1.1. These general sales conditions applies to the purchase of products on the site "OpaleMio"(herein after “Products”) through the e-commerce website https://www.opalemio.com (herein after the “Website”) by users classified as “Consumers’’ pursuant to following article 1.2. The products covered by this contract are marketed by OpaleMio di Alessandro Gabrijelcic (herein after “OpaleMio”), tel. +39 0437 63178, with legal office in La Valle Agordina, via Ronche n. 29, C.F. GBRLSN62T27E098N with VAT code 01088230253 and registration number REA of Belluno 94567. OpaleMio is a registered trademark by CCIAA of Belluno number 0001412453.
1.2. The purchase agreement entered into between the consumer and OpaleMio shall be concluded with the acceptance, even partial, order by OpaleMio. By placing an order in the manner provided, the consumer declares that he has received and read all the information provided to him clearly and understandable during the purchase process, and accept the general conditions and payment below transcribed. It excludes any right of the Consumer to damages or compensation, and any contract or tort liability for direct or indirect damages to people and / or things, caused by the rejection, even partial, of an order.
1.3. Opalemio deals with the sale of Products through the Website as seller (herein after the ‘’Seller’’) and the subject who purchases one or more Products for scopes other than his entrepreneurial, business, craft or professional activity, as buyer (herein after the ‘’Consumer’’), (Seller and Consumer will be jointly referred to herein after as the “Parties’’).
1.4. OpaleMio is the holder of the rights on the Website name and domain, logos and trademarks, relative products presented on the Website and copyright on the Website's contents.
1.5. Any communication by the Consumer related and/or referred to the purchase of Products – including notices, claims, requests concerning the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. - shall be sent to the Seller at the addresses and according to the methods indicated on the Website, and at email address email@example.com.
1.6. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.
1.7. The Website is intended for retail sales. Should one or more sales be made by any subject other than a Consumer, these general sales conditions will be applied but, as exception:
a) the buyer will not be able to exercise the right of withdrawal as set forth by art. 10;
b) the buyer cannot benefit of the Product warranty indicated in art. 8;
c) no other benefits will be acknowledged to the buyer, foreseen herein in favour of the Consumer, which refer or comply with binding laws;
d) the sales agreement stipulated between the Seller and buyer will be regulated by Italian laws, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.8. Upon transmission of the purchase order, the Consumer agrees to receive confirmation of the information concerning the order placed and these general conditions via email at the address specified when registering to the Website or during the purchase process.
1.9. In order to make purchases on the Website, the Consumer must be of legal age (18 years old) and boast legal capacity.
1.10. The Consumer will be responsible for the fees to connect to the Website via Internet, including telephone fees, according to the rates applied by the operator chosen by the Consumer.
2. Characteristics of the Products and availability in different geographical areas
2.1. The Products are sold featuring the characteristics described on the Website and according to the general sales conditions published on the Website when the Consumer places the order, excluding any other term or condition.
2.2. The Seller reserves the right to amend these general sales conditions at any time, at his discretion, without being liable to provide any notice to Website users. Any amendments will be effective on the date of publication on the Website and will be applicable exclusively to the sales made since that date.
2.3. The prices, the Products for sale on the Website and their characteristics are subject to changes without notice. Before transmitting the purchase order according to following point 3, the Consumer is invited to check the final sales price.
2.4. Users worldwide can login the Website which may contain references to Products that may not be available or cannot be purchased in the country of the Website user.
2.5. The Products available on the Website can be purchased exclusively by users who request delivery, in the specific section of the Website, in one of the Countries listed on the Website.
3. Purchase methods of the Products – Stipulation of each single purchase agreement
3.1. The purchase order transmitted by the Consumer to the Seller through the Website represents a contractual offer and is regulated by these general sales conditions, which constitute an integral part of the same order that the Consumer shall accept in full without any objection, when transmitting the order to the Seller. Before purchasing the Products, by sending the purchase order, the Consumer will be requested to carefully read these general sales conditions and the policy on the right of withdrawal and press the saving button or reproduce a copy for personal use. Moreover, the Consumer will be requested to identify and correct any errors concerning the inputting of his data.
3.2. The Consumer’s purchase order is accepted by the Seller with the transmission of an order confirmation email to the Consumer, at the email address indicated by the latter to the Seller when registering to the Website or placing the order in case the Consumer is not registered to the Website, which will include the link to the text of these general sales conditions, the summary of the placed order and description of the characteristics of the ordered Product. The Consumer’s order, the order confirmation by the Seller and the general sales conditions applicable to the agreement between the Parties, will be filed electronically by the Seller in his computerised systems and the Consumer can request a copy by sending a notice to the Seller via email at firstname.lastname@example.org.
3.3. Each purchase agreement concerning the Products is deemed stipulated when the Consumer receives the order confirmation by the Seller via e-mail.
4. Procedure to select and purchase the Products
4.1. The Products presented on the Site, as described in the relevant information sheets, can be purchased through the selection of products of interest to the consumer and their insertion into the virtual shopping cart. It is understood that the images and videos accompanying the description of a product are as representative as possible of the specific characteristics of the product. With regard to general information on the website are representative of the product purchased. The Products presented on the Website can be purchased exclusively through the purchase procedure available on the Website; any purchase and/or booking attempts made via email, fax, or other medium other than the aforementioned purchase procedure, will not be acknowledged. This procedure foresees the selection of Products by the Consumer, by placing them inside the specific virtual shopping cart. After selecting the Products, in order to purchase and input them inside the cart, the Consumer will be invited to register to the Website by providing the requested information, or to login, in case the Consumer is already registered, or to provide his personal data in order to complete the order and stipulate the agreement. In order to make a purchase, the Consumer will be prompted to confirm his data (for example and not limited to: name, surname, etc.), the address where the selected Products will be delivered, the invoicing address and compulsorily, a telephone number in order to be able to be contacted for any notices concerning the purchase made, in case this information is different from that input during registration. The Consumer will visualize a summary of the order to place, where he can modify the contents: therefore, the Consumer, after reading them carefully, shall explicitly approve these general sales conditions by crossing the check-box on the Website and lastly, through the ‘’Order input’’ button, the Consumer will be prompted to confirm his order which will be transmitted to the Seller and will produce the legal effects set forth by previous paragraph 3.3. of this agreement. The Consumer will also be requested to select the shipping and payment methods, among those available. Should the Consumer select immediate payment (upon purchase) through credit card, PayPal or immediate bank transfer, he shall notify the relative information through secured connection. For accounting and administrative reasons, the Seller reserves the right to check the information provided by the Consumer. Should the payment be issued by credit card, the purchase amount will be exclusively charged upon transmission of the order confirmation by the Seller to the Consumer.
4.2. The correct receipt of the order proposal is confirmed by OpaleMio through an order confirmation via email, sent to the email address supplied by the customer. Such the message will contain a 'Customer Order Number', for use in any further communication with OpaleMio. The message will include all data entered by the customer who agrees to verify the correctness and communicate any corrections, as described in this document.
5. Delivery of goods and acceptance
5.1. In general, the Website indicates the Products availability and delivery timeframes, however this information shall be deemed merely indicative and not binding for the Seller.
5.2 The Seller will take any necessary measures to comply with the delivery timeframes published on the Website and in any case, to deliver within 30 (thirty) days from the day after the order was transmitted by the Consumer. Should the order not be processed by the Seller due to Product out-of-stock, even if temporarily, the Seller will notify the Consumer in writing and refund the sums potentially already paid by the Consumer for the Product, according to following paragraph 5.3.
5.3. The Website notifies the Product stock and out-of-stock in case a Product ordered by a Consumer is not available for delivery despite the order confirmation, and will immediately refund the Consumer, the sums already paid.
5.4. The Products ordered by the Consumer will be shipped according to the method selected by the latter, among those available and indicated on the Website when transmitting the order. The Consumer agrees to check with no delay, and anyhow within 3 (three) days from receiving the Products, that the delivery is correct and includes all and only the purchased products and shall notify the Seller within said term, about any defect found in the received products or inconsistency compared to the order placed, according to the procedure set forth by following art. 9 of these general sales conditions. Should the packaging or case containing the products ordered by the Consumer arrive at destination with obvious damages, the Consumer shall refuse the delivery by the carrier/ shipper or to accept the delivery ‘’with reservation’’.
5.5. After the expiry of the term indicated in previous paragraph 5.4. without the Consumer formulating any objections towards the carrier/ shipper, the delivered Products will be deemed finally accepted by the Consumer.
6. Prices, shipping costs, taxes and duties
6.1. The Product price is the one indicated on the Website when the Consumer transmits the order. The Product prices published on the Website include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping fees which are calculated before the order confirmation transmitted by the Seller to the Consumer, which the latter agrees to pay to the Seller in addition to the price published on the Website.
6.2. Based on the country in which the Products shall be shipped, the relative shipping costs will be displayed on the Website when placing the order, which the Consumer agrees to pay in addition to the price of the ordered Products.
6.3. Upon request, you can enter the insurance coverage to delivery of goods ordered. For info contact our customer service at tel. no. +39 0437 63178 or by email to email@example.com. OpaleMio disclaims all liability some drawbacks recorded for shipments subject to insurance coverage; in this case you will not be accepted requests for exercising the right of withdrawal; It remains available to offer the service and mediation for opening practices complaint / reporting directly with the shipper's reference.
6.4. The Consumer shall pay the total price to the Seller as indicated in the order confirmed through the order confirmation sent by the Seller to the Consumer via email.
6.5. Should the Products be delivered in a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation including indirect taxes (if applicable) does not include potential customs fee and any other fee on sales that the Consumers agrees since now to pay if due, in addition to the price indicated in the order and confirmed through the order confirmation, according to laws applicable in the country where the products will be delivered. The Consumer is invited to obtain information from competent bodies in his home country or product destination country, concerning potential duties or taxes applicable in his home country or product destination country.
6.6. The Consumer is responsible for any additional cost, fee, tax and/or duty that a certain country may apply to the ordered Products at any title, based on these general sales conditions.
6.7. The Consumer declares that, should he not be aware of costs, fees, duties, taxies and/or levies as mentioned in previous paragraphs 6.4. and 6.5. when transmitting the order to the Seller, this will not constitute cause for terminating the agreement and said fees will not be charged to the Seller.
7.1. The payment of the price for the Products purchased through the Website shall be issued within the peremptory term of 10 (ten) days from the date in which the order confirmation was transmitted by the Seller to the Consumer. The Consumer explicitly agrees that the agreement will be processed by the Seller when the price for the purchased Product/s will be credited on the Seller’s bank account.
7.2. Payment can be issued with credit card, bank transfer or PayPal, at the conditions described below. The Seller may allow additional payment methods, indicating them in the Website’s payment section.
7.3. Should payment be issued through credit card, the Consumer will be transferred to a secured site and the credit card information will be directly disclosed to Banca Popolare di Vicenza SCpA, with social office in Italy, 36100 Vicenza, Via Btg. Framarin n.18, registered at CCIAA of Vicenza, VAT Code 00204010243 - REA number of Vicenza 1858, operator who deals with payments on behalf of the Seller. The data will be transmitted in secured mode, through data crypted transfer using SSL System (SecureSocketLayer) at 128 bit. This information will not even be disclosed to the Seller.
7.4. Should payment be issued through bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes indicated in the order confirmation.
7.6. All modes of payment may not be enabled for all products.
7.7.Cash on delivery payment is accepted only for orders with shipment in Italy (IT). Cash on delivery payment is allowed and is accepted by cash only for orders on the total cost (including shipping, insurance, contribution to the cash on delivery) not exceeding 200,00 €.
7.8. The Seller will promptly transmit the tax receipt concerning the purchase made to the Consumer, in electronic format via email at the address indicated by the latter, if the purchased Products are to be shipped within the Italian territory, or will enclose it to the purchased Products in paper format, in all other cases.
8. Legal guarantee of conformity released by the Seller, notification of conformity defects and interventions under warranty
8.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer code), the Seller guarantees to the Consumer, that the Products will be free of design and material defects, and compliant with the descriptions published on the Website, for a period of 2 (two) years from the date the Products are delivered to the Consumer. As for the stones can be purchased on the Site will not be considered defects imperfections, irregularities or singularity of its natural characteristics of these products. Any warranty will be voided in case the Product will be used or washed not in compliance with the intended uses of the Product and instructions/warnings provided by the Seller and/or Owner, or indicated in the reference explanatory documents, tags or labels.
8.2. The Consumer will be responsible to check the Products as soon as possible and, under penalty of invalidity of this warranty, notify any defects and non-conformities within 2 (two) months since he discovers them, by transmitting the relative form duly filled out, to the Seller’s Customer Service Department, indicating the defect and/or non-conformity found, and relative documents mentioned in the return form (at least 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and tax receipt).
8.3. After receiving the form and relative documentation, the Seller will assess the defects and non-conformities claimed by the Consumer by availing himself of the Owner’s assistance service and, after carrying out the quality checks aimed at verifying the actual non-conformity of the Product, will decide at his discretion whether to authorise the Product return, by sending a reply to the Consumer via email at the address provided by the latter when registering to the Website. The authorisation to return the Products will not constitute any acknowledgement of defects or non-conformities, which existence will be verified after returning the products. The Products meant to be returned upon authorisation of the Seller, shall be returned by the Consumer together with a copy of the return authorisation notice, within 30 (thirty) days from claiming the defect or non-conformity, at the following address: OpaleMio di Alessandro Gabrijelcic, Via Ronche 29, 32020 LA VALLE AGORDINA - ITALY,
8.4. Should the Seller refund the price paid to the Consumer, refund will be issued through bank transfer or, if possible, through the same payment method used by the Consumer when purchasing the Product. The Consumer shall notify his bank details to the Seller, always via email at firstname.lastname@example.org, in order to issue a bank transfer in his favour and to put the Seller in the conditions to be able to return the due sum.
9. Liability in case of damages due to faulty products
9.1. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer code) will be applied. The Seller, in his quality of product distributor through the Website, will be relieved from any liability, none excluded and/or excepted, indicating the name of the relative product manufacturer.
10. Withdrawal right
10.1 The Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.
10.2 To exercise the right of withdrawal, the Consumer must notify OpaleMio, within the deadline indicated in paragraph 10.1 above, sending an explicit declaration to OpaleMio using the contact form or email address email@example.com, of his intention to exercise the right of withdrawal using the withdrawal form enclosed.
10.3 On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email, containing the RMA code. Within and no later than the following 14 days, the Consumer is required to write the RMA Code on the form referred to in paragraph 10.2, and return the products to OpaleMio, together with the form referred to in paragraph 10.2, duly completed and bearing the RMA code, addressed to: OpaleMio di Alessandro Gabrijelcic, Via Ronche 29, 32020 LA VALLE AGORDINA - ITALY.
10.4 If the Consumer has received the product, he is required to return it to OpaleMio without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if you send back the goods before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.
10.5 If the Consumer withdraws from this contract, the Sellers shall refund all payments received from the Consumer, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising your right of withdrawal. The Seller will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. The Seller may withhold the refund until he have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
10.7. If the check of the returned Products gives a positive outcome and the right of withdrawal has been duly exercised by the Consumer according to the foreseen terms and methods, the Seller will refund the full amount paid to purchase the Products to the Consumer, including the shipping fees paid by the Consumer for purchasing the product, as soon as possible and in any case, within 30 (thirty) days from the date in which the Seller is notified about the Consumer’s intention to exercise the right of withdrawal. However, the Consumer will remain liable for shipping fees and any duties or additional taxes paid by the latter to return the Product to the Seller.
10.8. The aforementioned refund will be issued through bank transfer in favour of the Consumer; the Consumer is responsible to notify the bank details to the Seller, by filling out the relative field in the Return form, in order to issue a bank transfer in his favour and put the Seller in the conditions to be able to return the due sum. If payment was issued through credit card, the aforesaid refund will be issued according to the indicated terms, by recrediting the due sum on the credit card used by the Consumer for the payment.
11. Intellectual property rights
11.1. The Consumer declares to be aware that any trademarks, names, as well as any distinctive mark, company name, image, photograph, written text or graph published on the Website or relative to the Products are and will remain the exclusive property of the owner OpaleMio and/or parties entitled; access to the Website and/or the purchase of Products will not confer any right on the above, to the Consumer.
11.2. The Website contents cannot be reproduced, whether in whole or in part, transferred with electronic or traditional means, modified or used at any title, without the previous written approval of OpaleMio.
12. Consumer’s data and protection of privacy
12.2. The Consumer declares and guarantees that the information given to the Seller upon the registration and purchase process is correct and truthful.
12.3. The Consumer can update and/or modify his personal data given to the Seller at any time, through the specific Website section ‘’My Account’’, which can be accessed with login and password.
13.1. Despite the Seller adopts measures aimed at protecting personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limits in protecting electronic communications via internet, the Seller cannot guarantee that the information or data visualized by the Consumer on the Website, also after logging in, cannot be accessed or viewed by non-authorised third parties.
13.2. With regards to data concerning payments made with credit card, the Seller avails himself of services provided by Global Collect, which adopts technological systems aimed at ensuring utmost reliability, security,protection and privacy when transmitting information via web.
14. Force majeure
14.1. The Seller will not be deemed liable in case of total or partial insolvency of his obligations in force of any agreement stipulated according to these general sales conditions, when said insolvency is caused by unforeseeable and/or natural events outside his reasonable control, including for example and not limited to, catastrophic natural events, acts of terrorism, wars, popular rising, lack of electric energy, general strike of public and/or private workers, strike and/or restrictions concerning carrier's routes and airplane connections.
15. Applicable law and competent court
15.1. Each sales agreement stipulated between Seller and Consumers pursuant to these general sales conditions will be regulated and interpreted according to Italian laws. Without prejudice to the rights potentially boasted by Consumers from binding provisions set forth by laws applicable in their home country.
15.2. Any controversy will be exclusively devolved to the ODR (Online Dispute Regolation), unless this provision cannot be applied due to binding laws applicable in the Consumer’s home country.
The Parties cannot sale neither transfer any of their rights and obligations derived from these general sales conditions to third parties, without the previous written approval of the other party.
17. Validity of the clauses
17.1. The headings of the clauses used herein are merely indicative and do not boast any effect with regards to the identification of the content and interpretation of this agreement.
17.2. These general sales conditions do not prejudice the right attributed to the Consumer by Italian laws.
17.3. Should a clause or part of a clause of these general sales conditions be deemed invalid because in contrast or contrary to a provision set forth by law, all other clauses of this agreement or parts of the same clause will remain fully valid and effective.
18. Final provisions
The Consumer declares not to have been induced to stipulate this agreement based on previous oral declarations.
LAW AND RIGHTS
Terms and conditions of sale are governed by Italian law and in particular by Articles. 3 and 4 of Decree 185/1999 and of Decree No. 206/2005 and in accordance with Chapter I of Decree No. 206/2005 entitled "Of the consumer rights in contracts" so as amended by Decree No. 21/2014 and the Italian Legislative Decree of April 9, 2003, the No. 70 for the aspects relating to electronic commerce. Under Articles 140 and 141 of the Consumer Code, there is right to take action to protect their interests through an association of consumers or to promote an attempt to court settlement to resolve any disputes. Alternatively, there is the power to bring an ordinary judgment for the resolution of disputes arising from the interpretation or execution of these General Conditions.