
7.1 Customers can make the payment of the Price and the contribution for shipping costs by PayPal, bank wire transfer or other methods of payment accepted by the Online Store. Lidia Lucchese Gioielli reserves the right to vary, at any time, the methods of payment available to the Customers, without prejudice to the fact that the methods of payment published in the Online Store at the time of the Order shall be accepted. At no time we will be able to accept cash payments, either directly or sent by post.
Please note: This online shop operates from the European Union and all transactions are ultimately made in Euro (unless otherwise displayed). If you are paying using a different currency, the currency conversion will be based on the exchange rate of the day of the purchase. There is no extra cost for currency conversion.
7.2 For payment by PayPal, when the Orders are sent by the Customers, the Web session shall be transferred to the PayPal secure website. On this website, Customers can complete the payment of the Price and the contribution for the cost of shipping pursuant using their PayPal account and in compliance to the PayPal service conditions of use signed previously or at the time of the Order by the Customer. The charging of the Price and the contribution for shipping coststo the Customers' PayPal account occurs simultaneous to the forwarding of the Order Confirmation. If you do not have a PayPal account, you can register for free and securely enter your credit card information (prepaid cards are also accepted). You will then be able to send order payments to with the simple click of your mouse.
You can also use your current bank account to apply funds to your PayPal account, from which you can subsequently make payments.
The use of PayPal as an online payment tool is free.
7.3 The data to make the bank transfer will be displayed when choosing the method of payment. Your order will be valid from the moment of receipt of the bank transfer by Lidia Lucchese Gioielli
To make a Bank Transfer, please follow these steps:
-Select Pay by Bank Transfer;
-Take note of the on-screen instructions or print them for completing the payment. You will be given our IBAN and BIC/SWIFT bank details, the unique transaction code or "payment reference number" for the bank transfer and the Beneficiary Name, which has to be exactly the one displayed;
-Contact your bank and arrange the payment to the bank account given.
IMPORTANT: Ensure to include the "payment reference number" or unique transaction code in the description or reference field of your bank transfer form.
In case of payment by wire transfert this must be submitted to Lidia Lucchese Gioielli within and no later than 7 days under penalty of cancellation of the order.
7.4 Should the Customer request, at the time of the Order, an invoice shall be sent to the same via e-mail or regular mail. For invoice issuing purposes, the information supplied by the Customer shall be deemed valid. It shall not be possible to amend the invoice subsequent to the same being issued by Lidia Lucchese Gioielli
7.5 The information received pursuant to and in compliance with the present article 7, shall be used exclusively to complete the procedures relevant to the sale of the Products and the refund procedures in the event that the withdrawal right is exercised on behalf of the Customer.
8. Shipping and delivery of products
8.1 Whereas, the "shipping" of the Products by Lidia Lucchese Gioielli is understood as the delivery of the same to couriers selected from time to time,is not held to ship the Products until the same has not received the payment of the Price; once the payment of the Price has been received, undertakes to ship the Products:
(i) in the case of available Products:
- within 5 business days from receiving the notification of authorisation for the debit, for credit card payments;
(ii) should available products become unavailable, within 3 business days from the time in which such Product or Products are in stock at the warehouse, without prejudice to the Customers' right to withdraw the Order
(iii) for Products “by request”, within 3 business days from the time that the same are in stock at the Lidia Lucchese Gioielli warehouse;
(iv) should the availability of one or more Products not be specified (in compliance with the faculty and the Products are in stock at the warehouse of Lidia Lucchese Gioielli at the time of the Order made by the Customers:
- within 3 business days from the receipt of the notification of authorisation of the debit pursuant For payment with credit card;
(v) should the availability of one or more Products not be disclosed (in compliance with the faculty) and the Products are not in stock at the warehouse of Lidia Lucchese Gioielli at the time the Order is sent by the Customer, within 3 business days from the time that the Products are in stock at the Lidia Lucchese Gioielli warehouse.
8.2 Lidia Lucchese Gioielli guarantees the shipping of the Products, within the States specified in the Online Store, by express courier selected fro time to time according to the Product ordered and the destination. The Products are shipped by Lidia Lucchese Gioielli and delivered by the courier chosen by Lidia Lucchese Gioielli, to the address specified by the Customer at the time of registration, or other address specified at the time the Order is sent.
8.3 Deliveries are made Monday through Friday 9 am to 5 pm GMT, during normal business hours excluding public holidays. In August will be possible to purchase regularly but NO SHIPMENT WILL BE MADE UNTIL SEPTEMBER. Orders placed after 5 pm on Friday will be processed the following Monday.
Lidia Lucchese Gioielli undertakes to do everything in its power so that the Products shipped are delivered by the chosen courier:
- in Italy within 48 hours from the shipping date;
- outside Italy within 15 days from the shipping date.
8.4 The delivery Conditions pursuant to art. 8.3 cannot, in any case, be considered binding and, Lidia Lucchese Gioielli not being able to directly control the delivery of Products subsequent to the same being shipped, cannot be in any way held liable for the breach of the same.
8.5 In order to allow Customers to track the status of the Orders, generates an Order number that, inserted in the section "My orders" - accessible from all pages of the Online Store - allows the verification of all information relevant to the Orders.
8.6 The Customers can also verify the status of the Orders thanks to the online function “Order Tracking” supplied by the courier chosen for the delivery. Customers can verify the delivery status only after the Products have been shipped and by using the tracking data notified via e-mail or by accessing their profiles.
8.7 Customers, or other parties appointed by the Customers to receive the delivery of the Products listed in the Order Confirmation, are responsible for the verification, at the time of delivery, that:
(i) the Products correspond to that which is listed on the courier way bill, both for type and number;
(ii) the packaging/parcels of the Products are intact, not damaged, wet or in any case altered, including seals.
8.8 Any damage to the packaging/parcels of the Products must be immediately claimed by the Customers when accepting the same by writing subject to verification on the courier delivery slip. It is understood that once the slip is signed without any claim, the Customer cannot raise any objection in relation to the appearance of what was delivered.
8.9 The Products may be delivered by couriers only to the Customers or persons authorised by them, the person to which the Products are delivered must sign in order to certify delivery. Couriers do not deliver to P.O. boxes or by inserting the Products in mailboxes or other similar places.
In case of non-delivery for the absence of the recipient at the address specified, the carrier will try the next day delivery.
In case of impossibility to deliver the next day for the absence of the recipient, the courier will attempt to contact the customer to schedule a new delivery over the next 10 days.
In case of further absence of the recipient within that term, the products covered by the order will be returned to Lidia Lucchese Gioielli that will send a report via e-mail to the customer.
9. Withdrawal right
9.1 Should the Customers be "consumers" (an individual that acts for purposes outside of the entrepreneurial, commercial, artisan or professional activity carried out), the Customers reserve the right, pursuant to and in compliance with art. 64 of Italian Legislative Decree 206/2005, to withdraw from the Purchase and Sale Agreements within 30 days from the date in which the Products subject to the Purchase and Sale Agreements are received. The withdrawal right must be exercised by the Customers by sending a written notification, via e-mail to the address lucchesecommerce@gmail.com containing:
(i) the demonstration of the intent to use the withdrawal right;
(ii) the indication of the Order that produced the Purchase and Sale Agreement from which they intend to withdraw.
For any issues with the product received, please contact us at lucchesecommerce@gmail.com we will be glad to offer you an appropriate solution.
9.2 In the event that the withdrawal pursuant to the present art. 9 is exercised by the Customer:
(i) the Customers undertake to return the Products within 10 business days from the date of notification of the withdrawal pursuant to art. 9.1;
(ii) all costs relevant to the return of the Products are entirely to the charge of the Customers;
(iii) Lidia Lucchese Gioielli undertakes to refund the Price as soon as possible and in any case within 30 days from the date on which the withdrawal notification is received pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging/parcels of the Products and the Products themselves are returned intact;
- any accessories, instruction manuals, etc. are returned and are intact;
- the Products have not been used;
Please note that administrative costs will be covered by the online shop. However, shipping costs to return the items to our warehouse, whether by courier or postal service, are solely payable by the customer. You will be refunded for the value of the returned product/s only.
(iv)Lidia Lucchese Gioielli shall notify the Customers of the Price refund methods and for such purpose, can request the Customers' banking data (IBAN and owner of the current account). We can only refund your order on the same payment method you have used to complete your order.
9.3 The customer is responsible for any matter pertaining to the products until they are received by Lidia Lucchese Gioielli.
9.4 In the event that the Customers exercise the withdrawal right in a manner that is not in compliance with the conditions of the present article 9, the same shall not have the right to a refund of the price.
9.5 Customs duties and sales taxes are not refundable under any circumstances.
10. Product defects
10.1 The images and colors of products published on the site may differ from the real ones as a result of system locale and/or instruments used for their display.
10.2 "Consumer" Customers (as defined in art. 9.1) can request from the seller, within the terms pursuant to art. 132 of Italian Legislative Decree 206/05 (Italian Consumer Code), the solutions pursuant to the mentioned Italian Consumer Code for the lack of conformity of the Products at the time of delivery.
10.3 In case of breakage of one or more articles the customer must contact customer service at emaiL address: lucchesecommerce@gmail.com indicating in the message the reference code of every single product and the date of purchase. Return for repair must be authorized by customer service. Any shipping/taxes are payable by the customer.
10.4 All communications or any customer complaints against Lidia Lucchese Gioielli with reference to the contracts of purchase, must be submitted by e-mail to the address: lucchesecommerce@gmail.com
11. Errors and/or inconsistencies in the Online Store
11.1 Lidia Lucchese Gioielli undertakes to constantly check the Online Store in order to avoid errors or inconsistencies. Nevertheless, it is possible that the Online Store contains, or can contain in the future, errors, inconsistencies or omissions.
11.2 Moreover, Lidia Lucchese Gioielli reserves the right to correct errors, inconsistencies or omissions within the Online Store, including subsequent to the Order being sent and also reserves the right to change or update the information at any time without prior notice to the Customers.
12. Intellectual Property
All of the intellectual property rights relevant to the Online Store (including contents) are the exclusive property of and/or Lidia Lucchese Gioielli; The Online Store and its contents cannot be reproduced, neither in full nor in part, transferred by electronic or conventional methods, amended, connected or used for any purpose without the prior consent of Lidia Lucchese Gioielli.
13. Applicable law
13.1 The General Conditions and the Purchase and Sales Agreements are governed by Italian law (and in particular by Italian Legislative Decree 206 of 06/09/2005 - with articles 50 to 67 governing distance contracts - and by Italian Legislative Decree 70 of 09/04/ 2003 for e-commerce) and must be interpreted with reference to the same.
13.2 For any dispute that may arise in relation to the General Conditions and/or the Purchase and Sale Agreements, the competent court shall exclusively be that of Milan-Italy.
14. Contacts
For further information and assistance relevant to the Online Store or Online Store purchase methods or the Purchase and sale Agreements, Customers can contact our customer service at: lucchesecommerce@gmail.com