GENERAL TERMS AND CONDITIONS OF SALE
The Purchaser hereby expressly make the purchase for purposes which are outside his trade or profession carried on.
The products purchased on quidline.com are sold directly by Quid-iamond S.r.l. has its registered office in Napoli (Italy) at Via Michelangelo Schipa, 91, business register number at Camera di Commercio di Napoli n. 733331, tax code and VAT number 03156440616, fully paid share capital of EUR 583.082,76. Requests for information should be made through our Customer Care: email@example.com
1.1 Quid offers products for sale on quidline.com and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”. These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on quidline.com between the users of quidline.com and Quid-iamond.
1.2 “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on quidline.com.
Quid reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with Quid’s business policy.
1.3 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on quidline.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions. Under no circumstances shall Quid-iamond be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of quidline.com and third parties.
2. CONTRACT OBJECT
2.1 With this contract, respectively, the Supplier sells and the Purchaser buys in remotely via telematic tools (articles of goldsmiths custom products with precious and non-precious materials) the movable property listed and offered for sale on the site www.quidline.com
2.2 items of jewelery shown in the catalog of the vendor’s site are made on the original drawings of the supplier and must tailored to explicit requirements of the buyer. The lack of customization makes it impossible for the object chosen by the closing of the purchase and the end of the online process.
2.3 The products referred to above are shown in the web page: www.quidline.com
3. MODE OF AWARD OF CONTRACT
To place an order for the purchase of one or more products on quidline.com, you must fill out the online order form and send it electronically to QUID, following the relevant instructions. The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all
applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs, and references to the terms and conditions for returning purchased products.
4. CONCLUSION AND EFFECTIVENESS OF AGREEMENT
4.1 An order shall be deemed submitted when QUID receives your order form electronically and the order information has been verified as correct.
4.2 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
4.3 The order form will be filed in our data base for the time required to process your order and as
provided by law.
payment, return policy and shipping costs).
4.5 We would like to remind you that all items purchased are intended for use in the country they were
ordered from. If, however, you decide to take the items to another country, you will be responsible for
adhering to both the exportation legislation of the order country and the importation legislation of the destination country. QUID shall not be held liable.
5. RULES OF PAYMENT AND REFUND
5.1 Any payment by the Purchaser can only be made by one of the methods indicated in the web page by the Supplier, without any increase that is expected between the different methods of electronic payment.
5.2 The reimbursement will be granted solely in the case of non-delivery of the goods within the time referred to in art. 6. These are necessarily custom objects on the buyer’s choice, has no right of withdrawal, as provided by art. 55 2 letter c) of the Consumer Code.
5.3 All communications relating to payments are made on a special line of Supplier protected by encryption system. Supplier warrants the storage of this information with another layer of encryption and security in accordance with the provisions of current regulations on personal data protection.
6. TIMING AND METHOD OF DELIVERY
6.1 The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser or mentioned on the website at the time of supply of the good, as confirmed in the e-mail referred to in point 4.3.
6.2 Since the mandatory items and custom -made products by the buyer of the shipment times can vary from 20 working days to a maximum of 40 working days from the date of order confirmation. In the event that the Supplier is unable to ship within this period but in any event within one shown in the following section , it will be given timely notice by e -mail to Buyer.
6.3 The procedures , time and costs are clearly stated and well highlighted at www.quidline.com .
7.1 All sales prices of the products shown on the website www.quidline.com are expressed in Euro/Dollars
and are offered to the public pursuant to art. 1336 cc
7.2 In Italy, all sale prices referred to in the preceding paragraph include VAT and shipping costs.
7.3 In case of delivery to countries outside the EU, all sale prices referred to in paragraph 7.1 are inclusive of VAT. However, shipping charges are shown at time of order and accepted by the submission of the order.
These shipping costs do not include any taxes, duties or import taxes and customs charges applicable in the
country of destination, where such costs may be different from those incurred in Italy and will be charged to the customer pursuant to local law.
7.4 Any taxes , duties or import taxes and customs charges are not calculated at the time of submission of
the order because customs policies vary widely from country to country. We therefore invite buyers to
contact your local customs office for further information.
7.5 International customers are considered importers and are therefore required to comply with all laws and regulations of the country in which they will receive the goods. Cross-border deliveries may also be subject to possible opening of parcels and inspection of the goods by the customs authorities.
7.6 The prices indicated in respect of each of the products offered to the public shall be valid until the date
indicated in the catalog.
8. AVAILABILITY OF PRODUCTS
8.1 The Supplier warrants through the electronic system used processing and delivery of orders without delay . To do so indicates , in its electronic catalog , THAT EACH SUBJECT ordered, purchased and custom , must be specially produced , an indication of the timing of production and shipping .
8.2 If an object should not be produced , the Supplier will make it known on the page to fill in the application form.
8.3 The computer system of the Supplier as soon as possible to confirm the registration of the order by sending you a confirmation e-mail, in accordance with point 4.3.
9. LIMITATIONS OF LIABILITY
9.1 The Supplier shall not assume any liability for disruptions caused by force majeure , in the case fails to execute the order within the time stipulated in the contract .
9.2 The Supplier shall not be liable to the Buyer , except in the case of willful misconduct or gross negligence , for outages or malfunctions related to the use of the Internet outside of its control or its sub-contractors .
9.3 The Supplier will not be liable for any damages , losses and costs incurred by Buyer as a result of failure to perform the contract for reasons not attributable to him , as the Buyer entitled to a refund of the price paid and any additional charges incurred only in the event of non-delivery of the purchased object .
9.4 The Supplier shall not assume any responsibility for any fraudulent or illegal use that may be made by third parties , credit cards , checks and other means of payment, when payment for goods purchased if it proves that it has adopted all possible precautions based on the best knowledge and experience of the moment and on the basis of ordinary diligence .
9.5 In no event shall Buyer be liable for delays or mistakes in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.
10. ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR INCORRECT
10.1 If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using the QUID approved courier (as indicated on the Return Form), or by refunding your return postage costs).
10.2 You must notify QUID of an error in respect of the products delivered or of a damaged or defective product within thirty (30) days of receipt, if a product becomes faulty after the thirty (30) days please contact Customer Care to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.3 To return the products:
• you should notify us in writing as soon as practicable and in any event within thirty (30) working days, by completing and submitting the online Return Form. You should keep a record of your cancellation notice;
• the products should not have been used, worn, washed or damaged;
• the identification tag should still be attached to the products with the disposable seal;
• the products should be returned, complete and unused, with their original packaging (in the case of audio CDs, books, design objects, jewellery, designer toys and adult toys, the packaging should include its original seal; if you want to return a kit, it should include all of its components);
• the products should be returned to QUID within seven (7) working days following notification to QUID of the damaged or defective product or QUID error.
10.4 You can return the products to QUID either by:
• the approved courier (as indicated on the online Return Form) via the pre-paid, personalised return label enclosed in your original order; or
• by packaging the relevant products securely and sending them to QUID using your return number (as provided via the online Return Form). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 9.4(a).
10.5 QUID will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within thirty (30) days of the day we confirm to you via e-mail that you are entitled to a refund for the damaged or defective product. Subject to acceptance by QUID of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to QUID. In the event that QUID find no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery QUID reserve the right to retain the products and the purchase price and recover QUID’s fees and expenses from you.
11. WARRANTIES AND CONDITIONS OF SERVICE
11.1 The Supplier is liable for any lack of conformity which becomes apparent within two years after delivery of the goods.
11.2 For the purpose of this contract is assumed that the consumer goods are in conformity with the contract if , where relevant, the following circumstances exist : a ) are fit for the purposes for which goods of the same type are normally used ; b) comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect , given the nature of good and if applicable, any public statements on the specific characteristics of the goods made about them by the seller, the producer or his agent or representative, particularly in advertising or on labeling , d) are also suitable for the particular use for which the consumer and it was to be made known to the seller at the time of conclusion of the contract and which the seller has accepted , also implicitly .
11.3 The Buyer loses all rights to the seller if it denounces the lack of conformity within two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed .
11.4 In any case, unless the contrary is proved , be presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date , unless this presumption is incompatible with the nature of the goods or the nature of the defect of conformity.
11.5 In the event of lack of conformity , the Purchaser may request , either without charge , under the conditions described below, the repair or replacement of the item purchased, a reduction of the purchase price or the termination of this contract , unless the request is not objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4 , of the Consumer Code .
11.6 The request should be sent in writing , by registered mail , to the Supplier , which will indicate their willingness to act on the request, or the reasons that prevent them from doing so within seven working days of receipt . In the same communication , where the Supplier has accepted the Purchaser’s request , shall indicate the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods .
11.7 If repair and replacement are impossible or excessively expensive , or the supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally , replacement or repair carried out previously have caused significant inconvenience to ‘ Buyer , they may request , at its option, an appropriate reduction of the price or the contract rescinded . The buyer will then have to send their request to the supplier, who will indicate their willingness to act on the same , or the reasons that prevent him from doing so within seven working days of receipt .
11.8 In the same communication , where the Supplier has accepted the Purchaser’s request , shall indicate the proposed price reduction or how to return the defective goods . It will charge the Buyer in such cases indicate how the crediting of amounts previously paid to the Supplier .
12. BUYER’S OBLIGATIONS
12.1 The Buyer agrees to pay the price of the goods purchased in the time and manner specified in the Contract.
12.2 The Buyer undertakes, once the purchase process online, in print and provide for the conservation of this contract.
12.3 The information contained in this contract were, however, already been examined and accepted by the Purchaser, which shall act, as this step is mandatory before purchase confirmation.
13. RIGHT OF WITHDRAWAL
13.1 Being compulsorily custom objects on the buyer’s choice, has no right of withdrawal, as provided by art. 55 2 letter c) of the Consumer Code.
13.2 Only in the case in which the supplier has failed to fulfill the information requirements of the nonexistence of the right of withdrawal pursuant to Art. 52 of the Consumer Code, the period for exercising the right of withdrawal is 12 (twelve) months from the date of receipt of the goods by the consumer.
13.3 In the event the Purchaser may exercise the right of withdrawal, must notify the seller by registered mail Goldsmith Centre at the Tari area South Asi Mod 156 81025 Marcianise (Ce) or by fax to the number 0823/513 151 or by email to e-mail firstname.lastname@example.org, provided such communications are confirmed despatch registered mail Goldsmith Centre at the Tari area South Asi Mod 156 81025 Marcianise (Ce) within 48 (forty-eight) hours. Will prevail between the parties the stamp on the receipt issued by the post office. For the purpose of exercising the right of withdrawal, the sending of the notice may be validly replaced by the return of goods purchased, provided that the same terms. Will prevail between the parties, the date of delivery to the post office or the courier.
13.4 in the event of exercise of the right of withdrawal referred to in paragraph 2 of this Article, the return of good will in any case be later than 14 (fourteen) days from the day on which the supplier has been informed of the decision of the Purchaser to rescind the contract pursuant to Art. 13.2. In any case, for there to be entitled to a full refund of the price paid, the goods must be returned undamaged and in any case in normal condition.
13.5 The only expenses payable by the purchaser to exercise the right of withdrawal in accordance with this article is the direct cost of returning the goods to the Supplier unless the Supplier do not agree to accollarsele.
13.6 The Supplier shall refund the entire amount paid by the Purchaser within 14 (fourteen) days from the date on which it was informed of the decision of the Purchaser to rescind the contract under Art. 13.2, using the same means of payment as the consumer used for the initial transaction, unless otherwise agreed between the parties. The Supplier reserves the right to withhold the reimbursement until he has received the goods by the Purchaser or as long as the latter failed to provide proof of postage.
13.7 The Contracting Parties are dissolved by mutual contractual obligations only with the return of the goods by the Purchaser and refund of the price by the Supplier.
14. CAUSES OF RESOLUTION
14.1 The obligations referred to in paragraph 12.1 , assumed by the Buyer, as well as security for the payment to the Buyer using the means of art. 5.1 , and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6 are essential, so that by express agreement, the failure of one of these obligations , unless caused by unforeseeable circumstances or force majeure, result in the termination of the contract pursuant to article 1456 of the Civil Code, without any judicial decision .
15.1 Optional or compulsory communication of personal data
Communicating your personal data to QUID when requested in any of the many instances where personal data is collected through the site may be essential in order to achieve the purposes set down by the communication itself, or not prejudicial in this regard.
The compulsory or optional nature of the data provision is specified each time – with reference to the specific data requested – at the point of input for each data collection, by marking compulsory information with an asterisk (*).
If you refuse to communicate the information marked as compulsory to QUID , it will be impossible to achieve the main purpose of the specific data collection: such a refusal might, for example, make it impossible for QUID to fulfill the product sale agreement on quidline.COM or provide the other services available on quidline.COM (assistance – Contact Customer Care -, forwarding of the NEWS newsletter, use of the Dream Box).
Communicating additional data to QUID, other than those marked as compulsory (such as identifying your favourite designer), is optional and will not produce any consequences with regard to the main purposes of the collection (such as using the web site and its services or purchasing the products on sale, for example).
15.2 Data supervisors
Please contact our Customer Care or send us an e-mail at email@example.com if you would like to receive a full list of our data processors.
15.3 Your rights
You are entitled, at any time, to obtain confirmation from QUID that your personal data is or is not being processed, even if not yet registered, and its communication in an intelligible form.
In addition, you may always be entitled to obtain from QUID:
1. updating, correction and integration of your personal data;
2. cancellation, transformation into an anonymous form or the blocking of your personal data if processed in violation of the law, including the data deemed unnecessary for the purposes for which the data was collected or subsequently processed in the first place;
3. certification that the operations described at letters a) and b) have been notified, even with regard to their contents, to the persons to whom your data has been communicated or disseminated, except in those instances where such certification turns out to be impossible or would require a clearly disproportionate deployment of means compared to the right protected.
You do, in any case, have the right to totally or partially oppose:lower-alpha
1. processing of your personal data, for valid reasons, even if pertinent to the purpose of collection;
2. the processing of your personal data for the purposes of advertisement or direct marketing mailings, or if used for the purposes of market surveys or commercial communications.
You may freely exercise your rights at any time by sending a written request to QUID – to the mailing address or to the e-mail address firstname.lastname@example.org and we will reply promptly.
To ensure that your personal data is always exact, up to date, pertinent and complete, please advise us of any variations by writing to email@example.com
15.4 Art. 130, paragraph 4, Legislative Decree 196/2003
We wish to inform you that the law regulating protection of personal data permits QUID – without any obligation to obtain your prior consent – to use your data for direct selling activities involving products similar to those you have already purchased, unless you refuse to allow such use of the e-mail address you communicate to us.
Italian Privacy Authority Provision of 19 June 2008 on simplification of requirements for processing operations for administrative or accounting purposes
We also wish to inform you that the Italian Privacy Authority’s provision permits QUID to use your postal address for sending you – with administrative and accounting documents – adverts about products similar to those you have already purchased, unless you refuse to allow such use of the postal address you communicate to us.
For any information requests QUID can be contacted via e-mail at firstname.lastname@example.org or by phone at +39 0823/513151. For further information, go to the Customer Care area.
16. RULES OF CONTRACT FILING
Pursuant to Article 16.1. 12 of Legislative Decree 70/03, the Supplier shall inform the Purchaser that each order is sent is stored in digital / hard copy on the server / at the premises of the Supplier in accordance with criteria of confidentiality and security
17. GOVERNING LAW
17.1 Written communications to the Supplier and any complaints will be considered valid only when sent to the following address: Quidiamond Srl Via Michelangelo Schipa, 91 80122 Naples, or sent by fax to the number 0823/513 151 or sent via e-mail at the following address email@example.com. The Purchaser shall indicate on the registration form his residence or domicile, telephone number or email address where you want to be sent notices of the Supplier.
18. AMENDMENTS AND UPDATES
18.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Naples and settled in accordance with the Conciliation Rules adopted by it.
18.2 Where the Parties wish to appeal to the ordinary judicial authorities, the competent court is that of the place of residence or domicile of choice of the consumer, mandatory under del’art. 33, paragraph 2, letter u) of the Decree. n. 206/2005
19. APPLICABLE LAW AND REFERRAL
19.1 This contract is governed by Italian law.
19.2 As far as not expressly provided, the rules of law applicable to the relations and circumstances provided for in this contract, and in particular Article. 5 of the Rome Convention of 1980.
Pursuant to Article 19.3. 60 of Legislative Decree 206/05, which is expressly invoked the provisions contained in Part III, Title III, Chapter I of the Legislative Decree 206/05.
20. FINAL CLAUSE
This agreement cancels and supersedes all prior agreements, understandings, negotiations, oral or written, previously intervened between the parties and on the subject of this contract.