Terms and Conditions

Terms and conditions

Before buying our products on massagioconda.com, we require the customer to carefully read and accept the following selling conditions. We also suggest to save a paper or digital copy for personal purpose, in accordance with the Article 12 of the Legislative Decree no.70 of 9 April 2003, which attains to some juridical aspects of the digital society services, with particular reference to the e-commerce in the internal market.

  1. General Information
  2. Definitions
  3. Object of the Contract
  4. Who May Purchase online
  5. Product Availability and Quantity
  6. Registration in the Login Area
  7. Method of Purchase
  8. Sales Prices, Taxes and Shipping Costs
  9. Payments
  10. Conclusion of the Contract
  11. Execution of the Contract and Delivery Method
  12. Responsibility
  13. Guarantees and Methods of Assistance
  14. Right of Withdrawal
  15. Customized Products
  16. Processing of Personal data
  17. Jurisdiction

 

  1. General information

The display of the products on the massagioconda.com site represents a mere invitation to the consumer/ customer to formulate a purchase contract proposal and not an offer to the public. The purchase order transmitted by the consumer through the massagioconda.com website has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the consumer is obliged to accept in full by sending the order to the seller.

Orders through the massagioconda.com website may be finalised in the following languages: Italian, English.

Information, images, photographs, brands, products and the general elements contained in the massagioconda.com site are private property and are disclosed only for promotional and advertising purposes. They may be downloaded or copied only for personal use and not for commercial purposes.

Massa Gioconda SAS is a company under the Italian law situated in Viale Castelluccio 57, Torre del Greco (NA), registered in the Register of Companies of Naples REA NA-513752 CF and VAT no. 02763731219.

For any enquiry or additional information you may contact Massa Gioconda SAS via email at info@massagioconda.com.

  1. Definitions

Supplier/ Seller: Massa Gioconda SAS with registered office in Viale Castelluccio 57, Torre del Greco (NA) registered in the Register of Companies of Naples REA NA-513752 CF and VAT no. 02763731219.

Customer: consumer or user, or the physical person acting for purposes unrelated to entrepreneurial, commercial, professional or craft activity carried out.

Contractual Products: products as described in the online showcase, shown in the image associated with each of the products on display.

Website: the e-commerce website massagioconda.com.

  1. Object of the Contract

These Selling Conditions apply to online purchase contracts stipulated through the Website between the Supplier and the Customer registered in the login area of the Website.

The Supplier may change these Conditions at his/ her own discretion. The Selling Conditions applied to orders through the Website are those in force at the time the order is placed, in particular when the checkbox “confirm” or similar in the order summary is selected.

  1. Who may Purchase Online

Only those who have reached adulthood and have the legal capacity to become part of a contract may order through massagioconda.com. When placing an order through the Website, the customer declares and ensures in good faith, that he/ she is the final consumer and will not provide, sell or distribute the Supplier’s products for commercial purposes or take any other commercial advantage from them.

  1. Product availability and Quantity

All orders made through the website are subjected to product availability and to the acceptance by the Supplier through the order confirmation email.

May an order exceed the quantity in the warehouse storage, Massa Gioconda SAS will inform the Customer whether this product will be available in the future and the expected time for procurement in the order confirmation email.

The Supplier reserves the right to modify the range of items proposed on the Website and may also limit, from time to time, the quantity of Contract Products that the Customer may order in a single purchase session.

The Website provides all the information related to the Contractual Products currently on sale through this channel: only the items with the “add to cart” button are available for online shopping.

  1. Registration in the Login Area

In order to make an order through the Website, the Customer must first register by creating his/ her personal account.

During this procedure, the Customer must provide valid and updated personal information (email, name, surname, password, date of birth, address, zip code, city, province, country, phone number, National Insurance Number). After the registration on the Website, the Customer will receive an email with the access credentials to his personal account on the Website. The Customer is responsible for the confidentiality and security of the access credentials to his/ her personal account.

The Supplier is not responsible for any improper use of the Customer’s account information (such as password, personal data, etc.) by third parties.

The Supplier holds the right to modify the data required for the registration and the creation of the personal account to access the Website.

In case of change of the information provided for the creation of the account, the Customer must modify them directly through his/ her personal account.

  1. Method of Purchase

To make orders through the massagioconda.com Website, the Customer will follow the procedure as indicated below.

Once the Product is selected, the Customer may add it to the cart. He/ She may then proceed to the purchase of additional Products and add them to the cart, or proceed with the purchase by clicking on the cart button. At this point, the summary of the order will be shown. It will contain a list of the Products added to the cart with the relative prices. In this page, the Customer may delete one or more Products of the cart by clicking on the trash bin button, or continue shopping, or complete the order by clicking on “proceed to checkout” button.

At this point, the Customer will be required to enter his/ her personal account, or to register in case he/ she had not already created a personal account.

The third phase of the “addresses” procedure requires the confirmation of billing and delivery addresses, already entered during the registration phase, or their modification, through the “update” button. By clicking on the “proceed to checkout” button, again, the Customer may move on to the “shipment” phase. In this screen the Customer may choose the courier (if there is more than one courier available for delivery).

To proceed it will therefore be necessary to read and accept the given Conditions of Sale. Attention: we advise to save the General Conditions of Sale on your pc and/ or print a copy for personal use. The General Conditions of Sale accepted may also be downloaded directly from the order confirmation email.

After clicking on the “continue to checkout” button, the Customer will proceed to the final phase, namely the payment phase. The relative screen will show again the order summary with the specification of prices, shipping costs and total price. The Customer may then proceed to the choice of the payment method (bank transfer, PayPal).

At the end of the procedure the Customer will be asked to confirm the order by clicking on the “order confirmation” button.

  1. Sales Prices, Taxes and Shipping Costs

The prices of the Products displayed on the Website are inclusive of VAT, shipping costs and other taxes excluded, unless otherwise indicated.

The Supplier maintains the right to change prices and delivery costs at any time and without notice. The price of a Product and the delivery costs as indicated by the Supplier on the Website at the moment of the confirmation of the order by the Customer will be respected by the Supplier.

Transportation costs are duly highlighted in the relative page on the Website. It will be responsibility of the Customer to check the cost before confirming the purchase.

If the Products are to be delivered in a country outside of the European Union, the total price indicated and reiterated in the order confirmation would not include custom duties or any other sales tax required by the country of entry. The Customer is responsible for the payment of such taxes according to the laws of the country in which the Products will be sent.

The Customer must pay the total price to the Supplier as indicated at the end of the order procedure and also in the order confirmation email sent by the Seller to the Customer.

The Customer is fully responsible for any additional cost, charge, tax and/ or tax that a given country may apply to any of the Products ordered in accordance to the given Selling Conditions.

Should customisations or changes be requested with regard to the Contract Products, the additional costs will be the subject of separate negotiation between the parties, with the only exception of the Products for which additional costs are expressly provided in the online showcase. On this point, see Article 15.

  1. Payments

The Customer commits to pay to the Seller a sum corresponding to the total amount as indicated at the confirmation of the order, shipping costs included.

Orders made through the Website must be paid by following the instructions on the Website through PayPal and bank transfer.

In case of payment by PayPal, the Customer must enter his/ her details in the respective PayPal account page (email address, password). The Customer expressly accepts the execution of the contract starting from the time of crediting the price of the Product purchased on the Seller’s current account.

In case of payment by bank transfer, the Customer must always indicate the order reference number on the bank transfer form. The Seller will wait for the payment to be received before proceeding with the order. If the amount to be paid will not be credited to the Seller’s current account within 7 (seven) working days following the order, the latter will be cancelled and consequently the Seller will not deliver the relative Product.

  1. Conclusion of the Contract

The purchase order is accepted by the Seller by sending a confirmation email to the Customer at the address indicated by him/ her during the registration. The confirmation email contains the summary of the order, the description of the ordered products and the total amount to be paid to the Seller.

Each purchase contract is concluded when the Customer receives the order confirmation from the Seller, except as provided in Article 9.

  1. Execution of the Contract and Delivery Method

The Supplier will deliver the selected and ordered Products to the Customer through couriers and/ or shippers of trust, as described above.

Delivery time will never exceed 30 days after the Customer transmitted the order, but it may vary according to production needs. The aforementioned delivery times refer to the Products present in the warehouse at the time of the order. In case of immediate unavailability of the Products, a notification will be sent through the order confirmation email. The Seller will also notify about the reassortment of the Products mentioned above and their delivery time.

The delivery will be carried out by the couriers mainly on ground level. However, no responsibility can be attributed to the Supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.

The Product will be delivered to the place indicated by the Customer who is required to receive the Product and facilitate the delivery. In the case of unmotivated refusal to receive the Product, the Supplier will have the right to terminate the contract and claim compensation for the damages, including storage costs.

  1. Responsibility

The Supplier takes no responsibility for the disservices due to circumstances of force majeure not under his control, such as accidents, explosions, fires, strikes and/ or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute the contract within agreed time.

The Supplier will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned causes. The Customer is entitled only to the reimbursement of the paid price.

Likewise, the Supplier is not legally responsible for any fraudulent or illicit use of credit cards and/ or other means of payment by third parties during the phase of payment of the purchased Products.

  1. Guarantees and methods of assistance

The Supplier sells craft products made in Italy. The Supplier offers a three-month warranty and after-sales service to the Customer starting from the date of purchase, upon request by email. This assistance includes quality check, cleaning and polishing. The first assistance intervention will be free (shipping costs paid by the Customer). Subsequent interventions or modifications of the Product will be the object of separate negotiation between the parties.

  1. Right of Withdrawal

If the Customer is not satisfied with the purchase for any reason, he/ she has the right to withdraw from the contract stipulated, in accordance with the art. 64 of Legislative Decree no. 206/2005 and subsequent amendments and additions (Consumer Code). The Customer has the right to withdraw within the term of 10 working days without penalty and without specifying the reason, except as provided by the Article 65 paragraphs 3, 4 and 5.

The right of withdrawal is exercised by sending the return form and the goods purchased to the Seller’s office within the aforementioned terms, by using registered mail with acknowledgment of receipt. The communication may also be sent via telegram, fax and/ or email, within the same term, under the condition that the communication will be confirmed by registered mail with acknowledgment of receipt within the following forty-eight hours. Only if the registered mail is delivered to the post office within the time limits stated above, it is considered to have been sent on time.

All the purchased goods must be returned to the Supplier intact and in their original packaging, complete of all parts, with warranty and within the same term.

Attention: the return form must always accompany the returned Products.

Return fees will be charged to the Customer.

The Supplier will refund the entire amount paid by the Customer within 7 days from the date of receipt of the goods, with deduction of any reparation expenses for damages to the goods. If the amount has been paid by bank transfer, it will be the Customer’s responsibility to promptly provide the bank details, in order to receive the bank transfer from the Supplier (ABI, CAB, current account of the invoice holder).

The Customer cannot exercise the right of withdrawal for “the supply of clearly customized goods”, as provided by the Article 55 of the Consumer Code. On the point, see Article 15.

  1. Customized Products

The Products included in the online shop are described and shown in each image and may be customized.

In particular, the Customer may customize the object:

– by choosing the colour of the metal. For example, if a Product is made of white gold, the Customer may request it to be made of yellow or red gold. This customisation may be viewed in the online showcase, where the Customer can check the relevant option;

– through the modification of the size. This customisation is expressly provided in the online showcase, where the Customer may choose the size. The realisation of the Italian spindle of sizes different from the standard sizes of 14 and 15 for women and of 20 and 21 for men will be considered a customisation;

– through the engraving of words or numbers. This customisation is not expressly provided in the online showcase and may be requested to the Supplier separately via email.

Moreover, the Customer may request some additional customisations such as variations to the design and creation of otherwise personalised objects. These further customisations must be the object of separate negotiations between the Customer and the Supplier. To purchase customized Products, the Customer can directly contact Massa Gioconda SAS via email or phone for a quotation.

Customized products cannot be sent back.

  1. Processing of Personal Data

Personal data are collected for the purpose of registering the Customer, activating the procedures for the execution of the General Selling Conditions and for the necessary communications to the Customer. The data are processed electronically in compliance with the laws in force and may be presented only upon request by the judicial authority or by other authorities in accordance with the law. Personal data will be communicated to subjects delegated to perform the activities related to the execution of the purchase contract and disclosed exclusively for that purpose. The interested party enjoys the rights as provided by the Interministerial Decree no. 196/2003 (Code on the protection of personal data), and the appropriate information accepted by the Customer during the registration phase. This information is always available on the Website.

  1. Jurisdiction

For any disagreement or dispute related to the Product, the execution of the purchase contract or of the given General Selling Conditions, the parties may take the case before the Italian courts or the courts of the country in which the Costumer resides, in accordance with relevant laws.

Without any restriction to initiate proceedings before a court, the Supplier and the Customer will first of all make every necessary effort to settle in an informal way any dispute or disagreement about the Product, the execution of the purchase contract or the given General Selling Conditions for a period of 30 days.