GENERAL TERMS AND CONDITIONS OF SALE

 

The offer and sale of products made on website www.gioiapura.com are governed by these General Terms and Conditions of Sale. For any other legal information, please consult the sections: General Terms and Conditions of Sale, Privacy Policy and Right of Withdrawal. . The Customer is obliged, before forwarding his or her Purchase Order, to read these General Terms and Conditions of Sale carefully. Placing of the Purchase Order implies full knowledge and express acceptance of both the aforementioned General Terms and Conditions of Sale and of what is indicated in the Order Form. The Customer is obliged, once the online purchase procedure has been completed, to print and keep these General Terms and Conditions of Sale and the relevant Order Form, already read and accepted.

SUBJECT MATTER

The subject matter of these General Terms and Conditions of Sale is the sale of products made online via an e-commerce service on the website www.gioiapura.com. In view of the large number of products made available, their main characteristics and prices (including any additional costs) are clearly indicated directly on the Site. Products sold on the Site can only be purchased and delivered in the countries indicated in the Order Form.Any orders for shipments to be made outside these countries will be automatically rejected during the Order processing procedure.

THE PARTIES

 The products are sold directly by the company F.B. S.r.l. (VAT No. 03105310134), in the person of its legal representative Mr. FRANCO DAVIDE, with registered office in Milan 20123, via V. Monti, 55, Economic and Administrative Index and Chamber of Commerce of Milan, Monza Brianza, Lodi number MI1874968 and administrative and operational office in Locate Varesino (CO), Via Sacro Monte n. 1 (22070), share capital in euro 10,000.00 (fully paid out) (F.B.), PEC certified email address: [email protected], (hereinafter F.B. S.R.L. or Seller) whose purpose is the retail and wholesale trade of jewellery, costume jewellery, watches, silverware and other products connected and/or similar to the former, and which makes available to all users the possibility of purchasing different branded products (hereinafter "Products") through the Internet and also a series of Services, among which the Delivery Services, through the Site www.gioiapura.it (hereinafter "Site"), of which F.B. S.R.L. is the sole and exclusive owner.

For any request and/or information you may contact the F.B. S.R.L.

  • team by e-mail at the following address: [email protected]
  • by mail at the following address: CAP 22070, LOCATE VARESINO (CO) - VIA SACRO MONTE N. 1

GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE SITE WWW.GIOIAPURA.IT

These General Terms and Conditions of Sale ("General Terms and Conditions of Sale") are governed by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments and additions) and by the rules on e-commerce (Legislative Decree no. 70/2003 and subsequent amendments and additions) and apply exclusively to the online remote selling of the Products displayed on the Website www.gioiapura.it, where the "Buy online" button is present, and of the Services as indicated in these General Terms and Conditions of Sale as well as in the other sections of the Website. In the event of changes to the General Terms and Conditions of Sale, the General Terms and Conditions of Sale published on the Site at the time the Order is sent by the Customer (hereinafter the "Customer") shall apply to the Purchase Order, as specified in articles 3 and 4 below of these General Terms and Conditions of Sale (hereinafter the "Purchase Order").

These General Terms and Conditions of Sale regulate the offer, forwarding and acceptance of purchase orders of products on www.gioiapura.it and do not regulate, on the other hand, the provision of services or the sale of products by parties other than the Seller that may be present on www.gioiapura.it through links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we recommend that you check their terms and conditions of sale, as the Seller is not responsible for the provision of services by parties other than the Seller.

Products are sold to the Customer identified by the data entered when filling in and sending the Order Form in electronic format with simultaneous acceptance of these General Terms and Conditions of Sale.

The product offers on the www.gioiapura.it website are intended for customers over 18 years of age. If you are under 18 years of age, you must first have the consent of one of your parents or legal guardian in order to purchase on the www.gioiapura.it website.

Remember: this applies at all times, not only to our Site, but to all sites you visit on the Internet: when surfing the Internet you see or are asked for information that you do not understand or that is not clear to you, always ask your parents for help. By placing an Order through this Website, you warrant to us that you are of legal age (18 years) and possess the legal capacity to enter into binding agreements.

The Customer is prohibited from using false, and/or invented, and/or fictitious names in the online Order process and in further communications. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

Moreover, by accepting these Terms and Conditions of Sale, you release the Seller from any liability deriving from the issuance of erroneous tax documents due to errors relating to the data provided by you when placing the online Order, since you as the customer are solely responsible for their correct entry.

Moreover, by accepting these Terms and Conditions of Sale, you release the Seller from any liability arising from errors or delays in accessing the Website by the customer when entering their data in the purchase process. As well as from the slowness or impossibility of receiving the customer's Order confirmation or from any anomaly that may occur due to problems with the Internet network, or due to any other unforeseeable event independent of F.B. S.R.L.

Furthermore, by accepting these Terms and Conditions of Sale, you exonerate the Seller from any liability arising from the non-operation or problems with the e-mail address provided by the customer for sending the Order confirmation.

OFFER TO THE PUBLIC AND CONTRACT OF SALE THROUGH ELECTRONIC COMMERCE SERVICE

The Products and Services with the relevant Prices as present on the Site constitute an offer to the public in accordance with the terms specified in the General Terms and Conditions of Sale and on the Site itself. The Conditions of this offer apply exclusively to purchases made on the Website www.gioiapura.it. The sale and purchase agreements entered into on the Website and concerning Products and Services (hereinafter the "Sale and Purchase Agreement" or simply the "Agreement") are concluded with F.B. S.r.l.

Online Sale and Purchase Agreement means the remote agreement concerning the sale and purchase of movable goods (hereinafter Products) concluded between you, as Customer, and F.B. S.R.L., as Seller, within the framework of an electronic commerce service organised by the Seller which, for this purpose, employs the remote communication technology known as the Internet.

In order to conclude the Agreement for one or more Products, you will have to fill in the Order form in electronic format (hereinafter also Order) and transmit it to the Seller through the Internet following the relevant instructions.

TheOrder shall contain:

  • a reference to these General Terms and Conditions of Sale;
  • information and images of each Product and its price;
  • the method of delivery of the Products purchased, the shipping and delivery times and costs;
  • a reference to the conditions for exercising your right of withdrawal;
  • the terms and conditions for returning purchased products.

Notwithstanding the fact that F.B. S.R.L. constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to reduce inaccuracies to a minimum, some variations are always possible due to the technical characteristics and colour resolution features of the computer you are using. Consequently, the Seller shall not be liable for any inadequacy of the graphic representations of products shown on the Site when due to the aforementioned technical reasons, since these representations have merely an illustrative function.

EXECUTION OF THE ORDER AND CONCLUSION OF THE AGREEMENT

By submitting your Order via the Website, you unconditionally accept and undertake to observe, in your relations with the Seller, these General Terms and Conditions of Sale.

By sending the Order, the Seller will take charge of it for its execution and will send you, by e-mail, an Order Confirmation (hereinafter "Order Confirmation") to the e-mail address communicated by the Customer. This Order Confirmation will summarise the Products and Services selected, the relevant Prices (including Delivery Charges and additional charges for any additional Services requested by the Customer), the delivery address, the Order number (hereinafter the "Order Number"), the General Terms and Conditions of Sale set out therein, and any Special Terms and Conditions applicable to the individual Order and determined in response to specific Customer requests.

F.B. S.R.L. reminds the Customer to verify with the utmost care and attention the correctness of the data contained in the Order Confirmation and to communicate to F.B. S.R.L. within 24 (twenty-four) hours of receipt of the same any corrections. The Order Number, generated by the system and communicated by F.B. S.R.L. shall be used by the Customer in any communication with F.B.. S.R.L. It is possible that there may be occasional non-availability of the Products offered, in which case, if the Products chosen by the Customer are not, in whole or in part, available, F.B. S.R.L. will notify the Customer.

This is without prejudice to the Seller's right, before sending the Order Confirmation, to request further information from you by e-mail or by telephone indicated by you, with reference to the Order sent by you through the Internet.

The Seller may decide not to process your purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or if the products are not available. In these cases, we shall inform you by e-mail that the Agreement has not been concluded and that the Seller has not carried out your Order specifying the reasons thereof. In this case, the sum previously committed on the Customer's means of payment will be released.

If the products, presented on the Website, are no longer available or on sale after you have sent your Order, the Seller will inform you, promptly and in any case within thirty (30) working days from the day after you have sent your Order to the Seller, of the unavailability of the Products you ordered. In this case, the sum previously committed on the Customer's means of payment will be released.

Each sale made by the Seller through the online sales service may concern one or more products, with no quantity limit for each item.

Before concluding the Agreement, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Right of Withdrawal and Privacy Policy.

The Agreement is concluded when the Seller, after having received your Order Form and verified the correctness of the data, has sent to the e-mail address you have indicated through the Website a confirmation of the shipment of the product.

The Seller undertakes to deliver the ordered products to the Customer no later than 30 days from the date of conclusion of the Agreement.

The language available to conclude the Agreement with the Seller is Italian and the applicable law is Italian law.

F.B. S.R.L. reserves the right to refuse orders from a customer with whom a legal dispute relating to a previous Order is pending. This applies equally to all cases in which F.B. S.R.L. considers the customer to be unsuitable, including, by way of example, the case of previous breaches of contractual conditions for online purchases on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.

SALE PRICES

Unless otherwise stated in writing, all prices of the Products and shipping and delivery costs indicated on the Website and in the Order are inclusive of VAT and expressed in Euros. The validity of the prices indicated is always and only that indicated on the Website at the time the Order is transmitted through the Internet. The prices of the Products, the offers and the costs of shipping and delivery may vary over time. If you place your order some time after your last visit to the Website, please make sure that the prices have not changed and then check the final sale price before placing your Order.

All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the Website and in the Order, unless otherwise specified, are not inclusive of any costs related to customs duties and relevant taxes, which cannot be calculated in advance, in the event that the shipment takes place in non-EU countries or in countries where the regulations in force provide for import charges. In this case, the existence of any additional costs indicated above will be clearly mentioned when placing and reviewing the Order.

These costs are therefore borne by the Customer and shall be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.

In case of failure to collect the product, the Seller shall refund the cost of the Product but not the shipping costs, exit and entry costs related to customs duties and related taxes and the shipping costs for the shipment of the Product to the Seller.

All Product Prices shown on the Site are inclusive of VAT. Delivery charges (hereinafter "Delivery Charges") and charges related to Additional Services made available by F.B. S.r.l., as indicated in the following articles of these General Terms and Conditions of Sale, are borne by the Customer and adequately detailed in the Purchase Order. The Price shown on the Site at the time the Order is sent shall apply to the Products and Services, except for any offers or price variations that may occur subsequently and which are indicated on the Site.

ORDER

The purchase order must be placed online through the order procedure on the Website (hereinafter "Order Procedure"), by clicking on the desired product which will be placed in the Shopping Cart. In order to proceed with the compilation of the Purchase Order, the Customer may, alternatively, proceed as follows:

In the event that the Customer is already registered on the Site through the appropriate Section, it will be sufficient to enter his or her access credentials (username and password) by entering them in the "Login" Section.

In the event that the Customer is not a user of the Site, it will be sufficient to enter the required data in the appropriate form, necessary to be able to make the Purchase. F.B. S.R.L. reminds that the Customer, before proceeding with the Purchase, may at any time become a user of the Site by carrying out the relevant online registration through the "Register" page (to become a User of the Site).

The Customer correctly concludes the Order Procedure if the Site does not show any error message (the system cannot detect errors with reference to the data entered by the Customer in the field dedicated to billing and shipping addresses).

In the "Your Orders" section you can check the status of your Order, which can no longer be modified if it is in the status "in progress", "ready", "shipped" and "closed".

If the Order has not yet been shipped, you can only change the shipping address by contacting customer service by e-mail at [email protected]. It is recommended to anticipate by a phone call the request by e-mail to change the shipping address. Should the delivery fail, the customer must immediately contact F.B. S.R.L.

METHODS OF PAYMENT

For payment of the price of the Products and related shipping and delivery costs, you can follow one of the methods indicated in the Order Form on the www.gioiapura.it website and which are summarised below.

 

Credit cards and prepaid cards

The customer may pay by Visa, Mastercard, Visa Electron credit or debit card and/or other similar cards through the online credit card payment system, PayPal, by bank transfer or by cash on delivery (payment in cash to the courier). F.B. S.R.L. uses the highest security measures commercially available in the sector. Furthermore, the payment procedure takes place on a secure server using the SSL (Secure Socket Layer) protocol.

For online orders on our Site we accept both credit card and prepaid card payments (e.g. PostePay) without any additional charge on the cost of the product and shipping. It is understood that the Customer must be the holder of a valid credit card at the time of ordering the Products purchased online and that the name on the credit card must be the same as that indicated on the invoice data. If these conditions are not met, it will not be possible to proceed with the Order.

At the time of the online purchase, at the same time as the Order Confirmation, the bank involved will only commit the amount related to the Order from the current availability of your credit card. The amount will be immediately debited when the payment is sent through the on-line platform.

At no time during the purchase process is F.B. S.R.L. able to know the information related to your credit card (for example, the number of your credit card or the date of its expiry), transmitted through a connection protected by encrypted protocol directly to the Website of the party handling the electronic payment (banking institution or Paypal). No computer file of the Seller will retain such data.

 

Paypal

If you have a Paypal account, F.B. S.R.L. gives you the possibility of making payments directly using the email and password with which you registered on www.paypal.com.

 

Cash on delivery

"You can pay your Order in cash directly to the courier who will deliver the products to you. In case of cash on delivery payment, it is always advisable to prepare the exact cash to be paid without needing change. F.B. S.R.L. cannot guarantee that all shipping agents will have change available for cash payment. Couriers shall in no way ask for tips or amounts in excess of the Order total."

 

Bank transfer

You can pay your Order quickly and securely using your home banking through the payment platform. The amount will be debited directly from your current account and the shipment will take place once it has been credited to your account.

Payment of the Order shall be made at the time of its transmission to F.B. S.R.L. with the possibility of being automatically cancelled by the seller if the credit is not made within and not later than 7 (seven) days.

You will find the payment receipt, or invoice if subject to VAT, on the Site in the "Your orders" section.

SHIPMENTS AND DELIVERY METHODS

Each shipment contains:

  • the product(s) ordered;
  • any accompanying documentation required according to the country of shipment;
  • any information and marketing material;
  • any gadgets.

The delivery of the Products purchased through the Seller's website can take place in different ways.

Delivery to the Customer's home

The purchased Products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping. Consult the 24-hour Shipping section for additional information on costs, delivery times, shipping methods and countries served.

Upon receipt of the goods at your domicile, we ask you to check the integrity of the packages when they are delivered by the courier. In the event of anomalies, you must have the courier detect and note them exactly and reject the delivery subject to mandatory communication to F.B. S.R.L. also by contacting customer service by e-mail at [email protected].

 

Delivery to the Customer's home

The purchased Products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping. Consult the 24-hour Shipping section for additional information on costs, delivery times, shipping methods and countries served.

In Italy we ship by express courier in 24/72. Abroad we ship by express courier and times vary depending on the country. When the Order is shipped, you receive an e-mail with the tracking code of the shipment, with a link to the courier's website and the status of the shipment. This number, the tracking code, is used to monitor the progress of the shipment and the expected delivery date. Orders with items in stock, with payment by credit card, PayPal or cash on delivery made before 4 p.m. are shipped within the same evening or within 24 hours if the item is in one of our shops. For all orders that include booked items, the date is indicated at the time of order confirmation.

RIGHT OF WITHDRAWAL

If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, he or she shall be entitled to the rights set forth in Article 52 et seq. of the Consumer Code, as amended by Legislative Decree of 21 February 2014 No. 21, and therefore the right to withdraw from the Purchase Agreement (hereinafter the "Right of Withdrawal") for any reason whatsoever, without explanation and without penalty, by notifying the Seller within the term of fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods.

F.B. S.R.L., however, by commercial choice and in order to best meet the customer's needs, grants a period to exercise withdrawal of thirty (30) days, starting from the day on which the Customer or a third party, designated by the Customer and different from the Carrier, acquires physical possession of the goods.

We remind you that, as provided for by the regulations in force, the right of Withdrawal is excluded and cannot therefore be exercised in the event that the products you have purchased have been customised, even with simple engravings, or has been made to measure for you, at your express request at the time of placing the Order.

Withdrawal may relate to all (Total Withdrawal) or only part (Partial Withdrawal) of the Products of F.B. S.R.L. purchased by the Consumer.

The customer who intends to exercise the right of Withdrawal shall notify F.B.. S.R.L. by means of an explicit declaration by filling in the Withdrawal Form and sending it to the Contacts indicated or by accessing the Site www.gioiapura.it in the section "DO YOU NEED INFO?" in the space "EXCHANGE AND EASY RETURNS" and by following the instructions contained therein in the section "HOW TO MAKE THE RETURN (FOR ITALY ONLY)".

By accessing the "DO YOU NEED INFO?" section in the "EXCHANGE AND EASY RETURNS" space and by following the instructions contained therein in the "HOW TO MAKE THE RETURN (FOR ITALY ONLY)" section within 30 (thirty) days from the day you receive the Product, you may notify us of your wish to withdraw from the Agreement, indicating which Products will be returned.

 

The right of withdrawal is subject to the following conditions:

  • the returned Products must be returned in their entirety and not parts or components of them even in the case of kits;
  • Returned Products must not have been used, worn, washed or damaged;
  • the returned Products must be returned in their original packaging (meaning, by this, the packaging of the individual Product);
  • Returned Products must be sent to the Seller in a single shipment;
  • In the event that the returned product(s) have contributed to a minimum order quantity in order to obtain a free gift, the return of the product shall be deemed to include and oblige the return of the said free gift as well.

 

Withdrawal Form

In case of exercising the right of withdrawal, the customer must return the goods within 30 days from the day on which he or she informed F.B. S.R.L. of the intention to withdraw from the Agreement pursuant to art. 57 of Legislative Decree 206/2005.

The return may be requested through the F.B. S.R.L. website within 30 days from receipt of the items.

After logging in through the Website and entering your access credentials, access the Website www.gioiapura.it in the "DO YOU NEED INFO?" section at the "EXCHANGE AND EASY RETURNS" section and following the instructions therein in the "HOW TO MAKE A RETURN (FOR ITALY ONLY)" section select the Order concerned and request the return. After requesting the return, select the product(s) you wish to return. It is possible to ask for a refund or an exchange: ask for a refund if you want a refund of the amount spent on the item(s) you want to return; ask for Store Credit if you want an exchange of an item. Store Credit can also be used immediately by placing an Order on the Site. The new Order will be sent by F.B. S.R.L. only after receiving the items to be returned.

It is important that you contact customer service by e-mail at [email protected] to let us know the day you would like the courier to pick up the parcel and the time slot, morning or afternoon.

You will have to place the items to be returned inside a well-sealed and protected box or envelope. The courier will already have the label with our shipping address and the reference of the customer who placed the Order, so it is not necessary to write anything on the package.

The goods must be returned intact, in their original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, F.B. S.R.L. will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.

As provided for by the regulations in force, to which we refer, F.B. S.R.L. may suspend the reimbursement until receipt of the goods or, at its sole discretion, until the customer demonstrates that it has returned the goods to F.B. S.R.L.

According to Article 59 of the Consumer Code (concerning "Exceptions to the right of withdrawal") for remote and off-premises agreements, the right of withdrawal is excluded in case of "supply of goods made to measure or clearly customised".

 

Modalities of refund

If you exercise the right of withdrawal in accordance with the preceding conditions, the Seller is required to refund the sums paid by the customer no later than 30 days following your decision to exercise the right of withdrawal but provided that within the same period the product has been returned and verified by the operators of F.B. S.R.L.sia stato restituito e verificato dagli operatori di F.B. S.R.L..

The Seller will use the same means of payment as you used for the initial transaction, unless you explicitly request the Seller to use a different means and the Seller agrees. If the Order was paid for by Paypal, the refund will be made to the card or account used for the payment and if the Order was paid for by Credit Card, the refund will be made to the card used for the payment (you cannot use another card for the refund). If the Order was paid for by Bank Transfer, the refund will be made by Bank Transfer: Please contact customer service by e-mail at [email protected] to tell us the IBAN on which to make the transfer. If the Order was paid for by COD (cash payment to the courier), the refund will be made by Bank Transfer: contact customer service by e-mail at [email protected] to tell us the IBAN on which to make the transfer. Returns are processed by customer service in approximately one working week. The timeframe for reimbursement to the card or current accounts depends directly on the banks, which generally take about 2/3 working days for crediting.

In the event of a simple withdrawal, the only costs to be borne by you will remain the initial costs of shipping the Order of products purchased. If you have chosen a different and more expensive type of delivery than the standard one offered, the additional costs will not be refunded. All other costs will be reimbursed to you by the Seller, including the costs of delivery of the returned goods following the exercise of your right of withdrawal (with the exception of the additional costs resulting from your choice to use a different and more expensive type of delivery than the standard type of delivery offered by the Seller).

The only case in which the customer shall be entitled to a refund of the price, shipping costs and return costs is for the return of defective products or products delivered that do not correspond to the Order placed by the customer or in the event of damage to the same due to transport or shipping errors on the part of the Seller itself. In case of return of the products listed above, F.B. S.R.L. shall bear the transport costs for the return of the products. The return may be requested within 30 days of receipt of the items. If possible, enclose the item(s) to be returned in the same box used for our shipment; if this is not possible, we recommend for safety reasons that the return be well packed and protected. The courier will already arrive with the pre-printed label with our shipping information and customer reference.

 

Exchange of products, Store Credit

Exchange of products, Store Credit

LEGAL GUARANTEE OF CONFORMITY

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128-135 of the Consumer Code (Legal Guarantee).

More precisely, the kind of warranty on products sold by F.B. S.R.L. differs depending on whether the purchaser is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of sales agreements and guarantees relating to consumer goods".

If you buy as a “consumer”, you benefit from the legal guarantee of conformity to which the seller is bound by law on every item sold (“Legal Guarantee”).

The Legal Warranty - to which F.B. S.R.L. as seller - guarantees the goods against conformity defects with the sales agreement.

TO WHOM IT APPLIES

The Legal Warranty, therefore, is reserved for consumers. It therefore only applies to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. To those who have purchased on the Site and who are not consumers, the warranty for defects in the thing sold, the warranty for defects in promised and essential qualities, and the other warranties provided for by the Civil Code with the relevant terms, forfeitures and limitations shall apply.

WHEN IT APPLIES

The seller (and, therefore, in respect of purchases made on the www.gioiapura.it website) is liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within two years of such delivery. The conformity defect must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

The warranty is valid, therefore, provided that the following conditions are met:

  • the defect manifests itself within 24 months from the date of delivery of the products;
  • the Customer lodges a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was recognised by the Customer, unless this is contrary to prevailing mandatory rules of the Customer's country of habitual residence;

Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the product shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the defect of conformity. From the seventh month following delivery of the product, on the other hand, it will be the consumer's burden to prove that the conformity defect already existed at the time of delivery of the product.

In order to benefit from the Legal Warranty, you must therefore first provide proof of the date of purchase and delivery of the good. You should therefore, for the purposes of such proof, keep the purchase invoice or any other document that can certify the date of the purchase (e.g. credit card statement) and the date of delivery.

WHAT IS A LACK OF CONFORMITY

A lack of conformity exists when the purchased goods:

  • are not fit for the use to which goods of the same type are normally put;
  • do not conform to the description made by the seller and do not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
  • do not possess the usual qualities and performance of goods of the same type that the consumer can reasonably expect, taking into account also statements made in advertising or labelling;
  • Are not suitable for the particular use intended by the consumer and which the consumer has brought to the knowledge of the seller at the time of the conclusion of the agreement and which the seller has accepted.

Therefore, any failures or malfunctions or other defects caused by accidental events or by your own liability or by use of the product not in accordance with its intended use and/or with the technical documentation attached to the product, if any, or with the instructions for use relating to the product are excluded from the scope of the Legal Warranty. With regard to watches, accessories such as strap, case and glass are generally not covered by warranty..

We also remind you that although F.B. S.R.L. constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to reduce inaccuracies to a minimum, some variations are always possible due to the technical characteristics and colour resolution features of the computer you are using. Consequently, the Seller shall not be liable for any inadequacy of the graphic representations of products shown on the Site when due to the aforementioned technical reasons, since these representations have merely an illustrative function.

WHAT TO DO IN THE EVENT OF A CONFORMITY DEFECT

In the event of a conformity defect duly reported within the terms, you shall be entitled:

  • Primarily, to repair or replacement of the goods free of charge, at your choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other and, therefore, in this specific case, considering the type of sale, to replacement, where this is possible in relation to the number of items still available for sale;
  • On a secondary basis (i.e. where repair or replacement is impossible or excessively expensive, or where repair or replacement has not been carried out within a reasonable period of time, or where the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the Contract, at your option.

An excessively onerous remedy is one that imposes unreasonable expenses on the seller in comparison with alternative remedies that may be available, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy can be performed without significant inconvenience to the consumer.

 

REFUND OR REDUCTION AS A CONSEQUENCE OF THE APPLICATION OF THE LEGAL GUARANTEE

In the event of termination of the Agreement, F.B. S.R.L. shall refund the Total Amount paid. In case of price reduction, F.B. S.R.L. shall refund you the amount of the reduction previously agreed upon.

The amount of the refund or reduction will be communicated to you by email and credited to the chosen means or payment solution.

In particular, in the event of non-conformity, the Customer who entered into the Agreement as a Consumer shall be entitled to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the Agreement with respect to the disputed goods and the consequent refund of the price.

Exchange or refund of a product with obvious factory defects will be possible within 7 (seven) days from receipt of the product, beyond this time frame, if the item falls within the specifications of the service centres (different for each brand) it may be taken for repair under warranty. Warranty repair times vary according to product brands and can range from 45 to 60 working days.

CONTACTS

For any request and/or information you may contact the F.B. S.R.L. team by sending an e-mail to [email protected], or by consulting our information area HERE.

Alternatively you can write to us at Via Sacro Monte n.1 - 22070 -Locate Varesino(CO).

CUSTOMER COMMUNICATIONS

The Customer acknowledges, accepts and gives his or her consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations carried out, referring to the purchase of Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided for by the Site.

PRIVACY POLICY

Customer data are processed by F.B. S.R.L. in accordance with the provisions of the legislation on the protection of personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

APPLICABLE LAW, DISPUTE RESOLUTION AND PLACE OF JURISDICTION

These General Terms and Conditions of Sale shall be governed by and construed in accordance with Italian law. Consequently, the interpretation, execution and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to the same shall be resolved exclusively by the Italian Courts, as better specified below. In particular, if the Customer qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law. In the event that the Client, instead, does not qualify as a consumer, the parties conventionally establish the exclusive jurisdiction of the Court of Como.

Platform for alternative online dispute resolution (ODR)

Whereas F.B. S.R.L. is always available to seek an amicable solution to disputes that have arisen, also through the direct contacts indicated, the Customer is hereby informed that, according to Article 14 of EU Regulation no. 524/2013 and the resolution on ODR set out in Statutory Instrument no. 500/2015 in force since 15 February 2016, a platform for online dispute resolution (ODR ), for disputes arising from the purchase of goods online has been established by the European Commission and can be accessed at the following link:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Through the ODR platform, the Customer will be able to consult the list of ODR entities, find the link to each of them and initiate an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show

The company F.B. Srl is a member of the Netcomm Consortium and adheres to the Joint Conciliation Agreement 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 having submitted a complaint to the company, within 30 days, has not received a reply or has received a reply that is not satisfactory to him. The customer who decides to avail himself of the Joint Conciliation procedure is obliged to send his request using the form available at the following address: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/.

COOKIES

The Site uses cookies to ensure normal browsing and the use of its functions and, subject to the Client's consent, to send advertising messages in line with the preferences expressed during web browsing. For further information on the cookies used by the Site or to deny consent to their installation, the Customer may consult the information notice in the Cookies section.

INTELLECTUAL PROPERTY

TAll elements of the Site, whether or not subject to the registration of an intellectual property right (photos, product sheets, descriptions, layouts) are the exclusive property of F.B. S.R.L. and may not be used. All drawings, models, brands, texts, visual or audio, comments, works, illustrations, images, reproduced on the Site www.gioiapura.it are protected by copyright, brand rights and image rights and any other applicable intellectual property right. They are the total property of F.B. S.R.L. or its partners.

Any kind of reproduction or representation, subject to counterfeiting, may result in civil and criminal liability of its author.

Links referring to the Site www.gioiapura.it and using the techniques of framing or in-line linking are formally prohibited.

In any case, any link or other content mentioned above, even if tacitly authorised, must be withdrawn immediately and at the simple request of the company F.B. S.R.L., under penalty of the consequences of the law.

AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE

On the occasion of any amendment to these General Terms and Conditions of Sale, F.B. S.R.L. shall promptly publish the amended ones on the Site.

The amended General Terms and Conditions of Sale shall become an integral part of the new Agreements, as of the date of the first Order placed by the Customers, following their publication on the Site. In the case of Orders already placed prior to such communication, the previous version of the General Terms and Conditions of Sale shall apply.

SUBSTITUTION CLAUSE

Should any present or future provision of the General Terms and Conditions of Sale and/or the Agreement be or become wholly or partially null and void and/or ineffective, or should there be a gap in the provisions of the General Terms and Conditions of Sale and/or the Agreement, the remaining provisions of the General Terms and Conditions of Sale and the Agreement shall remain valid and effective in any event. It is understood that F.B. S.R.L. and the Customer will endeavour to negotiate in good faith the integration of the gap or the substitution of the invalid and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the content, also economic, of the Agreement.