TERMS AND CONDITIONS OF SALE – LAMYAJEWELRY© REV . 01
Art. 1. Preamble
Lamyajewelry© , with headquarters in San Marco 3310 Venice, Italy, a brand of and represented by mr. Dario Rjeili (VAT nr. 04694550270), at the aforementioned address domiciliated, offers an ecommerce intermediation service through the website https://lamyajewelry.com/ for the ideation, creation, intermediation and sale of craftsmanship jewels exclusively to consumer buyers. In compliance with the rules and regulations in force for such activities and for the detention and sale of precious objects (meaning object made of or containing gold, silver, platinum and palladium and/or precious gems) Lamyajewelry© nor its representative have in any moment the physical availability of the precious object purchased on the website and are therefore not subject to the release of the public license ex 127 Italian “T.U.L.P.S.”.
With the exception of special conditions offered to the User according to the provisions of art. 6 and / or any subsequent regulatory provisions, these general conditions of sale , hereinafter briefly "Conditions", must be understood to prevail over any other agreement, agreement and / or convention entered into for any reason between Lamyajewelry© and the User, unless, in each case, the express acceptance by Lamyajewelry©. In the event of discrepancies between the proposal made by you and these General Conditions of sale, the latter shall prevail.
Art. 2. Terms and definitions
For the purposes of these Conditions and the annexes, the following definitions are given:
- Users Area : section of the Site reserved for Users;
- Consumer : any natural person who buys goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to Lamyajewelry©. Please note that only consumers for personal use are allowed to purchase goods on Lamyajewelry©, that therefore reserves itself the right to refuse its services in case of a reasonable doubt that the User is not a consumer or is not purchasing for personal use;
- Artisan: the jewel artisan (as to indicate a professional producing the goods personally or at a small, non-industrial scale) identified by the User and/or Lamyajewelry© for the creation and production of a specific good;
- Products : craftsmanship and original jewels (such as ring, necklace, etc.) produced on the User’s specification and customized by the Artisan, as well as any product offered on the Site for purchase in ecommerce mode, thus excluding projects and other intellectual work;
- Service : offer and sale on the Site of Products according to the terms and methods indicated in these Conditions;
- Pre-order : the request - through the ecommerce platform - made by the User and the deposit payment for the expenses sent to Lamyajewelry© to start processing the order, identify and contact the best available Artisan, start designing the jewel and creating a non-precious 3d model on the User’s specific request and customizations;
- Site : the website at the address https://lamyajewelry.com/;
- User : the natural person who uses the Service for personal use following Registration or in any case through - directly or indirectly - the ecommerce page https://lamyajewelry.com/account/login?return_url=%2Faccount or the "Cart ";
- Registration : filling in the form in the registration directory followed by the assignment by Lamyajewelry© of a " User code " and "User name" ;
- Proposal: selection and insertion of Products in the "cart" directory and subsequent access to the User area and / or insertion of billing data, containing information relating to the selected Products and the conditions of sale;
- Courier : the legal or natural person in charge of the material delivery of the Products after the purchase made by the User.
Art. 3. Object of the contract
This sales contract , hereinafter briefly "Contract", will be understood as concluded between the User and Lamyajewelry© , hereinafter briefly "the Parties" or "the Party".
The Artisan is not a contract party, however his/her name and business contacts shall be known to the User for the purpose of art. 9 – Guarantees and as a guarantee of craftsmanship origin of the jewels.
Art. 4. Availability of products
All the product (jewel) sold by Lamyajewelry© are original and/or craftsmanship good specifically created upon User-client’s request, therefore the availability depends on the feasibility of the jewel for fully customized good and – in any case – on the availability of a Artisan to create the good. The jewel displayed on the website are shown only for demonstrative purposes and as model example.
The User can Pre-order the products currently present on the Site as model example jewel as well as submitting its own design idea. In any case, the proposal will be subject to acceptance by Lamyajewelry© as indicated in art. 5. In case of design ideas submitted by the User, this must use the page https://lamyajewelry.com/pages/custom in order to contact Lamyajewelry©, that will do a brief evaluation of the probability of finding an Artisan able to create the jewel, before placing a Pre-order.
Both for the Pre-orders and the Orders, the acceptance may take place automatically through the Site (following a confirmation by email ).
In case the User places a pays a Pre-order on a model example of jewel shown on Lamyajewelry© that happens to be not anymore available, the User shall have the right to immediate refund, unless he/her prefer to choose or submit another design available/feasible.
Art. 5. Acceptance of the pre-order/ Acceptance of the Order / Conclusion of the contract
The Contract will be executed through the following stages:
- By sending the Proposal of pre-order by selecting the " complete the purchase " button on the website, the User will send Lamyajewelry©a purchase proposal for the Product or Products selected. The submission of the Proposal will be valid as consent according to the law to receive subsequent communications from Lamyajewelry©, described below, aimed exclusively at the conclusion and execution of the Contract . Upon sending the proposal, the User must accept these Terms and Conditions; non-acceptance will make it impossible to proceed with the purchase, unless otherwise agreed separately with Lamyajewelry© outside the website.
- Lamyajewelry©will communicate by e-mail (previously selected at checkout) User receipt and acceptance of the proposal of pre-order, assigning an order number to be used in any further communication with Lamyajewelry©.
- Following receipt of the confirmation email , subject in any case to the successful completion of the payment according to the payment data entered during registration, the sales order will be considered accepted and the Contract concluded for the Pre-order phase.
After this , Lamyajewelry© will send any gift advertised on the website and verify the actual feasibility of the Product or Products with its own Artisans (including the availability of precious metal and gems), contacting and agreeing with the User any design change eventually needed. Then, Lamyajewelry©’s Artisan will design the jewel and Lamyajewelry©’s will produce and ship to the User a 3d model of the Product.
In case of unavailability and / or changes in the final price and / or impossibility to create the Product, Lamyajewelry© will communicate the impossibility of proceeding with the Order phase and creation of the actual jewel. Please note that the payment made for the Pre-order phase cannot be refunded in this latter case, being the compensation for an intellectual service obligation performed by Lamyajewelry© and the Artisan involved, as well as for the creation of the customized 3d model.
- If the Pre-order phase and the 3d model are of User’s satisfaction, this shall choose to proceed with the Order phase, following again the aforementioned procedure at § I. and II. for the proposal of purchasing the actual jewel and the payment of the balance (deducted the amount paid for the pre-order phase).
- If the Proposal is accepted, Lamyajewelry©will send an and email confirming the conclusion of the Agreement and contact the Artisan for the production of the jewel.
- During the conclusion of pre-order and order phases, the User must first authorize the payment using one of the different methods indicated in art. 7.
- Following the payment and conclusion of the Order phase and the production of the jewel, Lamyajewelry© will then arrange the delivery of the Product or Products in the manner and terms of shipment and return of § 8.
Art. 6. Commercial promotions and resale
Lamyajewelry© will regulate every initiative of a promotional nature from time to time, by way of example, but not limited to: gifts, prizes, access to limited collections. These promotions will in any case always have strictly personal value for the individual User and will not be transferable.
The resale of the product for commercial purposes is not allowed and the resale for personal purposes – if made within 1 year from the purchase – must be notified in advance to Lamyajewelry©, that will have the faculty to repurchase the jewel at its original sale price. In any case the resale shall be at the exclusive responsibility of the User-reseller and is not allowed for a price inferior to the one paid to Lamyajewelry©.
Art. 7. Payment
The price of the Product or Products must be paid by the User by choosing one of the following methods:
- Credit card. The User will use the service offered by the service provider (e.g. Visa, Mastercard , Maestro, Amex) and connect, following the instructions on the Site, to the secure circuit of the service providers that guarantee independently and exclusively confidentiality data and the security and efficiency of transactions. The User will enter the data relating to the credit card directly on the server managed and guaranteed directly by the service provider. The User must therefore accept the general terms and conditions prepared by this service provider in order to access the service. Lamyajewelry©is therefore not responsible and for any damage caused to the user during this procedure.
- PayPal®, Google Pay®, Apple Pay®, Shop Pay®. The User must make the payment through the platform and systems offered by the aforementioned provider. Lamyajewelry©declares to adhere to the providers conditions of sale as a user of the service. Lamyajewelry©is not responsible for any damage caused to the User by the use of the providers services .
- Bank transfer . To make the payment via the bank transfer method, the User must pay by means of a payment order from his own bank to that of Lamyajewelry©, according to the instructions provided during the purchase phase . Payment by bank transfer will be considered made only and exclusively on the date of actual crediting of the sums to the current account indicated by Lamyajewelry©.
In no case Lamyajewelry© has the availability of the bank and / or payment data of the User, who remains - together with the payment system provider - the only person responsible for the security and processing of such data.
Art. 8. Delivery and Return Policy for Consumer Users
- Delivery will be executed by an express courier specialized in logistic of precious object. The goods will be delivered to the address that the user will communicate during the forwarding of the proposal and / or registration on the Site, directly from the Artisan shop, without the detention of Lamyajewelry© in any given moment. Lamyajewelry©will undertake to ship via primary carriers of its choice to the address indicated by the user in the Proposal in the countries for which the service is offered and will keep, at least until actual delivery, the shipping documents and / or the tracking number to be made available to the User (so-called tracking number) . Without prejudice to the application of promotions expressly and temporarily provided for at the time of purchase, the transport costs are charged to the User and will be equal to the amount indicated in the Proposal. Without prejudice to the rights arising from the carrier insurance, the Products always travel at the risk of the User-buyer , in accordance with the provisions of art. 1510 of Italian Civil Code, without prejudice to the provisions of paragraph 1.2 below.
- Upon receipt of the Product, the User must check the external appearance of the packaging. In the event of significant and serious deformations or damage to the packaging itself beyond normal tolerability, the User must refuse delivery - in all cases where this is possible - and immediately notify Lamyajewelry©of the refusal , attaching to the communication all the necessary photographs (which must take the packaging back before opening). Lamyajewelry©will, in the shortest possible time, verify with the Courier and the Artisan the problem and offer a solution to the User. In any case, in the absence of the refusal to receive the goods - where possible - and / or acceptance, as well as immediate communication to Lamyajewelry©, the Product will certainly be considered accepted .
III. The delivery times indicated by Lamyajewelry© must be considered purely indicative, without assuming any commitment or guarantee of respect for them by Lamyajewelry© and will always remain the sole responsibility of the Courier to ensure compliance with the same according to the times and methods that the same will consider adopting.
8.2.Right of return if the user is a consumer
- All the Product sold by Lamyajewelry© are craftsmanship goods heavily customized on The User-Consumer’s measures, specifications and tastes and therefore are not subject to the legal right to unconditional withdrawal from the Contract and consequent reimbursement. Nontheless Lamyajewelry© offers a full refund policy, with the sole exception of the Pre-Order cost, if the User-Consumer notify the willingness and the reasons to refund and return the Product within 14 days from delivery.
- In case of return, Lamyajewelry© will communicate to the User, in the shortest possible time, instructions on how to return the goods that must take place within the next 30 days with effect from receipt of the notice.
III. The right of return and reimbursement cannot be exercised in the following cases:
- for only a part of the Product (e.g. accessories, single components of the set , etc ...);
- for Product that is not intact (except in cases of non-collection due to damaged packaging) and / or not in the original packaging and in any way not complete in all its parts (including any documentation and accessory equipment);
- In case the User as a buyer does not offer any reason at all for the request;
III. Without prejudice to any costs for restoring the original packaging , Lamyajewelry© will refund the entire amount already paid by the User with exclusion of the Pre-Order amount, within a maximum term of 30 days from the date of returning of the Product. The refund will be made at the same payment coordinates indicated in the Proposal phase, unless otherwise indicated by the User to be accepted by Lamyajewelry© at its discretion.
Art. 9 . Guarantees
All Products sold by Lamyajewelry© are guaranteed with regard to their safety for the aesthetic and material compliance (including regarding precious metal and gemstone quality) with what is indicated on the Site. Apart from the precious metal and gemstone quality, Lamyajewelry© does not do any representation or offers any guarantees on the future commercial value of the Products and the User acknowledges that the Products are not meant and/or sold by Lamyajewelry© in any case as a saving and/or investment instrument. In order to take advantage of the guarantee, the User must keep the invoice or delivery note delivery that you will receive enclosed with the purchased Product. Any imperfections and slight aesthetic defects are to be considered a normal consequence of the craftsmanship of the Product and do not give the right to enforce the Guarantee.
Art. 10 . Limitation of Liability
Any guarantees and legal reimbursements for product defects are in any case limited to 100% of the purchase price of the defective Product, deducted in any case the costs of Pre-Order and other tailored intellectual activities carried out on User’s demand.
It is excluded any User's right to damages or compensation, and any contract or tort liability, for any direct or indirect damages to persons and / or property caused by improper use of the Product or the Products under the Contract, except as provided to art. 1229 of the Italian Civil Code.
Lamyajewelry© will not be liable for defects in conformity of the Product , if the same is used in a manner different from what is indicated and / or communicated by Lamyajewelry©, that is accessory for fashion and personal aesthetic use. It is responsibility of the User to indicate before the purchase eventual allergies to specific metals and other chemicals commonly used in the production of jewels.
Art. 11 . Major force
Lamyajewelry© will be released from the obligation to fulfill and execute this Agreement due to force majeure, temporary or definitive, such as (by way of example but not limited to) epidemics, strikes, arrests or accidents, fires , regulatory changes and acts of Authority and for any other cause occurring at the outside of the control of Lamyajewelry© and/or affect itself or the Artisans involved, even if pre-existing, which prevent or aggravate the total or partial execution of this Agreement.
Art. 12 . Best efforts
The Parties undertake to execute this Agreement in good faith and to fulfill or to ensure that the obligations set forth herein are fulfilled in good faith, and to draw up and deliver any document or instrument or to perform any act that is reasonably necessary for the purposes of the this Agreement, even if such instruments and shares are not subject to a specific obligation imposed by this Agreement.
Art. 13 . Binding Nature of the General Conditions
This Agreement will be binding on the Parties and their respective legal representatives, successors and any successors in title.
Art. 14 . No waiver
The renunciation of the exercise of a nascent right of this Agreement can be made only by written deed and signed by the Party in respect of which the renunciation must have true effect, by this also being understood communications by email.
Failure to exercise, or renounce to exercise, or a partial and isolated exercise of any right arising from this Agreement, will not be considered in any way as acquiescence , nor will it affect in any way the exercise of this right or any other right arising from this Agreement, or the right to demand the fulfillment of the obligations of the other Party, it being understood, unless otherwise provided for by this Agreement, that the rights and remedies arising are cumulative and not exclusive to each other.
All the Products and designs shown and/or produced shall be deemed as covered by the exclusive copyright of Lamyajewelry©, with express prohibition of creating unauthorized copies. The User that has actually purchased a Product, if and when posting online photos of it, is requested to give explicit recognition of the Lamyajewelry©’s origin, while non-purchaser Users are prohibited to do so.
Art. 15 . Communications
All necessary communications, authorizations, questions and requests permitted or imposed against a Party in accordance with the provisions of this Agreement must be made by e- mail or registered mail respectively to the addresses and / or numbers indicated by the User in the Proposal and from Lamyajewelry© to the following addresses: mail: e- mail : firstname.lastname@example.org ; https://lamyajewelry.com/pages/contact-us or to any other address or number that Lamyajewelry© will communicate to the User.
Art. 16. Privacy
Pursuant to the law laying down provisions for the protection of persons and other subjects regarding the processing of personal data, the data provided by the User may be processed, directly or even through third parties, as well as to comply with the obligations established by law, by a regulation o by community legislation and in particular to fully implement all contractual obligations
The processing of the User's personal data will take place using paper or computer and / or telematic supports also by third parties for whom the knowledge of your personal data is necessary or in any case functional to the performance of our Company's business; in any case, the processing will take place in a manner suitable to guarantee its security and confidentiality.
Art. 17 . Applicable law
This Agreement is governed by the Italian Law and construed in accordance to the same.
Art. 18 . Jurisdiction
In the case of the User-Consumer, for all disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory of the EU.
In cases not covered by the preceding paragraph, all disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution will be the exclusive competence of the Judicial Court of Venice, also for any claims for guarantee, damages or, in general, relating to payments.
Pursuant to art. 1341 of Italian Civil Code and following articles, as well as with regard to the Italian Consumer Code, if applicable, the User, with the Registration and / or the Purchase Proposal, specifically approves the following clauses: art. 6 Commercial promotions and resale; art. 8 Delivery and Return Policy for Consumer Users; art. 9 Guarantees; art. 10 Limitation of Liability; art. 11 Force majeure; art. 17 Applicable law; art. 18 Jurisdiction.