The main object of these Terms is to establish the conditions of sale of products online through the Website www.gioiapura.it. Considering the great number of products in the catalogue, their main features and prices (as well as any eventual extra cost) are clearly indicated in the website. The sold products can be purchased and delivered only in the countries indicated in the Order Form. All eventual orders to be shipped to any other countries will be cancelled during the processing of the Order.
Products are sold directly by the company F.B. S.r.l. (Vat Number 03105310134), in the person of its legal representative Mr. FRANCO DAVIDE, with registered office in MILANO (MI) - VIA V. MONTI N. 55, 20123, and administrative and operative office in MOZZATE (CO) - VIA MATTEI N. 11, 22076, PEC Address firstname.lastname@example.org, Numero REA MI - 1874968, Capitale sociale in Euro Versato euro 10.000,00, (also referred to as F.B. S.R.L. or Seller). F.B. S.R.L. owns and offers its retail market and industry market of jewellery, watches, silverware and other related and/or similar products of different brands (also referred as “Products”) to all users that have the chance to purchase online. The Seller owns exclusively and offers a series of Services, among which Delivery Service, through the Website www.gioiapura.it (also referred as Website).
For any request and/or information you have the chance to contact the staff of F.B. S.R.L
The following General Terms and Conditions of Use ("Terms") are made in respect of the Italian Law Codice del Consumo (D. Lgs. n. 206/2005) and according to the e-commerce rules (D. Lgs. n. 70/2003). These Terms are applied exclusively to the online sale of the Products at www.gioiapura.it with the option “CONFIRM AND PAY” and are applied to the Services as indicated in the following Conditions and in the Website. In the event of changes of the General Terms and Conditions of Sale, the Purchase Order, as specified also afterwards in these Terms, will refer to the General Terms and Conditions of Use indicated online by the time the Order was placed the customer.
The following Terms rule the placing and the processing of all Orders of products sold through the Website www.gioiapura.it and do not rule the offer of services or the sale of products by subjects that are not the Seller, which may be shown through links, banners or other hyperlinks. Before placing orders and purchasing products and services at subjects that are not the Seller, we suggest to read carefully their General Terms and Conditions of Sale, as the Seller is not responsible for any providing of services coming from other subjects.
While purchasing the products online, all customers shall submit to the Website, insert their data to the Order Form online and accept the following Terms.
The Website www.gioiapura.it is aimed at people of full age, according to the Law of their countries. People under the required age (for instance 18 in Italy) need to obtain the approval of their parents or legal guardians before purchasing at www.gioiapura.it.
We remind you that this rule is valid not only for our Website, but for all Websites. If you are a minor and you are required information that is not clear to you, please always ask for your parent’s advice. Therefore, all the people that place an Order at www.gioiapura.it should be adults (over 18 years old in Italy) and have the legal faculty to accept binding contracts.
Costumers shall not use fake names or nicknames while submitting and concluding the Order online and also in the relevant communications. The Seller reserves the right to prosecute any violation or abuse in the interest and for the protection of all the consumers.
Moreover, by accepting this Conditions of Sale, you decline the Seller from any liability as regards any provided tax documentation, which can be wrong due to mistakes of the given data. Customers are the only responsible of the correct data fulfilment while purchasing online.
By accepting this Conditions of Sale, you decline the Seller from any liability as regards errors or delays in the Internet access of the Customers during the submission of their data in the Order placement. F.B. S.R.L. is not liable in case of problems, errors in the e-mails notifications or any other issues that can be caused by the lack of access to the Internet.
By accepting this Conditions of Sale, you also decline the Seller from any liability related to any wrong or incomplete information in the e-mail address provided and confirmed during the Order placement.
The Prices quoted online of all Products are offered to the public as expressly agreed in these Terms and Conditions. This offer to the public shall be applied only to the purchases made at www.gioiapura.it. All purchases contracts made online in this Website (also referred as “E-purchase contract” or simply “Contract”) are stipulated with F.B. S.r.l.
This E-purchase Contract is the distance contract agreed by the customers that purchase online the physical Products sold by the Seller F.B. S.r.l.
In order to conclude the Contract, which can be made for one or more Products, you shall complete the Order Form (also referred as Order) and send it electronically to the Seller, according to these aspects.
The Order contains:
Although F.B. S.R.L. always takes measures and makes use of technological innovations to assure that the pictures shown in the Website are compliant and clear representations of the original Products, some variations can be possible and are due to the resolution of colours of the screen of the devices used by Customers. Consequently, the Seller is not liable for an eventual incompliance of the graphic representations of the Products shown online, if due to the previously indicated technical reasons. We remind you that these pictures are purely illustrative.
By placing the Order through the Website, you accept these Conditions of Sale and you accept to always respect them in any relationships with the Seller.
Once placed the order, the Seller shall process it and send per e-mail the “Order Confirmation” to the e-mail address provided by the Customer. The Order Confirmation summarizes the chosen articles and services with their prices (including the shipping cost and all the other costs of any eventual services requested by the Customer), the shipping address, the “Order Number”, the General Terms and the eventual specific Conditions that shall be applied to certain particular orders made by Customers.
F.B. S.R.L. reminds the Customer to verify carefully the accuracy of the data inserted in the Order Confirmation. Please, inform the Seller about eventual corrections within 24 hours from the receipt of the Confirmation. The Order Number, generated automatically and given by F.B. S.R.L., shall be used by the Customer in every communication with the Seller. It may happen that rarely the articles shown are no longer available and, in such cases, F.B. S.R.L. shall promptly inform the Customer.
The Seller has the right, before sending the Order Confirmation, to contact the Customer, per e-mail or phone, in order to request further information regarding the Order placed online.
The seller shall not to proceed with the Order in case it does not appear as genuine or in case it is incomplete, incorrect or if some articles are unavailable. In such cases, you will be informed per e-mail that the Contract is not concluded and that the Seller will not proceed with the Order, indicating the exact reasons. In these cases, the paid amount will be refunded through the payment method used.
In case the article shown online are no longer available after the placement of the Order, the Seller will inform you as soon as possible, in all cases within 30 working days from the day after the Order was made. In such cases, the paid amount will be refunded through the payment method used.
Every purchase made online can be made for one or more articles, without limits of quantity for each product.
Once verified that the Order Form was completed correctly, the Seller shall send you the e-mail with the tracking of the shipment: that is when the Contract is concluded.
The Seller commits itself to deliver the ordered products within 30 days from the conclusion of the Contract.
The language shown and used in the Website is Italian and the Italian Law is the one that shall be applied to this Contract.
F.B. S.R.L. has the right to reject orders made by Customers with whom a legal case is open regarding a previous Order. This is also valid in all cases in which the Seller considers the Customer unsuitable for the Order Confirmation. For instance, in case of previous violation of the Contract Terms or in case of any other reasonable cause, especially in case of fraudulent activities of any kind.
The prices of the articles and the shipping costs indicated in the Website and in the Order include the Vat fees and are expressed in Euro. The correct prices are the ones considered in the exact moment in which the Order is placed online. The prices of Products, the promotions and the shipping fees may vary with time. If you place an order after a long time after the last visit in the Website, please make sure that prices have not changed and check the final selling price before completing the Order.
All articles are shipped from Italy. The prices and the shipping costs indicated online, if not specified differently, do not include eventual extra costs such as custom duties with their fees. These amounts cannot be previously calculated in case of shipments destined outside EU, i.e. those countries in which import charges rules are applied. In case of eventual extra costs, as previously indicated, Customers are informed in the Order placement or while the orders are reviewed.
Therefore, these costs are at Customer’s charge and will be due directly with the delivery of the goods, according to the indications shown in the Order Confirmation.
If the goods are refused by the Customer before the delivery, the Seller shall then proceed with the refund of the amount by detracting the shipment and return shipment fees, as well as the custom charges indicated.
The prices of the articles and the shipping costs indicated in the Website include the Vat fees. The “Delivery Fees” and all the costs related to the Further Services offered by F.B. S.r.l., as indicated in the next steps of these General Terms and Conditions, are at Customer’s charge, as clearly indicated in the Order. Products are sold with the price shown in the Website when the Order is placed, with the exception of eventual promotions or price changes added afterwards on an exceptional basis.
The Order shall be placed online by following the procedure indicated in the Website (also referred as “Order Procedure”), by inserting the desired article/s to the shopping cart. In order to place the Order, Customers have to proceed following the next steps.
In case Customers already have an account in the Website, they just need to log in with their credentials (username and password) in the section “Login”.
In case Customers are not Website users yet, they simply need to fill the required information to log in and complete the purchase. F.B. S.r.l., reminds the Customer that it is required to sign up and/or log in before proceeding with the Order.
The Order is correctly placed, in case the Website does not show any error message. Please, be informed that the system cannot detect mistakes in the data inserted in the invoice and shipping address.
In the section “Orders” you can verify the status of your Orders, that cannot be modified if the order is “in process”, “ready for collection”, “dispatched” or “completed”.
In case the Order has not been shipped yet, it is possible to modify the shipping address only by contacting our customer care at email@example.com. We suggest you also to contact us per telephone. In case of missed delivery, the customer shall contact the Seller as soon as possible.
Please, find below all the possible payment methods that can be used if you place an Order at www.gioiapura.it
Credit Cards and prepaid cards
Customers can pay by Visa, Mastercard, Visa Electron and/or other similar credit and debt cards, though Paypal, Bank transfer. The payment method Cash on Delivery is allowed only in Italy. F.B. S.R.L. uses the best methods in order to assure the security of all transactions. Moreover, the payment procedure are secured by a safe server that operates according to the SSL (Secure Socket Layer).
For all orders placed online we accept both payments with credit cards and payments with prepaid cards, such as Postepay, without requesting extra costs neither on the product nor on the shipment. While placing the order, the Customer shall be the owner of a valid Credit Card and the name inserted in the invoice address shall correspond to the one of the Credit Card owner. This is an essential condition in order to proceed with the Order.
As the Order is placed, together with the Order Confirmation, the bank will only capture the relevant amount of the Order. This amount will be charged immediately as the payment is concluded through the platform online.
F.B. S.R.L. will never find itself in the position to know any information in connection with your credit card, such as full credit card number or expiry date. All required information are forwarded, by cryptographic protocol, directly to the Bank or Payment Institution (such as Paypal). The seller will not store any of the Credit Cards data in any computer database.
For all Paypal account owners, F.B. S.R.L. offers the chance to complete the payment by using directly the e-mail and password used to submit at www.paypal.com.
Cash on Delivery
Only in Italy it is possible to pay “Cash on delivery” directly to the courier. In such cases, we always suggest to have the exact cash amount available just before the delivery. F.B. S.R.L. cannot guarantee that all the couriers have the chance to give change in cash. The couriers shall not request in any way tips or more than the correct amount requested in the total of the Order.
You have the chance to pay the order also by bank transfer. The amount will be charged directly to your bank account and the shipment will start after the payment is received by the Seller.
The payment of the Order shall be made as soon as the Order is placed in the website and in any case within 7 days from the date in which F.B. S.R.L. receives the Order, otherwise it will be automatically cancelled by the Seller.
The receipt of the order, or Invoice in case Vat information are correctly indicated, can be found in the Website in the Section “Orders” in your profile.
Every shipment is included with:
The delivery of the Products purchased in the Website can be made as follows.
The purchased articles will be safely dispatched by the courier indicated by the Seller directly to the shipping address inserted by the Customer in the Order. Please, refer to our FAQ in order to obtain more information about costs, time of delivery, shipment methods and countries served by our couriers.
As soon as you receive the package at home, we kindly ask you to verify immediately the integrity of the parcel. In case of any damages, you shall report these to the courier and refuse the package and you shall always inform the Seller about this matter by contacting the customer care per e-mail at firstname.lastname@example.org.
All shipments to Italy are ensured and made with express courier within 24/72 hours, with signature required at the delivery, and we also ship worldwide with express courier. As soon as the Order is shipped, an e-mail with the tracking number is sent to the Customer. The tracking number shall be used to check the shipment updates and to find out the exact delivery date. All the orders with available articles, placed within 4 pm and with PayPal, Credit Card or Cash on Delivery as payment methods, are shipped by the end of the day. In case the articles are available in one of our physical shops, an extra time of 24 hours is requested in order to proceed with the shipment. For all orders that contain articles to be ordered at our provider, the time of delivery is indicated in the Order Confirmation.
The Customer is a “consumer”, according to the Italian Consumer Code (Art. 52 modified in D.lgs 21/02/2014 n.21). All customers have the Right of Withdrawal for the Contract executed with the Seller, without giving any reason, within 14 days from the day on which the Customer, or a third party other than the carrier and indicated by the Customer, acquires physical possession of the products. In case the delivery of the purchased products is carried out through more than one shipment, the above term of 14 days starts from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last good.
In any case, due to policy reasons in order to better satisfy the requests of the customers, F.B. S.R.L. extends the right of withdrawal at 30 days from the day on which the Customer acquires physical possession of the last good.
We remind you, also according to the Consumer Code, that the Right of Withdrawal is excluded in case the products have been customized, also with simple engraving, or in case the articles have been especially produced for a specific Customer, for a special request made as the Order is placed.
Customers have the chance to make use of their Right of Withdrawal for all or part of the purchased articles, according to their needs.
Customers that want to make use of the Right of Withdrawal shall inform the Seller by completing the Return Request and shall send it to our customer care by contacting us per e-mail.
The right of withdrawl undergoes these conditions:
In case the Consumer exercises the Right of Withdrawal, the ware shall be returned within 30 days from the date in which F.B. S.R.L. was informed about the will to withdraw from the Contract, under the Terms of the Article 57 of the Italian Law D.lgs 206/2005.
The return request shall be made online through the Seller, within 30 days from the receipt of the ware.
In your Section “Orders”, after you have logged-in in the Website, you shall select the articles that need to be returned. It is possible to request a refund or a Store Credit in exchange. In case you wish to obtain the amount paid back, you shall select “Refund”, while you shall select “Store Credit” in case you wish to purchase a new article. The store credit can be used online also immediately and the order made would be shipped by the Seller only after the articles of the return request are sent back and received.
The articles to be sent back shall be inserted in a well packaged box or in a sealed envelope. The prepaid UPS Label, in case you return from countries that are not Italy, shall be put outside the package and
The ware shall be returned in its original box or packaging, together with all their eventual documentation, labels, manual instructions and cables in case. If all the previously indicated aspects are respected, the Seller will refund the amount related to the returned articles within 30 days from the receipt of the ware.
As indicated by the applicable law, F.B. S.R.L. shall refund the amount due only after all the goods are correctly received and not until their return in proper conditions is clearly proved.
According to the article 59 of the Consumer Code, the Right of Withdrawal, as regards distance contracts, such as a contract made with an order placed through an online platform, the right of withdrawal shall not be applied to goods made to the consumer's specifications or which are clearly personalised or tailor-made.
In case the terms of the Right of Withdrawal are well respected, the Seller shall refund the paid amount within 30 days from the decision of the Consumer to exercise the Right of Withdrawal, as long as the returned products have already been sent back and checked by the staff of F.B. S.R.L.
The Seller shall refund the paid amount through the same payment method used by the Customer, unless it is not clearly requested and approved by the Seller that another different payment method could be used instead. For Orders paid through PayPal, the refund will be made to the credit card or to the account used for the initial transaction, while for credit cards payments the refund can be made only to the Credit Card used (it is not possible to choose another credit card for the refund). In case the payment was made by bank transfer, the refund will be made by bank transfer. In this case, please contact the customer care in order to provide the correct bank details, i.e. IBAN, BIC/SWIFT CODE and Bank Account Owner. In case of payments by cash on delivery, for orders placed in Italy, the refund is always made by bank transfer. The returns are usually processed by the customer care in approximately one working week time. The expected time to obtain the refund depends on the banks and the payment method used, but this normally takes a few working days.
In case a Return request is made, the shipping costs would be at customer’s charge. If you choose a more expensive shipping method, all the extra cost shall not be refunded. All the other expenses will be refunded as indicated, in case of of Right of Withdrawal.
The only cases in which customers shall obtain the full refund of the return shipping fees occur when the received articles were damaged, not compliant or with declared defects. In such cases the Seller will offer the chance to return the ware for free, but the Return shall be requested within 30 days from the receipt of the package. We suggest to sen back the products in their relative packaging, if still available. In any case, please pack the ware in a well protected parcel.
In order to obtain an exchange of the products, it is simply required to complete the return request and select “Store Credit” as type of return.
The Store Credit is a credit and it is automatically generated after this type of return is successfully completed. This credit will appear in the Website and will also be sent per e-mail as a reminder. The store credit value equals the amount paid for the article and it can be immediately used to place an order directly in the Website. The new order will be shipped only after the receipt in the warehouse of the articles that have to return back. The return fees will be deducted from the total amount of the store credit. In case the articles of the second Order have to be pre-ordered, the time of delivery would be the ones indicated as soon as the Order was confirmed.
All products sold by F.B. S.R.L. are covered by legal warranty of conformity, as stated by the Italian Law articles 128-135 of the Consumer Code (Legal Warranty).
More specifically, this warranty differs in case the buyer is a “consumer” or a “reseller”, in accordance with the Directive 1999/44/CE regarding “specific aspects of sale contracts and warranty of physical goods”.
If the buyer is a “consumer”, the Legal Warranty is applied according to the law. The Legal Warranty, handled by F.B. S.R.L. as Seller, guarantees the goods from any defects covered by the warranty itself according to the sale contract.
The Legal Warranty refers to the customers, therefore it can be applied only to those who purchased online without commercial purposes. Whoever purchases in the Website and does not declare himself/herself as customer, the warranty.
The Seller is responsible for the consumer in case of any defected, not-compliant articles for all the products purchased in the Website www.gioiapura.it within two years from the delivery of the package. The issue of the product shall be declared to the Seller within two months from the date in which it is discovered, otherwise the warranty terms would expire.
Therefore, the warranty can be applied only if these terms are well respected:
Unless differently proved, it is clear that the lack of conformity that show up within six months from the delivery date already existed. Starting from the seventh month after the delivery date, it is up to the consumer to verify and prove that the lack of conformity already existed as soon as the product was received.
In order to make use of the Legal Warranty, you shall firstly provide a prove of the purchase date of the articles. For this reason, we suggest to keep the warranty form or any other document (such as the proof of payment) that shows the purchase date.
The lack of conformity occurs when:
Therefore, the Legal Warranty does not include any other damages or defects caused by accidents or by a wrong use or abuse of the products, always according to the eventual manual instructions or documentation provided with the article. As regards watches, accessories such as straps or watch cases are not covered by warranty terms.
Moreover, the Seller reminds that, despite the constant adoption of measures taken to assure that the photographs shown on the Website are loyal reproductions of the Products sold, therein included, the adoption of every possible solution to reduce image imprecision to a minimum, some variations are always possible; these variations are caused by technical features and colour resolution produced by the computer used by the Customer. Consequently, the Seller shall not be liable for any eventual inadequacy of the graphic representations shown in the Website, if due to technical reasons, as these are purely illustrative.
In case of lack of conformity, according to the previously indicated terms, you shall have the following rights:
According to the previously indicated terms, it is to be considered too expensive either of these if the seller imposes unreasonable costs in comparison with the other, taking into account the following elements: (i) the value the goods would have had if there had been a lack of conformity, (ii ) the extent of the lack of conformity, (iii) whether the alternative solution could be completed without significant inconvenience for the consumer.
REFUND OR REDUCTIONS ACCORDING TO THE TERMS OF THE LEGAL WARRANTY
In case of expiration of the Contract, F.B. S.R.L. commits itself to refunding the total amount paid. In case the price is reduced, the Seller shall refund the amount percentage agreed between Seller and Consumer.
The amount shall be declared per e-mail and the Seller shall inform the payment method used and the total amount refunded.
To sum up, in case of lack of conformity, the Customer (Consumer) is entitled to obtain the correct article without extra costs. The ware shall be either repaired or replaced, if possible, or a partial price reduction or a total refund shall be made, if agreed by both parts.
The replacement or the refund of a product with clear defects can be made within 7 days from the receipt of the ware. Beyond this period of time, if the damages occurred are covered by the warranty terms (that vary according to the different brands), the products shall be repaired under the warranty terms. The time required in order to repair the articles is approximately 45-60 working days, according to the different brand service centres.
For any further requests, please do not hesitate to contact the staff of F.B. S.R.L. by sending an e-mail to email@example.com or contact us through our social networks channels.
Or you can send written communications to this address: Via Mattei n. 11 - 22076 - Mozzate (CO).
The Customer acknowledges and agrees that all the communications, notifications, documentations related to the purchase of the Products are sent to the e-mail address provided with the submission to the Website. All the necessary information required can be found and downloaded in the Website online.
These General Terms and Conditions are ruled by the Italian Law and shall be considered according to it. Consequently, the interpretation and the fulfilment of these Terms are regulated according to the Italian Law. All eventual disputes shall be resolved exclusively under the jurisdiction of the Italian Law. Particularly, in case the Customer acts in quality of Consumer, all eventual disputes shall be dealt and resolved in the nearest court. In case the Customer does not act in quality of Consumer, the parts will resolve the dispute under the jurisdiction of the Court of Como.
The F.B. Srl is a member of the Netcomm Consortium and adheres to the Joint Conciliation signed between Netcomm and the Consumer Associations that have signed it. The Procedure, according to art. 141 ter et seq. Of the Consumer Code, can be initiated if the consumer, after submitting a complaint to the company, within 30 days, has not received a response or has received a response that is not deemed satisfactory by him. The customer who decides to make use of the Joint Conciliation procedure is obliged to submit the application using the form available at the following address: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/
Online Platform for alternative resolutions of disputes (ODR)
F.B. S.R.L. is always open to find the best friendly solution to solve disputes, also through the indicated direct contacts. In any case, all Customers shall be informed that, according to the 14th article of the EU Regulation (UE n. 524/2013) related to ODR resolutions the European Commission has created since February 15th 2016 an online platform dedicated to the resolution of disputes - ODR (“online dispute resolution”). This platform, that can be used for online purchases of physical goods, can be accessed at the following link:
Through the ODR platform, Consumers can refer to the list of ODR agencies, with their relevant links and start online a procedure to resolve disputes. More information about this platform can be found at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
All the content in the Website (photos, product details, descriptions, layouts), which can be registered or not with their related Intellectual Property rights, is the sole property of F.B. S.R.L. and shall not be used for other purposes. All the pictures, models, brands, visual or audiovisual content in the Website are subject to copyright, brand copyright and any other Intellectual Property rights that shall be applied. These are the sole property of F.B. S.R.L. and its partners.
All the reproductions, covers, representations that can be valued as an infringement to the copyright rules will bring to civil or penal consequences.
In any case, every link or content published without the Seller’s permission shall be removed immediately, if requested by società F.B. S.R.L., in order to avoid civil or penal consequences.
In case these general Terms and Conditions are modified, the Seller shall put the edited version in the Website immediately.
The edited version of the General Terms shall then govern all the Contracts made afterwards. In case an Order is confirmed before the modification of the Terms, the correct version to be applied to its Contract is the previous version of the General Terms.
In case a present or future feature of the Genral Terms and/or the Contract shall turn as completely or partially ineffective, or in case of missing information in the terms of the Contract,the rest of the features of the General Terms will be applied correctly. F.B. S.R.L. commits itself to the creation of an increasingly clearer and more complete General Terms, so that all the eventual missing information could be added correctly with time, in order to preserve the content of the Contract.