- These General Terms and Conditions of Sale (hereinafter, General Conditions) concern the regulation about Products and Services’ purchase, carried out at a distance, via computer network, from the site www.gemset.eu (hereinafter, the Site).
- The Website owner is Bottazzi Tech Srl with head office in Viale S. Agostino, 440 – 36100 Vicenza (VI), registered in the Business Register, with Fiscal code 02203970245, and VAT number 02203970245, R.E.A. of Vicenza No. 214287.
2. Acceptance of the general conditions of sale.
- All purchases of Products made through the Site (hereinafter, Purchase Contracts) by the users who access it (hereafter, the Customers) are governed by these General Conditions and by the Italian Consumer Code (Legislative Decree 206/2005), section II Distance contracts (articles 50 – 67) and the Italian laws on electronic commerce (Legislative Decree 70/2003).
- By concluding the Purchase Contracts, according to the procedure, the Customer accepts and undertakes to observe these General Conditions.
- Therefore, the Customer is required to read carefully, before making any purchase transaction, these General Conditions which Bottazzi Tech Srl makes available to it also in order to allow it to be reproduced and stored in compliance with the provisions of art. 12, 3rd paragraph of Legislative Decree 70/2003.
- Bottazzi Tech Srl may change the contents of the General Conditions at any time and without prior notice. The General Conditions published on the Website, at the time the Customer places the purchase order, will be applied to each individual Purchase Agreement.
- www.gemset.eu (hereinafter “Site”) is an online sales site for gemmological equipment (hereinafter, “Products”).
- All the Products offered are described in detail in the Site, within the respective sections, divided by Product categories.
- The visual representation of the Products on the Site, where available, has to be considered as indicative and normally consists of a photographic image of the Products themselves and has the sole aim of presenting them for sales, without any guarantee or promise, by Bottazzi Tech Srl, that the image shown on the website will exactly correlate with the real product, and this with particular regard to the real dimensions and / or to the chromatic aspects of the Products and / or packaging .
- In case of difference between the image and the product’s data-sheet, the description in the product’s data sheet shall prevail.
4. Purchase Procedure.
- The Customer can purchase the Products present in the electronic catalogue, illustrated in detail on the Site within the respective sections by product category, as described in the relative information data-sheets contained in the Site, respecting the technical access procedures illustrated therein.
- To purchase the Products, the Customer must register on the Site by entering their personal details, following the instructions provided by the registration program, and must complete and send to Bottazzi Tech Srl the electronic order form available on the site, following the instructions therein. Purchase orders must be exactly filled out in their entirety. In the event that the Customer does not want to register on the Site, he may in any case conclude the purchase procedure, but he cannot check the status of his orders and take advantage of discounts and promotions.
- The Customer must insert the selected Products in the specific “Cart” and, after choosing the courier, viewed and accepted the contribution for the delivery costs, he can proceed with the purchase.
- If the Customer needs to modify the purchase order or to modify some data therein contained, he must follow the appropriate modification procedure contained on the Site. In particular, the Customer will have the right to change the quantity of Products he intends to purchase, adding or deleting one or more Products from the Cart.
- Once this operation has been completed, the Customer will see a screenshot containing the summary of the purchase order, including delivery costs, with a request for further confirmation of the purchase procedure.
- After viewing the summary, the Customer must select the type of desired payment, (ie bank transfer, cash on delivery, credit card or PayPal) and send the order by clicking on the appropriate button.
5. Conclusion of the contract.
- The publication of the Products displayed on the Website constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and involves the complete knowledge and full acceptance of these General Conditions.
- Each Purchase Agreement entered into between Bottazzi Tech Srl and the Customer must be considered concluded with the sending by Bottazzi Tech Srl of the order acceptance to the Customer’s e-mail address. This confirmation message will indicate an “Order Number”, this number has to be used in any subsequent communication with Bottazzi Tech Srl. The message will propose, in addition to the information required by law, all data entered by the Customer who undertakes to verify its correctness and to communicate promptly every possible correction. Possible increases in costs caused by errors in data not promptly reported, will be the sole responsibility of the Customer.
- Each order can be viewed by the Customer on the Site, in his personal area, if he is registered, or by contacting Bottazzi Tech Srl Customer Service, immediately after sending the order.
- Occasional unavailability of the Products offered may occur. In this case, if the Products chosen by the Customer are not, in whole or in part, available, the order will be sent with the only products available after sending notice to the Customer regarding the products not available.
- Bottazzi Tech Srl has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights whatsoever, in any capacity, including compensation, in the event of non-acceptance of the order itself.
- In particular, Bottazzi Tech Srl reserves the right not to accept purchase proposals and cancel orders that do not give sufficient guarantees of solvency or if – even after comparison with the circuit that handles credit card payments – result transaction anomalies and payment methods’anomalies used by the Customer.
- The Customer can check at any time the content of the purchase contracts concluded by accessing his personal area of the Site, if he is registered, or by contacting the Bottazzi Tech Srl Customer Service. These data will be available for a period of 12 months from Products delivery.
6. Products prices.
- All Product prices are clearly indicated on the Site and are not including VAT. Delivery costs will be notified sequentially by the order confirmation or proforma invoice. The cost of each shipment may vary depending on the delivery and payment methods as well as the destination and the total amount of the order.
7. Invoicing and payment methods.
- Bottazzi Tech Srl issues a receipt or invoice for the Products purchased, when the Products are delivered to the courier for shipment, sending it via e-mail to the Customer. The information provided by the Customer will be used to issue the receipt or invoice. No changes to the data will be possible after the receipt or invoice has been issued.
- As better described below at the specific points, payments by Credit Card and PayPal only require an authorization or a reservation of money without an actual charge when the Customer places the order. The payment is therefore effectively charged to the Customer only when the Products are delivered to the courier in charge of the shipment. At this stage Bottazzi Tech Srl will also issue the invoice for the order.
- The payment for the Products purchased is made by credit card, PayPal or cash on delivery according to the methods listed below:
CREDIT CARDS ONLINE
The accepted credit cards are: Visa, Mastercard.
All data are transferred in encrypted form using an SSL certificate and cannot therefore be intercepted by external parties.
Furthermore, data entry takes place directly on the Bank’s website, thus guaranteeing maximum security.
The order amount is not immediately charged to the card, but at a later stage, within the limits authorized by the Customer.
When the order is placed on the Gemset’s website, only a payment authorization is required for the amount specified in the order itself (very often at this time an SMS / E-mail is sent to the Customer by the bank that issued the card) .
The authorization does not result in a charge to the credit card but simply a reservation of the relative amount.
When the order is sent to the courier, shipper or otherwise to another person appointed by Bottazzi Tech Srl for delivery, the amount due is actually charged.
This guarantees that the amount of money is charged to the credit card only at the time of the effective shipment of the Products and only for the amount relating to the Products actually shipped.
PayPal, an eBay company, is a fast and secure payment system.
Once the order is completed and PayPal is chosen as a payment method, the buyer will be redirected to the PayPal site, where he will be able to access his account by entering his personal e-mail address and password.
After registration, payments can be made via PayPal without having to re-enter the data, even for subsequent purchases.
By choosing to pay with PayPal, the amount is debited directly from the assigned credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay). PayPal protects the buyer’s information as no financial information is passed.
A confirmation email from PayPal will be sent after each transaction performed with this method.
It should be noted that the order amount is debited to the PayPal account at the time the courier takes charge of the order. When entering the order on the Website, an authorization request will simply be send to check availability on the Customer’s PayPal account, without any charge.
In case of order cancellation the amount is refunded to the Customer’s PayPal account.
The Customer can pay by bank transfer to the current account indicated in the order, within 3 working days from the date of purchase. Payment by bank transfer has different delivery times compared to other payment methods. These times (at least 6-7 days) are due to the fact that gemset.eu’s need to verify that the payment has been made.
In order to reduce the timing of verification of the payment and subsequent delivery of the order, the Customer will have the opportunity to communicate to Gemset the CRO code (Operation Reference Code) by e-mail to firstname.lastname@example.org.
CASH ON DELIVERY
The Customer can pay directly to the courier who will deliver the ordered products.
Only cash is accepted for this payment method. The courier will not accept bank checks or cashier’s checks and will not deliver the Products if it will not receive the exact amount indicated in the order. The courier is not authorized to give change.
8. Delivery methods and costs.
- Bottazzi Tech Srl undertakes to deliver the goods without undue delay and in any case not later than thirty days from the conclusion of the contract. The delivery of the Products will be made by courier, and the times will vary depending on the destination. The terms indicated at the time of the purchase order are indicative.
- Bottazzi Tech Srl delivers to all countries listed on the Site and delivery will take place without an appointment.
- No responsibility, for any reason, may be charged by the Customer to Bottazzi Tech Srl in case of delay in the order or delivery of the Products covered by the Purchase Contracts.
- The ordered Products will be sent to the postal address specified by the Customer. Upon delivery of the Products by Bottazzi Tech Srl to the courier in charge, a shipment confirmation e-mail will be sent to the Customer.
- Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays according to the methods indicated by the courier chosen by the Customer. Delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the recipient at the specified address, the courier will send an e-mail notification and attempt a new delivery according to the methods prescribed by itself.
In case of impossibility to make the new delivery due to the absence of the recipient, the Customer Service will try to contact the Customer to schedule a further delivery. If the Customer Service will not be able to contact the Customer for the subsequent 10 days or in case of further impossibility of delivery due to the absence of the recipient, the Products object of the order will be returned to Bottazzi Tech Srl.
After 30 (thirty) days from the date on which the Products ordered were returned to Bottazzi Tech Srl due to the impossibility of delivery, the contract will be terminated and the purchase order canceled according to art. 1456 (Italian Civil Code). Bottazzi Tech Srl will reimburse the amount paid by the Customer, excluding the costs of returning the Products and the costs of storing them at the courier’s branch in charge of the delivery.
- The termination of the contract and the refund amount will be communicated via e-mail. The refund amount will be wired according to the payment method used by the Customer for the purchase. In case that, before the expiration of the thirty days, the Customer requests to receive the purchased Products again, Bottazzi Tech Srl will proceed with the new delivery charging, in addition to the expenses thereof, the costs of returning the Products to Bottazzi Tech Srl and the custody fees.
- Upon product’s delivery by the courier selected by Bottazzi Tech Srl, the Customer is required to carefully check:
a. That the tamper-proof label is intact and the packaging is not damaged or otherwise altered.
b. That the number of pieces being involved corresponds to what is indicated in the transport document.
- Any damage to the tamper-proof label, to the packaging and to the Products or the mismatch in the number of pieces / packages or indications must be immediately contested by the Customer, who may contact Bottazzi Tech Srl through the Customer Service specifying the order for which such misunderstandings have occurred.
- Cases of force majeure, unavailability of transport vehicles, as well as unforeseeable or inevitable events that cause a delay in deliveries or make them difficult or impossible or cause a significant increase of delivery cost to Bottazzi Tech Srl, will give Bottazzi Tech the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, Bottazzi Tech Srl will provide prompt and adequate communication of its determinations to the e-mail address indicated by the Customer and the latter will have the right to a refund of any price already paid, excluding any further claim, for any reason, against of Bottazzi Tech Srl.
9. Discount Coupons – Promotions.
- Any discount vouchers or promotional codes may be inserted when the Customer completes the purchase order. The system will update the total amount of the order, net of the value of the voucher.
- The discount voucher can be combined with other commercial initiatives exclusively in the cases in which it will be expressly indicated.
10. Right of withdrawal and its effects.
- The Customer has the right to withdraw from the contract, without indicating the reasons, within 14 days (withdrawal period).
- The withdrawal period expires (i) after 14 days from the day on which the Customer or a third party, other than the carrier and designated by himself, acquires physical possession of the goods, or (ii) in the case of a contract related to multiple goods ordered in a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by himself, acquires physical possession of the last good.
- To exercise the right of withdrawal, the Customer must inform Bottazzi Tech Srl about his decision to withdraw from the contract through an explicit declaration (for example letter sent by regular mailing service, fax or e-mail).
- To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period’s expiration.
- If the Customer withdraws from this contract, all payments made to Bottazzi Tech Srl, including delivery costs, will be refunded (except for the additional costs resulting from the choice of a delivery method other than the least expensive standard delivery type offered) without undue delay and in any case no later than 14 days from the day on which Bottazzi Tech Srl will be informed of the decision to withdraw from this contract. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless it has been expressly agreed otherwise; in any case, the Customer will not incur any fees as a result of such reimbursement. The reimbursement may be suspended until receipt of the goods or until the consumer has demonstrated that he has sent back the goods, whichever is earlier.
- The Customer is required to return the goods or deliver them to Bottazzi Tech Srl, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal from this contract. The deadline is met if the customer sends the goods back before the 14-day period expires. The direct costs of returning the goods will be charged to the Customer. The Customer is liable for any diminished value of the goods only where that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The Customer may not in any event exercise the right of withdrawal in case of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
11. Non-compliant and defective products.
- The Products offered on the Site comply with national and EU legislation. The images and colors of the Products published on the Site may differ from the actual ones due to the local settings of the systems and / or tools used for their display.
- In case of conformity defects in the products purchased with respect to the description published on the Site and in the event of a faulty or defective Product, the Customer is entitled to immediate reimbursement of the non-compliant good, by sending via form (available in the Customer Care section) pictures that highlight the damage or non-conformity of the Product.
- A communication from the Bottazzi Tech Srl staff will follow indicating the reimbursement method that could take place, at Customer’s discretion, also through discount vouchers on the next purchase with a value higher than the value of the goods to be refunded, excluding any further liability of Bottazzi Tech Srl, to any title.
- This is without prejudice to the provisions regarding the legal guarantee of goods conformity, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135).
12. Processing of personal data.
13. Communications and complaints.
All communications or complaints made by the Customer against Bottazzi Tech Srl, related to the Purchase Contracts, must be communicated through the appropriate contact form available in the Reserved Area.
14. Online dispute resolution for consumers.
The consumer residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve non-judicially any dispute relating to and / or arising from contracts for goods’ and services sale and concluded on the net. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract stipulated on this website. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
15. Intellectual Property Rights.
All trademarks (both registered and unregistered), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by international laws and conventions regarding intellectual property and industrial property, reproduced on the Website, remain the exclusive property of Bottazzi Tech Srl and / or its assignors, without the Customer deriving any rights to the same from access to the Site and / or the stipulation of the Purchase Contracts. Any use, even partial, of these is prohibited without a prior written authorization from Bottazzi Tech Srl, in favor of which all the relative rights are exclusively reserved.
16. Applicable Law and Jurisdiction.
- These General Conditions and any and all contracts entered into by the Customer are governed by Italian law, subject to the application of EU legislation and international treaties, when applicable, as well as the national legislation protecting consumers.
- For any dispute concerning the interpretation, execution, validity or effectiveness of these General Conditions and of any contract stipulated with the Customers, the Court of Bottazzi Tech Srl will have exclusive jurisdiction.