GENERAL CONDITIONS OF SALE

Part 1 – Definitions

The following terms and expressions shall have the meaning indicated below (it being understood that the singular may be replaced with the plural and the masculine may be replaced with the feminine):

Customer: the consumer interested in purchasing the products;

Consumer Code: Legislative Decree 6 September 2005 n. 205;

Communication of acceptance of the Order: the communication referred to in paragraph 3.6;

General Conditions of Use and Registration on the Site: the conditions for use and registration on the Site, available on the Site at the following link [•];

General Conditions of Sale (or General Conditions): these general conditions of sale;

Consumer: the natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out;

Contract: the sales contract concluded by Graece with the Customer in compliance with the General Conditions, following acceptance by Graece of the Order sent by the Customer;

Graece : Graece S.r.l., a company incorporated under Italian law, with registered office in Via Vittor Pisani, n. 28, 20124, Milan, Italy, VAT no. 02963720350;

Order : the proposal to purchase the products transmitted by the Customer;

Parties : Graece and the Customer;

Product Price : the price including VAT established by Graece with reference to each Product;

Sales Price : the sum of the Product Price and any shipping costs referred to in the following art. 4;

Privacy Policy : the information on the processing of personal data of Customers, prepared by Graece and available on the Site at the following link

Products : the necklaces, pendants, bracelets, earrings, scarves and other accessories offered for sale by Graece through the Site;

In-stock Products: the Products offered for sale by Graece and available at the time the Order is transmitted by the Customer;

Off-stock Products: the Products offered for sale by Graece, but not available at the time the Order is transmitted by the Customer;

Ordered Product: the Product which is the subject of the Order transmitted by the Customer;

Registration: the procedure for registering on the Site referred to in art. 4 of the General Conditions of Use and Registration on the Site;

Site: the internet portal accessible at the address graece.it and the related subdomains.

 

Part 2 – General Provisions

  • The Products on the Site are designed and manufactured by Graece.
  • The sale of the Products by Graece through the Site is subject to these General Conditions.
  • The purchase of Products is reserved for Consumers, provided they are at least 18 (eighteen) years of age and for whom the purchase of products is not prohibited, or otherwise legally prohibited, under Italian law or the laws of other countries in which they are resident or from which they access the Site.
  • Graece undertakes to describe and present the Products offered for sale in the best possible way, using photographs and descriptive sheets of the Products.
  • It is hereby understood that any images attached to the descriptive sheet of a Product may not be perfectly representative of its characteristics and may differ in color, size, etc. shown in the figure. Consequently, Graece will not be responsible for any inadequacy of the graphic representations of the Products shown on the Site, since such representations have a merely descriptive function.

 

Part 3 – Methods of conclusion of the Contract

  • Before sending the Order, the Customer must register on the Site, according to the methods set out in art. 4 of the General Conditions of Use and Registration on the Site.
  • Registration on the Site is subject to acceptance by the Customer: i) of the Conditions of Use and Registration on the Site; ii) of the Privacy Policy.
  • Once the Order has been sent, Graece will send the customer a summary email informing him/her that the Order has been accepted. In no case may this email be considered as acceptance of the Order.
  • As a result of the provisions of the previous paragraph 3.3, the Customer acknowledges that all Orders are subject to acceptance by Graece, which reserves the right, at its sole discretion, to refuse them.
  • In the event of non-acceptance of the Order, Graece will inform the Customer promptly and, in any case, no later than 48 (forty-eight) hours, by e-mail and arrange for the refund of the Sale Price referred to in art. 4, which will be credited to the same payment method used by the Customer for the purchase as quickly as possible, and, in any case, within the following 10 (ten) working days. Any delays in crediting may depend on the credit institution, the type of credit card or the payment solution adopted; therefore, Graece is exempt from any liability.
  • The acceptance of the Order received, communicated by Graece through the Order Acceptance Notice, sent by e-mail to the e-mail address indicated by the Customer, determines the conclusion of the Contract. The Order Acceptance Notice will contain: i) the Customer’s data (including billing and shipping address), ii) date and time of receipt of the Order, iii) a summary of the information already contained in the Order, iv) “the Customer’s order number” to be used for any other communication relating to the Order, v) the right of withdrawal and refund pursuant to art. 7 of these General Conditions.
  • Without prejudice to the provisions of the previous paragraph 3.6, in the event that the order concerns an Off stock Product, the Order Acceptance Communication will also contain the date on which the Ordered Product will be shipped to the Customer, as Graece cannot determine the same precisely at the time of presentation of the Off stock Products on the Site. This date may vary, in fact, based on: i) the materials with which the Off stock Product is made, ii) the processing times of the Product, iii) the destination of the Off stock Product in consideration of the
  • Customer’s residence or the shipping address indicated by the latter with the Order (for further information see the following art. 6.
  • The accounting invoice for payment of the Sale price will be sent by email to the email address indicated by the Customer.
  • Up until the time of delivery of the Ordered Product to the courier, the Customer may communicate to Graece any errors contained in the Order and relating to the shipping address.

 

Part 4 – The price

  • The Price of the Products is expressed in Euros and shown on the Site.
  • Shipping costs are the responsibility of the Customer.
  • Shipping costs are excluded from the Price of the Products. They are calculated and indicated in the purchase procedure before the confirmation of the Order by the Customer and contained in the web pages summarizing the Order. Shipping costs are calculated based on: i) the Price of the Products, ii) the size of the Product packaging, iii) the country of destination of the
  • Ordered Product. Occasionally, promotional shipping costs or costs linked to purchase incentive initiatives may be applied.
  • Graece reserves the right to change the Prices of the Products shown on the Site at any time. Such changes will only and exclusively apply to Orders transmitted after publication on the Site.

 

Part 5 – Payment methods

  • The Sale Price may be paid to Graece at the same time as the transmission of the Order.

Graece only accepts payments made by bank transfer and electronic payments, using the PayPal and electronic POS services. In the event that, for any reason, Graece is unable to accept an Order, it may, at its discretion, not proceed with the charge or refund within the legal terms the price already paid in relation to the Order. Graece will not proceed with the dispatch of the Product(s) until it has received full payment. Prices are subject to change at any time, but such changes will not affect Orders already confirmed in the manner described above. In the case of payments made by credit card, cardholders may be subject to authentication and a request for authorisation. If the credit card issuer or service provider refuses or for any reason does not authorise or validate the payment, in such circumstances, Graece will not be held responsible for delays or failure to deliver in relation to the Products ordered. Your personal data will be processed by Graece in accordance with the privacy policy .

  • In the event that the Customer has exercised the right of withdrawal with reference to the Ordered Product, pursuant to the following art. 7, or in the event that the Customer has reported a defect and/or fault in the Ordered Product and the remedy of termination of the Contract is recognized pursuant to the following art. 9, the Sale Price will be refunded to the credit card used for payment with the [•] circuit, or to the current account indicated by the Customer when exercising the right of withdrawal or reporting the defect and/or fault in the Ordered Product.
  • In no event may Graece be held liable for any damages, direct or indirect, caused by a delay in the failure to release the Sale Price committed by the [•] circuit. At no time during the purchase procedure is Graece able to know the Customer’s financial information. No computer archive of Graece contains or stores such data.

 

Part 6 – Transport and delivery methods

  • The Ordered Product will be delivered by courier to the shipping address indicated by the Customer in the Order.
  • Delivery times for Italy and abroad depend on: a) for In stock Products and Off stock Products: i) the technical times for the acquisition, also depending on the country of destination, of all the documentation or authorizations necessary for the shipment of the goods (the “Product Accessory Documentation”), ii) the technical times for the collection and delivery of the Products by the courier; b) exclusively for Off stock Products, and in addition to the above, on: i) technical times for finding and supplying the materials for the production of the Products, ii) technical times for the production of the Products (also by third party suppliers of Graece) (the “Order Preparation Process”).
  • Graece undertakes to ensure that the Ordered Product is delivered to the courier within [5 (five)] working days from the conclusion of the Order Preparation Process referred to in the previous paragraph 6.2.
  • Upon delivery of the Ordered Product by the Customer, the latter is required to verify that the Ordered Product corresponds to what is indicated in the courier’s accompanying document and that the packaging of the Ordered Product is intact, not damaged, not wet or altered.
  • Any external damage or non-correspondence to what is indicated in the courier’s accompanying document must be immediately contested to the courier, by adding the wording “withdrawal with reservation” on the accompanying document. On the contrary, once the courier’s transport document has been signed without reservations, the Customer will not be able to raise any objection regarding the external characteristics of the Ordered Product.
  • In the event of failure to collect, within 5 (five) working days, the Ordered Product stored in the courier’s warehouses, due to the repeated impossibility of delivery to the address indicated by the Customer when transmitting the Order, the Ordered Product will be returned to the headquarters of Graece, or another entity designated by it, so that a new shipping procedure can be opened with the Customer being charged for all shipping costs.

 

Part 7 – Customer’s right of withdrawal and refund

  • Pursuant to art. 52 et seq. of the Consumer Code, the Customer has the right to withdraw from the Contract, without having to provide a reason and without any penalty, within 14 (fourteen) working days from the moment of receipt of the Ordered Product. To this end, the Customer may: i) fill in and send the standard withdrawal form in Annex I, part B, of the Consumer Code; and/or ii) send a withdrawal notice to the email address [email protected]; and/or iii) send a withdrawal notice by registered mail to the address of Graece, Via Vittor Pisani, n. 28, 20124, Milan, Italy.
  • The Customer’s right of withdrawal is subject to the following mandatory conditions: i) it must be exercised for the entire Ordered Product; ii) the Ordered Product must be unused and intact, in its original packaging, complete with all the original labels and all the Product Accessory Documentation; iii) the packaging of each Ordered Product must be intact and well preserved, in order to protect the original packaging from damage. In any case, it will not be possible to accept returns without the original labels, nor any Ordered Product in a state that does not allow for resale.
  • The shipping costs relating to the return of the Ordered Product are borne by the Customer. In the event that the Customer requests the label from Graece for the return of the Ordered Product, a cost for the label equal to Euro 15.00 will be applied.
  • Once the Ordered Product for which the withdrawal is exercised has been received and compliance with the conditions set out in the previous paragraph 7.2 has been verified, Graece will refund the Sale Price, withholding from the refund a sum equal to the costs incurred by Graece for the return of the Ordered Product.
  • In any case, the refund referred to in the previous paragraph 7.4 will be made within 14 (fourteen) days from the day on which Graece is informed of the Customer’s decision to withdraw from the Contract, it being understood from now that the refund may be suspended until receipt of the Ordered Product. The refund will be arranged in the manner referred to in the previous paragraph 5.3.
  • The Customer will lose the right to withdraw from the Contract if Graece ascertains the violation of the conditions referred to in paragraph 7.2. In this case, Graece will retain the entire Sale Price and will make the Ordered Product available to the Customer, charging the latter the shipping costs.

 

Part 8 – Force Majeure

  • Graece assumes no responsibility for any delay or failure to fulfill the obligations set forth in these General Conditions, if the delay or failure to fulfill arises from unforeseeable circumstances or force majeure. This provision does not affect the rights deriving from the law and in particular the right of the Customer to receive the Ordered Product within a reasonable time or to be reimbursed in the event of non-delivery due to circumstances arising from unforeseeable circumstances or force majeure.

 

Part 9 – Customer guarantees for defects and non-conformities

  • If the Ordered Product presents any defects and/or non-conformities, these must be reported by the Customer to Graece. Any complaints must be forwarded to Graece via i) communication to the e-mail address [email protected]; or ii) communication via registered letter to the address of Graece, Via Vittor Pisani, n. 28, 20124, Milan, Italy, VAT no. 02963720350.
  • Purchases made on the Site are subject to the provisions of the Consumer Code regarding guarantees for defects and non-conformities of the products. Therefore, Customers will be recognized as having the consumer rights set out in art. 130 of the Consumer Code. These rights must be exercised within the terms set out in art. 132 of the same Consumer Code.
  • The guarantees provided are only those provided by law.
  • In any case, the Customer is entitled to the legal guarantee of conformity for the goods referred to in Part IV, Title III, of the Consumer Code.
  • In the event that the repair of the Ordered Product is possible and the Customer chooses to do so, Graece will contact the Customer to organize the repair of the Product.
  • In the event that the replacement of the Ordered Product is possible and the Customer chooses to do so, Graece will contact the Customer to organize the return of the Ordered Product, which must take place at the same time as the delivery of the replacement Product, by a courier designated by Graece. The shipping costs for the replacement of the Ordered Product will be entirely borne by Graece.
  • In the event that Graece is unable to repair or replace the Ordered Product, the Customer will be granted a reduction in the Sale Price. In this case, Graece will determine the amount of the reduction taking into account the use of the Product and will contact the Customer to communicate its estimate. Graece will refund the Sale Price in the manner set out in the previous paragraph 5.3, within the following 10 (ten) working days.
  • As an alternative to the above, the Customer may opt to terminate the Contract. In this case, Graece will contact the Customer to organize, at Graece’s expense, the return of the Ordered Product, by means of a courier designated by the latter. Once the Ordered Product becomes available to Graece, the latter will refund the Sale Price in the manner set out in the previous paragraph 5.3, within the following 10 (ten) working days.

 

Part 10 – Changes to the General Conditions

  • Graece reserves the right to change the General Conditions with effect from the publication of the relevant changes on the Site. Orders sent to Graece are subject to the General Conditions in force at the time of their transmission.
  • No changes or additions may be made to the General Conditions by the Customer without the prior express consent of Graece.

 

Part 11 – Intellectual Property

  • The trademarks, names and company names, logos, and, in general, the distinctive signs used on the Site are the full and exclusive property of Graece, or in any case of its assignees, for which Graece is the licensee, and are protected under the relevant applicable laws. Any reproduction or use thereof is prohibited.

 

Part 12 – Applicable Law

  • The General Conditions and all sales of Products on the Site are governed by Italian law, regardless of the place of shipment of the Order.
  • For any dispute relating to the existence, interpretation, execution or termination of these General Conditions and/or the Contract, the Court designated under Italian law will have jurisdiction.
  • As an alternative to the procedures before the Court designated under Italian law, the Customer may resort to the extrajudicial dispute resolution procedures referred to in Part V, Title II-bis, of the Consumer Code.