Terms and Conditions of Sale
These General Terms and Conditions ("T&Cs") govern the purchases made by customers through the website https://casatogioielli.com ("Website"), through which it is possible to conclude distance sales contracts ("Contract"). Any updates (even partial or temporary) to these T&Cs will be published on theWebsite and will be effective from the date of publication, unless a different and later date is expressly specified.Purchases made through the Website are also governed by the Civil Code,Legislative Decree No. 70/2003 as amended, and, when the purchase is made by a natural person acting for purposes unrelated to business, commercial, handicraft or professional activities ("Consumer"), are further governed by Legislative Decree No. 206/2005 as amended ("ConsumerCode"). The seller is Casato s.r.l. (tax code and VAT number 04736421001),with registered office in Rome (RM) – 00196, Via Pasquale Stanislao Mancini No.12, certified email: amministrazione@pec.casatogioielli.com ("Seller").
1. OBJECT
The object of the contract is – unless more fully and precisely described on the Web Site– the sale of jewelry and precious items(“Product/s”). The Products are handcrafted to order and subsequently packaged and shipped to the customer.
2. CONCLUSION OF THE CONTRACT AND PURCHASE PROCEDURE
2.1. Pre-Order Information. Before submitting the order, the customer is provided with the following information: description of theProducts, price of the Products including taxes, payment methods, shipping times and costs. Through the General Sales Conditions (GSC), the customer may at any time become aware of the conditions, terms, and procedures for exercising the right of withdrawal, as well as of the existence of the legal guarantee on the Products.
2.2. Product Images. The images of the Products displayed on the Website must be considered merely representative. Considering that the Products are handmade by craftsmen, the Products purchased may present slight deviations from the images and descriptions shown on the Website, especially in terms of carat weight and color (no Product can ever be perfectly the same as another).
2.3. Order. At the time of purchase, the customer must provide complete, truthful, and correct data for executing theContract, identifying the purchaser, and processing payment and invoicing. By placing the order, the customer automatically certifies and guarantees that the information provided is complete, truthful, and accurate for the execution of the Contract and for identifying the purchaser, processing payment, and invoicing.
2.4. Order Confirmation and Contract Finalization. The Contract is deemed concluded upon the Seller sending the order confirmation email to the customer. The confirmation email, sent within three (3) days of the order submission, includes: a summary of the applicable contractual terms, details about the essential characteristics of the purchased Products, the total price, payment methods, withdrawal, delivery costs, and the shipping address. The customer is required to verify the accuracy of the information summarized in the before mentioned email and promptly inform the Seller of any inaccuracies/incompleteness by indicating the necessary corrections or modifications.
3. AVAILABILITY
3.1. The availability of Products indicated on the Website must be considered purely indicative, as Products are manufactured after receipt of the order and anomalies may occur such that a Product that is actually out of production appears as available for purchase.
3.2. Therefore, even after the order confirmation email has been sent by the Seller, cases of partial or total unavailability of the goods may occur. In such instances, the order will be automatically adjusted by removing the unavailable Product(s), and the customer will be immediately informed by email, phone, or any other contact provided. This communication will also include details regarding the methods and timing of any refunds for amounts already paid.
4. PRICES AND PAYMENT METHODS
4.1. The sale prices of the Products indicated on theWebsite are expressed in euros and include taxes. The Seller reserves the right to change the prices of the Products at any time, without prior notice.Customers are assured that the price charged will be the one indicated on theWebsite at the time the order is placed, except for any increases imposed bylaw, taxes, duties, and/or events beyond the Seller's control.
4.2. Shipping costs are not included in the price but are indicated and calculated at the conclusion of the purchase process, before payment. Sales prices and shipping costs do not include any taxes or duties applicable in destination countries other than Italy, which shall be borne by the customer.
4.3. Payment can be made via credit/debit card, PayPal, and promotional code.
5. DELIVERY AND SHIPPING
5.1. Countries. The Seller ships Products exclusively to the following countries: Italy, Bulgaria, Cyprus, CzechRepublic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania,Slovakia, Slovenia, Andorra, Australia, Canada, Gibraltar, Hong Kong, Japan,Liechtenstein, New Zealand, Norway, Singapore, Switzerland, United Kingdom,USA, Croatia, Austria, Belgium, Denmark, Finland, France, Germany, Greece,Ireland, Luxembourg, Monaco, Netherlands, Portugal, Spain, Sweden.
5.2. Timing. To process the order and hand it over to the courier, the Seller reserves a period of 20 (twenty) working days starting from the sending of the order confirmation. Orders received onSaturdays and Sundays are processed starting from the following Monday. Orders received on a public holiday are processed starting from the next non-public holiday. During holidays and sales periods, the times indicated above may vary.Products are shipped by express courier and delivery times vary depending on the country of destination: in Italy, except for specific areas such as mountainous municipalities and islands, delivery times are 24/48 hours; in EU and non-EU countries, delivery times are 2-3 days for countries borderingItaly and up to 20 days for those further afield.
5.3. Costs. Shipping costs are indicated to the customer before the order is placed and reiterated in the order confirmation.
5.4. Non-essential terms. Unless otherwise explicitly agreed in writing between the Seller and the customer, and in compliance with mandatory legal provisions, the shipping times, however stated, are merely indicative for the Seller and do not constitute essential terms pursuant to Article 1457 of the Italian Civil Code.
5.5. Delays. The Seller is exonerated from liability for delays caused by force majeure, unforeseen circumstances, strikes, earthquakes, floods, and other similar events, natural disasters, epidemics or pandemics, material supply difficulties, work suspension imposed by public authorities, changes in the purchase order, delays of the shipping shipper/courier. The occurrence of the events listed above does not entitle the customer to claim damages or compensation of any kind, except in the case of wilful misconduct or gross negligence on the part of the Seller.
6. CONSUMER WITHDRAWAL
6.1. Right of withdrawal. Without prejudice to the exceptions outlined in Article 59 of the Consumer Code, the consumer customer has a period of 14 (fourteen) days to withdraw from the Contract without providing any reason and without incurring costs other than those specified inArticle 56, paragraph 2, and Article 57 of the Consumer Code. The period of 14(fourteen) days to exercise the withdrawal starts from the day on which theConsumer or a third party, other than the carrier and designated by theConsumer, takes physical possession of the Products. In the case of multipleProducts ordered by the Consumer in a single order and delivered separately, the term starts from the day in which the Consumer or a third party, other than the carrier and designated by the Consumer, takes physical possession of the last Product.
6.2. Methods of exercising the right of withdrawal. The Consumer who intends to exercise the right of withdrawal must notify the Seller through an explicit declaration, which can be sent exclusively by registered letter with return receipt, to the address where the Seller is based, or by email to cc@casatogioielli.com. In the event that the right of withdrawal is exercised, the Consumer must return the Products to the Seller or to a third party authorized by theSeller to receive them, without undue delay and, in any case, within 14(fourteen) days from the date on which he communicated to the Seller his decision to withdraw from the contract pursuant to article 54 of the ConsumerCode. The deadline is met if the Consumer returns the Products before the expiry of the 14 (fourteen) day period. The Products must be in perfect condition (including original packaging, accessories, tags/labels, and the original box) and accompanied by a copy of the order or order number. It is the Consumer's responsibility to package theProducts appropriately to ensure they arrive in good condition to the Seller.Otherwise, the Seller will return the Product to the sender and charge the corresponding shipping costs. The Products can be delivered in person to the Seller's office at ViaGiacomo Leopardi 26, 20123 Milan (MI), during business hours, or shipped to the same address using the courier selected by the Seller. The shipping costs for returning the Products to the Seller are borne by the Consumer.
6.3. Consequences of withdrawal. When the Products are eligible for the right of withdrawal under the law, the Consumer who timely withdraws from the Contract may receive a refund for the amount paid for the returned Products. The refund will be processed within 14 (fourteen) days from the date the Seller receives the Consumer's communication of withdrawal.However, the Seller may withhold the refund until the returned Product is received or until the Consumer provides proof of correct shipment of theProduct. Returns of Products that occur after this deadline shall not be accepted. The Consumer only bears the direct cost of returning the Products when exercising withdrawal from the order. The shipment, until the certificate of receipt at the warehouse indicated by the Seller, is under the complete responsibility of the Consumer; the Seller is not liable in any way for damages, theft, or loss occurring during or resulting from the return shipment.
7. SIZE EXCHANGE
7.1. As a partial exception to the provisions outlined in Article 6, the following provisions apply in cases where the customer wishes to change the size of the purchased Product. The size exchange request must be sent to the Seller via email to cc@casatogioielli.com, specifying (a) full name, (b) order date and order number, (c) the Product to be exchanged, including the purchased size and the desired size, (d) phone number and email address, and attaching a copy of the order confirmation. The request must be received within 14 (fourteen) days from the date the customer or a third party, other than the carrier and designated by the customer, takes physical possession of the Products.
7.2. No later than 14 (fourteen) days after the request for exchange, the Customer shall return the Products to the Seller (or to a third party authorized by the Seller to receive them) in the manner provided for in Article 6.2.
7.3. Once theSeller has taken physical possession of the Products, we reserve 3 (three) days to assess the extent of the required alteration and inform the customer about the possible modification methods. Where possible, the Seller will retain theProduct and return it to the customer once modified, with shipping costs borne by the customer. Otherwise, the Seller will issue a voucher with a value corresponding to the returnedProduct, valid for 6 (six) months. The customer may then use it either to purchase a Product of a different size to the returned Product (if available),or to purchase a different Product.
8. LEGAL WARRANTY OF CONFORMITY
8.1. The Products sold by the Seller through the Website are covered by the legal warranty, pursuant to articles 128 and following of the Consumer Code. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Products in respect to theContract and that manifests within two years from such delivery.
8.2. Unless proven otherwise, defects of conformity that become manifest within one year from the Product's 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.
8.3. In the event of a conformity defect duly reported within the limitation period of twenty-six months from delivery, the Consumer shall have, in the first instance, the right to have the goods repaired or replaced (so-called primary remedies) or, if this is not possible, to have the price reduced or the contract terminated (so-called secondary remedies).
8.4. In order to benefit from the warranty service, theConsumer shall keep the invoice of the purchased Product.
9. COMPLAINTS,APPLICABLE LAW, AND JURISDICTION
9.1. Complaints. Any complaints must be submitted in writing, either by certified email (PEC) to amministrazione@pec.casatogioielli.com or by registered letter with return receipt to the address Via Giacomo Leopardi26, 20123 Milan (MI), Italy.
9.2. Jurisdiction and applicable law. Except in cases where otherwise required by mandatory legal provisions, the Contract is subject to Italian jurisdiction and Italian law, with the exclusion of the rules of international law regulating the conflict of laws.
9.3. Jurisdiction. If the customer is a Consumer, any disputes concerning the application, execution, interpretation, and violation of the Contract shall be subject to the territorial jurisdiction of the court where the customer has their residence or domicile, if located in the territory of the Italian State.
9.4. ODR. In any case, it is possible to optionally recourse to the procedures for the resolution of any disputes arising in the interpretation and execution of these GTC by accessing the following website: http://ec.europa.eu/consumers/odr.