Terms of sale
- General provisions
1.1 These conditions of sale and delivery apply to the sale and delivery of products offered in e-commerce on the site shop.gioielleriaperdichizzi.it . Please read carefully all the conditions of sale and delivery reported below before placing an order for a product on the Website.
1.2 Please print a copy of these terms and conditions of sale for any future reference needs regarding your order.
1.3 During the ordering process for our products, you will be asked to click on the button to accept the conditions of sale, thereby automatically accepting the provisions described below regarding the conditions of sale and delivery and the information on the protection of personal data. We inform you that if you do not accept these conditions, you will not be able to order the products offered on the Website.
1.4 This site is managed by Perdichizzi 1907 Srl
- Your status
2.1 If you order an item on the Website, you must ensure that the following conditions are met:
2.1.1 To have the legal capacity to conclude binding contracts
2.1.2 Of being of age
2.1.3 That you are a natural person acting as a consumer.
- Purchase and ordering
3.1 Ordering a product on the Website is to be considered as an offer to purchase that product in accordance with these conditions of sale and delivery.
3.2 Once the order procedure has been completed, you will receive an order confirmation email to your email address, which will inform you that we have acknowledged your order, which in no case equates to acceptance of the same, since all orders are subject to authorization by Perdichizzi 1907 Srl. It is understood that Perdichizzi 1907 Srl reserves the right to ask you, prior to acceptance of your order and in order to promote the security of transactions and avoid fraud: - to confirm your telephone number for certain information relating to your order; - to send a copy of an identity document and/or certifying your address (photocopy of your identity card and/or photocopy of a certificate of residence valid for at least 3 months). You will then have 5 working days to send us these documents by email or fax in the required format to the address that will be indicated to you. Perdichizzi 1907 Srl is the sole recipient of such identity documents and the information contained therein. The documents you send us will be stored in our archives for one month.
3.3 Perdichizzi 1907 Srl undertakes to honour orders within the limits of available stocks
10 If the products you ordered are not available, we will send you an informative email and you will have the option to wait until the product is available again, or to cancel the order.
3.4 Perdichizzi 1907 Srl reserves the right to refuse any order placed by a customer with whom there is an ongoing dispute regarding the payment of a previous order, and/or which does not comply with these conditions of sale and delivery.
3.5 We will confirm by informative emails, the receipt of your order, the purchase confirmation and the related delivery term. The purchase confirmation will constitute proof of the existence of a contract between Perdichizzi 1907 Srl and you having as its object only and exclusively the products included in the same.
3.6 Furthermore, the aforementioned contract will not concern any other products ordered by you for which you have not received, even in separate form, any order confirmation.
- Price and payment
4.1 The price of each product is that indicated on the Website for the corresponding product, except in the case of manifest error. The indicated price includes VAT at the rate currently in force. Any change in the applicable rate may affect the price of the products. Prices are subject to change at any time. The applicable prices are in any case those in force on the day and at the time in which the order is validated by you. The unit prices, together with the total price, will be reiterated separately in the electronic purchase confirmation message. Only upon specific written request from the consumer, Perdichizzi 1907 Srl will issue a regular purchase invoice.
4.2 Prices are subject to change, which however will not be applied to orders already confirmed with an order confirmation email.
4.3 A large number of products are sold on our site and it is always possible that, despite our best efforts, some of the products on the site may have an incorrect price indication. We normally check the price during our dispatch procedure so, if the actual price of a product is lower than the price indicated by us, we will refund the sums paid by you during the dispatch procedure of the product. If, however, the actual price of a product is higher than the price indicated by us, we may, at our discretion, either contact you for instructions, before dispatching the product, or reject the order and give you due notice of the same.
4.4 We are not obliged to supply you with a product at an incorrect price where the error is obvious and could have reasonably been recognised by you. In such an event, we will contact you before supplying the product.
4.5 Payment can be made with the credit cards accepted in the purchase confirmation phase. We will confirm the amount to be paid in the electronic order confirmation message. In all cases, your communication of the credit card number and the final validation of the order will constitute proof of the integrity of the aforementioned order in accordance with the provisions of Legislative Decree no. 70/2003 and will be valid for the collectibility of the sums paid.
4.6 All credit card payments are subject to a validity check carried out by the card issuer who must also authorise its use. The order will be considered effective only after the bank payment centres have given their confirmation. The credit card holder's personal data required for the aforementioned checks may therefore be exchanged with third parties. We decline all responsibility for the delay or failure to deliver your order if the credit card issuer does not authorise payment.
4.7 We will debit the amount due from your bank account immediately before delivery of the products ordered and we inform you that we will not deliver the same until we have received full payment. We therefore reserve the right to postpone the delivery date until we have received full payment for the products ordered and in any case to cancel the order, giving immediate written confirmation, in the event that you fail to make payment within the terms, without a valid reason.
4.8 Perdichizzi 1907 Srl adopts technological solutions capable of guaranteeing maximum security of transactions to protect its Customers, such as SSL (Secure Socket Layer) encryption, supported by the most popular Internet browsers (Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, etc.). These browsers are able to communicate in encrypted form with the Secure Server of the banking circuit to verify payment information and sensitive data entered on the site. When sending and receiving data in connection with an SSL Secure Server, you access protected web pages recognizable by the suffix “https” (“s” stands for “security”) placed at the beginning of the URL in the address bar together with an icon depicting a closed padlock or the word SSL.
- Delivery
5.1 Perdichizzi 1907 Srl offers a standard delivery service. Orders will be delivered within 7 working days of your receipt of the Shipping Information email, unless otherwise communicated to you. In any case, upon acceptance of your purchase, a shipping notification will be sent to you via email to the email address you provided during the order process.
5.2 The delivery address will correspond to the data you indicated and reported by us in the order confirmation email. In the event of non-delivery, we will leave a notice of passage and it will be up to you to collect the package in the places and within the terms specified therein. Once these terms have elapsed without result, the products will be returned to Perdichizzi 1907 Srl and it will be up to you to contact Customer Service for a possible new shipment of the same at your expense. We only deliver within the borders of Italy, including the islands. For purchases to be made in different territories, please refer to the sections of the site corresponding to the language of the country of interest. For practical reasons, it is sometimes better to ship some of the products included in the same order in multiple installments (split shipment).
Such an eventuality will be specified in the shipping notice and you will not be charged any additional delivery costs.
5.3 If we are unable to meet the delivery deadline specified in the email shipping your order, without any default on your part - such as failure to pay in full - we will contact you immediately to communicate the new delivery date. If you refuse the new delivery date or in any case after seven (7) days from the delivery deadline initially set, you may cancel the order by sending us a registered letter with acknowledgement of receipt or an electronic message. In this case, the purchase price of the corresponding product, including delivery costs, which may have been charged to you, will be re-credited to the credit/debit card account used to complete the order within 30 days. This right of cancellation exists only if the delay is attributable to Perdichizzi 1907 Srl.
- Transfer of risks and ownership
6.1 The product becomes your property upon full payment of the purchase price. It is understood that we may proceed with the recovery of the product at any time until the transfer of ownership of the same has taken place in all cases in which you should be in breach of this contract.
6.2 The transfer of risks occurs at the time of delivery. The risks, pursuant to this provision, are those connected to damage to the product or caused by the use, alteration or storage of the same. The risks connected to the return of a product, for whatever reason, are at your expense.
- Right of withdrawal and Complaints
7.1 You are obliged to notify us immediately after delivery of any missing, defective or damaged products you have received.
7.2 In compliance with Legislative Decree 6 September 2005 n. 206 (Consumer Code) you have the possibility to exercise the right of withdrawal, without obligation to provide reasons and without any penalty, by returning the goods to us within ten (10) working days from receipt of the same, requesting a return code at the address and sending the product back to Perdichizzi 1907 Srl accompanied by the Delivery Note and the Return Form that you will find on the Website - Deliveries and Returns section.
7.3 For the purposes of exercising the right of withdrawal and in accordance with the provisions of art. 67, paragraph 2 of the Consumer Code, the product you wish to return must be substantially intact (including any accessories included in the price) and diligently stored and used by you. If any accessories included in the price of the product are not returned by you, we will charge you the cost of the missing accessories. Any returned product that reaches us incomplete, modified, ruined, damaged, stained or in any case not in its original packaging conditions will not be taken back; the same applies, for hygiene reasons, to certain products such as earrings. All items that have undergone modifications at the origin cannot be returned. We therefore recommend that you preferably use a protected shipping and delivery method as you are responsible for the product until we receive it.
If the withdrawal has been made within the above-mentioned deadline and the product that reaches us has not been worn or used, is not damaged or stained, is in the original packaging condition (packaging, additional links, guarantee and instructions intact) and is accompanied by the duly completed and signed Return Form and the Delivery Note, we will exchange the product or refund the price paid net of the costs incurred by us, based on the preference expressed by you in the aforementioned Return Form; the costs of returning the product or products remain at your expense.
7.4 If you have expressed the wish to be reimbursed, we will refund the amount charged within thirty (30) days from the date of receipt of the product by Perdichizzi 1907 Srl, after the competent office has verified that the returned product satisfies the conditions and procedures described below, crediting it back to the credit/debit card account used to complete the order.
7.5 Following the cancellation of the order, you will have the obligation to return the product, as provided for in the previous art. 7.2, by sending it to the address.
7.6 Details regarding your right of withdrawal will be provided to you in the purchase confirmation email.
7.7 The right of withdrawal is reserved exclusively for natural persons (consumers), therefore it cannot be exercised by legal persons and by natural persons acting for purposes related to any professional activity carried out.
7.8 You have the right to communicate any complaints and problems (delivery errors, mix-ups, etc.) to Customer Service.
- Warranty
8.1 We always do our best to ensure that the product you have chosen is in optimal conditions. In any case, our products are accompanied by both the Perdichizzi 1907 Srl International Guarantee and the legal guarantee of conformity.
8.2 Perdichizzi 1907 Srl International Warranty: All watches offered for sale on this Website have the advantage of enjoying a 24-month International warranty issued by Perdichizzi 1907 Srl. for defects in materials or manufacturing. The general conditions concerning the warranty appear on the warranty certificate supplied with each watch. If the product is defective, Perdichizzi 1907 Srl will immediately provide for its partial or total replacement – after ascertaining the defect.
8.3 Perdichizzi 1907 Srl also grants a 6-month guarantee for defects in materials and manufacturing of costume jewellery and accessories.
8.4 You can return the product, within the terms set out above to [insert details as above], accompanied by the delivery note and the return form that you will find on the Website - Deliveries and Returns section, on which you will indicate the return code that you have requested from Customer Service. We recommend that you preferably use a protected shipping and delivery method (courier or registered mail) as the responsibility for the product until it is received by us is your responsibility. The shipping costs will subsequently be refunded to you.
8.5 Legal guarantee of conformity:
In accordance with the provisions of the law contained in the Civil Code and the Consumer Code, all watches offered for sale on this Website enjoy the legal guarantee of conformity and, in particular: Consumer rights: The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, pursuant to paragraphs 3,4,5 and
6, or to an appropriate reduction in the price or to the termination of the contract, in accordance with paragraphs 7,8,9.
The consumer may ask, at his choice, the seller to repair the goods or replace them, free of charge in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other. For the purposes of paragraph 3, one of the two remedies is to be considered excessively onerous if it imposes unreasonable costs on the seller compared to the other, taking into account:
- a) the value that the good would have if there were no lack of conformity;
- b) the extent of the lack of conformity;
- c) the possibility that the alternative remedy can be achieved without significant inconvenience to the consumer. Repairs or replacements must be carried out within a reasonable time from the request and must not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased the goods.
The costs referred to in paragraphs 2 and 3 refer to the costs necessary to make the goods compliant, in particular with reference to the costs incurred for shipping, labor and materials. The consumer may request, at his choice, an appropriate reduction in the price or the termination of the contract where one of the following situations occurs:
- a) repair and replacement are impossible or excessively expensive;
- b) the seller has not repaired or replaced the goods within the appropriate time limit referred to in paragraph 5(1);
- c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.
In determining the amount of the reduction or the sum to be returned, the use of the goods shall be taken into account. After reporting the lack of conformity, the seller may offer the consumer any other available remedy, with the following effects: d) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences in relation to the expiry of the appropriate period referred to in paragraph 5 (2), unless the consumer accepts the proposed alternative remedy; e) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article. f) A minor lack of conformity for which it has not been possible or is excessively onerous to pursue the remedies of repair or replacement, does not give the right to terminate the contract (Art. 130 Consumer Code).
Terms: The seller is liable, pursuant to art. 130, when the lack of conformity becomes apparent within two years of delivery of the goods. The consumer loses the rights provided for by art. 130, co. 2, if he does not report the lack of conformity to the seller within two months of the date on which he discovered the defect. The report is not necessary if the seller has acknowledged the existence of the defect or has hidden it. Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity. The action aimed at asserting defects not fraudulently concealed by the seller expires, in any case, within twenty-six months of delivery of the goods; the consumer, who has agreed to the execution of the contract, can however always assert the rights referred to in art. 130, co. 2, provided that the lack of conformity has been reported within two months of its discovery and before the expiry of the deadline referred to in the previous period (Art.
132 Consumer Code). In the event of a defective product or one that does not comply with the order, the shipping costs for the returned product will be refunded to you up to a limit of €.
- Responsibility
9.1 Perdichizzi 1907 Srl is responsible for the proper performance of the contractual obligations, regardless of whether such obligations must be performed directly by Perdichizzi 1907 Srl or by other service providers, without prejudice to the rights of recourse against the latter. However, Perdichizzi 1907 Srl is not liable to you for damages caused by your action, omission or error, by force majeure events or by third parties not connected for the purposes of the execution of the contract. Perdichizzi 1907 Srl presents and describes the products with the utmost care. However, the photos of the products are shown for illustrative purposes only. Please refer to the description sheet of the individual product to find out its specific characteristics. The consultation of the Website, as well as the acquisition of orders on the same, imply the knowledge and acceptance of the characteristics and limits of the network, with particular reference to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in every connection and transmission on the Internet, the absence of protection of certain data from possible undue theft and the risks of contamination by viruses circulating on the network.
9.2 Perdichizzi 1907 Srl cannot be held responsible for any direct or indirect damages generated by an interruption, a malfunction, of any nature and for any cause, or any direct or indirect damages resulting, in any way, from a connection to the Website. It is up to each Internet user to take all appropriate security measures to protect their data and/or software stored in their computer equipment from any attack. Connection to the Website by anyone falls under their exclusive responsibility.
9.3 In any case, except for willful misconduct and gross negligence and liability for product defects, the total liability of Perdichizzi 1907 Srl for all repairable damages, as defined in the contract, possibly caused by it is limited to the sole repair of foreseeable, direct and material damages actually suffered by you due to the non-fulfilment of Perdichizzi 1907 Srl. Such repair may in no case exceed the amount of your last purchase, even if Perdichizzi 1907 Srl was aware of the possibility of such damages occurring.
- Intellectual Property Rights and License to Use
10.1 Perdichizzi 1907 Srl, the other companies of Perdichizzi 1907 Srl - Via Roma, 82 98051 Barcellona Pg (ME) - Pi 02753630835 or third-party companies are the owners of the intellectual or industrial property rights (for example rights on trademarks, patents, models filed for registration and drawings and models) relating to all information, software, documents, data, data structures, services, logos, trademarks, drawings, texts, video files, audio files, images and other content (hereinafter referred to as "content") published or used within the Website. The failure to mention property rights does not necessarily mean that the elements of the Website are not covered by any rights of Perdichizzi 1907 Srl.
10.2 The contents of the Website may be downloaded, displayed and/or printed solely and exclusively for private and non-commercial purposes and solely on condition that, to the extent and as long as:
- the total or partial reproduction of the Website is not strictly prohibited;
- the documents or associated graphics are not modified, altered or translated;
- the graphic elements of the Website are not used without the texts that accompany them;
- mentions, of any nature, relating to copyright or other rights connected to the contents downloaded by the user, are not stored and reproduced by the latter;
- the source code or the structure of the images and/or contents and/or the contents themselves are not revealed, decompiled and used for purposes other than those strictly necessary for the functioning and use of the Website; and/or
- the contents are not used to manufacture derivative products.
- Hyperlinks (links) to and from other Internet sites
11.1 The Website may contain hyperlinks (links) to websites belonging to third parties. These other sites are not under the control of Perdichizzi 1907 Srl and you acknowledge that Perdichizzi 1907 Srl is not responsible for the accuracy, compliance with intellectual or industrial property rights, legality or content of such sites. Perdichizzi 1907 Srl cannot reasonably, without any clear indication of the infringement of a right, permanently monitor the content of the sites to which the Website refers via hyperlinks (links). Perdichizzi 1907 Srl will immediately remove such links if it discovers or becomes aware of any infringement of a right. Perdichizzi 1907 Srl cannot offer you any guarantee regarding the degree of satisfaction that you may obtain from the products or services sold by one of these third-party sites. You are invited to carry out all the research you deem necessary or appropriate before carrying out any transaction on one of these third-party sites.
11.2 The creation of hyperlinks (links) to the Perdichizzi 1907 Srl Website is authorized only and exclusively for private and non-commercial purposes. In this regard, hyperlinks (links) that use the techniques of "Deep Linking", "Framing" and "In-Line Linking" and any type of integration of all or part of the Swatch Website into third-party sites are prohibited. Perdichizzi 1907 Srl declines all liability in the event of violation of these conditions and more generally with regard to any third-party site that may direct to the Website. In all cases, any hyperlink (link) to the Website must be withdrawn upon simple request by Perdichizzi 1907 Srl.
- Duration
12.1 These conditions apply for the entire duration of the online presence of the products offered for sale by Perdichizzi 1907 Srl on the Website and are subject to change. The applicable conditions are those in force on the day and at the time the order is validated by you.
12.2 Perdichizzi 1907 Srl reserves the right to modify and amend these conditions of sale at its discretion.
12.3 You will be subject to the policies and conditions of sale established and valid at the time of sending the order by you, unless the aforementioned changes and/or amendments are required by law or by Competent Authorities (in which case they will also apply to orders previously sent by you), or in the event that the aforementioned changes and/or amendments have been given to you duly notified in writing and before we send the relevant order confirmation (in which case Perdichizzi 1907 Srl reserves the right to presume that you have accepted the change, unless you yourself have not provided us with due communication of non-acceptance within 10 days of receiving our products.
- Product information
13.1 Perdichizzi 1907 Srl pays particular attention to placing online information relating to the essential characteristics of the products through technical data sheets accompanied by illustrative photographs, within the limits of the technique and in compliance with the best market standards.
- Various
14.1 Assignment of rights and obligations. The contract entered into is binding on us and our respective successors in title. You may not transfer, assign, encumber or otherwise dispose of the right to delivery of the products ordered and defined in this contract, without our prior written consent.
14.2 Validity. If any provision of these terms of sale is held to be unlawful or unenforceable by virtue of a judicial decision, the other provisions shall remain valid and applicable.
14.3 Electronic communication. When browsing our Website, you accept that all communication - in compliance with current legislation - is carried out electronically. The computerized records, saved in the computer systems of Perdichizzi 1907 Srl and its suppliers in reasonable conditions of security, will be considered as proof of orders, communications and payments made. Order forms and invoices are saved on a reliable and durable medium so as to correspond to a faithful and durable copy pursuant to Article 2220 of the Civil Code.
14.4 Contact address of Perdichizzi 1907 Srl.
14.5 Force majeure: We will not be liable for any failure to perform or delay in the performance of our obligations under this contract if they are caused by force majeure and in any case beyond our reasonable control, such as, by way of example and not limited to:
14.5.1 Strikes, lockouts, industrial actions;
14.5.2 Civil insurrection, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.5.3. Fires, explosions, hurricanes, floods, earthquakes, collapses, epidemics or other natural disasters;
14.5.4 Impossibility of using railways, ships, aircraft, road transport or other public or private means of transport;
14.5.5 Inability to use public or private communication networks.
14.6 Our performance under this Agreement shall be deemed to be suspended during the period in which such events beyond our control continue and we shall have an extension of time for each of our performances during the duration of such events. We will however use our reasonable diligence to bring the event to a close or otherwise to find a solution by which we may perform our obligations despite the event.
14.7 Waivers. If we fail during the term of the contract to insist upon performance of any of your obligations, or if we fail to exercise any right or remedy to which we are entitled under it, this will not be considered a waiver of such right or remedy and will not relieve you of your obligations under the contract. A waiver by us of a default by you will not be considered a waiver of any subsequent default by you. No waiver by us of any of these conditions of sale will be a waiver unless expressly stated and communicated to you in writing in accordance with paragraph 14.4 above.
14.8 Uniqueness of the agreement: these general conditions of sale and each document expressly referred to in them constitute the only valid agreement concluded between us and replace any other agreement whether in writing or orally. It is understood that by signing this contract, neither party has referred to any agreement, promise or obligation of the other, nor to any other obligation arising from oral or written agreements and prior to the aforementioned contract, unless expressly established in these conditions of sale. Neither party will have any remedy in relation to false statements made by the other party, whether in writing or orally, prior to the date of the agreement (unless such false statements were the result of fraud) and the only remedy available to the other party will be for breach of contract, as provided for in these conditions of sale.
- Applicable law and competent court
15.1 These conditions of sale and delivery are governed by Italian law. The competent court will be the Italian court with territorial jurisdiction under Italian law. The United Nations Convention on Contracts for the International Sale of Goods (CVIM) does not apply to these conditions. For any questions or requests for assistance in relation to the products of the Perdichizzi 1907 Srl brand, you can also go to one of our Perdichizzi 1907 Srl single-brand stores: our sales teams will do everything possible to answer all your questions.
- Protection of personal data
16.1 In compliance with the provisions of Legislative Decree 196/2003, containing the “Personal Data Protection Code” (hereinafter, the “Code”), Perdichizzi 1907 Srl will process your personal data in accordance with the principles of correctness, lawfulness and transparency, and will be carried out by protecting your privacy, your fundamental rights and freedoms, in compliance with the current legislation on the security and protection of personal data.
Online dispute resolution for consumers
The consumer resident 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 in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
The Owner is available to answer any questions sent via email to the email address published on this site.