GENERAL SALES TERMS APPLICABLE TO DISTANCE SELLING
Last Updated: December 2020
1. Preliminary Information
These General Sales Terms, applicable to distance selling (“General Sales Terms”) apply to all sales of Vhernier products and services within the European Union and carried out through the website www.vhernier.com (the “Website”) or via our Customer Service Centre by telephone and/or e-mail (“Customer Service Centre”), and, with the Website, all “Sales Channels”.
Vhernier S.p.a., whose headquarters are registered at via Borgonuovo n. 24, 20121, Milan, Italy, with VAT identification, C.F. and its registration in the Milan Monza Brianza Lodi Company log number 01150040069, REA registration number MI-1689813, is the subject who sells the products and provides the services (the “Seller”).
Vhernier S.p.a. can be contacted at the following coordinates: E-mail: email@example.com;
Telephone: +39 (0)2 5412 2297; Fax: +39 (0)2 5412 2398; Certified electronic mail: firstname.lastname@example.org
Vhernier S.p.a. owns a license for the “trade of precious objects” under Protocol No. 0021532, issued by the Questura di Alessandria on 05 Nov 2018.
These General Sales Terms can be downloaded from the website and are available in both Italian and English.
Italian law regulates distance contracts engaged in by consumers at the top of Chapter I, Title III, Part III of the September 6, 2005 Legislative Decree no. 206 (of the c.d. Consumer Code) and other regulatory measures.
2. Periodic Updates of the General Sales Terms
It is within the rights of Vhernier S.p.a. to make changes to the General Sales Terms, whose latest version is always available on the Website. Any update shall take effect from the date of its publication and shall cover all and only the orders of products or services concluded from that same date.
3. Eligible Subjects
A person is considered to be an “Eligible Subject” as they are finalizing an order over one of the Sales Channels only if they are a natural person (legal entities are not eligible) that is a) of legal age (eighteen years of age in most countries); (b) has the legal capacity to enter into contracts; (c) is a consumer, i.e. acts for purposes outside of business interests, trade, crafting or other professional activity, and (d) has a mailing address located in one of the countries listed in Section 10 of these General Sales Terms.
By placing an order through one of the Sales Channels, the Customer expressly declares and guarantees that it is in possession of all the above requirements, including, but without limitation to, being a final customer in good faith, who buys, for their own personal use, the products or services of the Seller, who, in the absence of such requirements, will enforce its rights in the appropriate locations.
4. Availability of Products and Quantitative Limits
The Seller reserves the right to refuse, at any time and without the obligation of prior notice, orders exceeding the quantities available for each product. It is also possible that due to the potential simultaneous access of multiple customers to the Sales Channels, a product indicated as available might in fact not be; in this case, Vhernier S.p.a. will inform the Customer of such a situation in a timely manner, after which said customer will be able to choose whether to wait for a new supply, choose an alternative product, or cancel the order. For further information on the procedures and protocols for orders, please refer to Section 7 of these General Sales Terms, below.
5. Custom-made Products
In relation to a select number of specific products, the Seller provides customization services (“custom-made products”). Custom-made orders – including, but not limited to, engraved products and products made according to specifications provided by the Customer – cannot be cancelled and their withdrawal is therefore not allowed. Once delivered, custom-made products shall not, in any event, be returned, replaced, or reimbursed, except where the refund is required as a result of the exercise of rights provided for in statutory provisions, in the case of a clear product defect.
6. Additional Services
The following additional services are available free of charge via the Sales Channels:
– Packaging: the orders will be shipped in a Vhernier box, decorated with Vhernier packaging, together with a Vhernier shopping bag.
7. Order Procedure
The order procedure takes place through the following steps:
– Account Registration: To place an order, the buyer must register on the Website and create their online account.
All orders placed through the Sales Channels are subject to an automatic confirmation
process, be it for the availability verification process, or for the order confirmation.
– Adding to the Shopping Bag: Once a product is chosen, the buyer may put it into their Shopping Bag by clicking on the selection. In the same Shopping Bag, additional products may be inserted; in this case, one order shall contain multiple products.
– Placing the order: Once the buyer is redirected to the Shopping Bag, they will be automatically guided towards an order completion page, a process that, when concluded with a successful payment, generates a positive outcome of the entire order.
Before proceeding with the completion of the order, the Customer will be required to carefully read and accept these General Sales Terms. Failure to accept these General Sales Terms will result in the impossibility of completing the order.
– Information and Verification: during the checkout process, before the order is processed and the payment for its completion is requested, the Customer has the possibility of identifying and correcting any errors in data input and/or the processing of the data supplied. In fact, during the checkout process, the customer will be required to carefully review and confirm both the details of the order and their personal information (including e-mail, shipping address, billing address and payment information).
In the case an order is being placed through our Customer Service Centre, Vhernier S.p.a. will guide the Customer through the above steps and will request verbal confirmation throughout the order and the collecting of personal information details.
– Order Confirmation: Once the order has been processed through the Sales Channel, the Customer will receive written confirmation by e-mail or through a different channel, specified during the order completion procedure. Such confirmation will include order details, information on the main characteristics of the product ordered, any personalization options if applicable, the price, shipping costs and other applicable charges, the accepted General Sales Terms, the particular terms or conditions, if applicable, the information on the customer’s right of withdrawal or the exclusion of such right, and the order’s reference number, to be safely kept by the customer in case of any requests concerning the order (the “Order Confirmation”). It is the responsibility of the Customer to check their Order Confirmation and ensure that it faithfully reflects the order as the customer intended it. In the event of questions or doubts, or if the Order Confirmation does not reflect the Customer’s intentions, it is advisable to contact Customer Service immediately.
After completion and confirmation of the order, the customer will be able to access the Website directly via their online account to their personal area to check on the products ordered and purchased.
The Seller reserves the right to refuse, cancel and/or modify, for justified reasons, an order, at any time prior to payment. By way of example, but not limited to the following, it is our option to refuse, modify or cancel the order if the Customer does not provide sufficient solvency guarantees, if the order is incomplete or incorrect, if the product is no longer available, in case of a dispute concerning the payment of a previous order, in case of suspicion, at the sole discretion of the Seller, or that the Customer might have undertaken (i) fraudulent activities; or (ii) might have infringed these General Sales Terms in any way.
8. Prices, Taxes and Shipping Costs
All prices listed on the Website, on the product pages, or specified by the Customer Service Centre, are to be understood as including VAT and, unless otherwise indicated, excluding any shipment fees and other taxes. The currency applied for purchases with shipping addresses within the European Union is the Euro (€).
Vhernier S.p.a. reserves the right to charge the Customer the shipping costs for the products, according to the concurrent commercial policies at the time of order, as established by Vhernier S.p.a, at its own discretion. Such costs and resulting charges will be clearly identified and/or communicated during the ordering process. In the case such type of charges are not explicitly mentioned, such expenditures shall not be applied.
These expenses will be summarised and listed before the confirmation and completion of the order and will also be indicated in the corresponding order summary, included in our immediately subsequent order summary correspondence with the Customer. It is the discretion of the Seller to change the prices and delivery costs at any time and without notice, as it is clear that the shipping costs applicable to the order are those in force at the time of the order, as it will clearly be indicated during the course of the ordering process.
The Seller commits to ensuring that product prices and delivery costs are corrected and up to date when the information is entered into the system, or in any communication via their customer service or marketing departments. In the event that, despite our reasonable efforts, some prices or delivery costs are poorly calculated and therefore appear as erroneous, the Customer will be contacted as soon as possible and will be able to choose whether to confirm a new order based on new prices or delivery costs, or whether to cancel the order; only, and only if we are not able to contact the customer using its contact data as registered during the order procedure, will we cancel the order and refund the sums paid.
The Seller shall accept the payment arrangements as indicated during the ordering process, as carried out through the Sales Channel. Depending on the payment mode, further information may be required, including specific forms of identification.
By placing an order on the Website, the customer will need to enter payment data into the designated online payment page and data entry areas. In the case of a telephone order, the customer will be required to communicate payment data to the Customer Service Representative. All card holders shall be subject to a validation check and the authorisation process demanded by the card issuer.
Other payment methods may also be subject to validation and authorization checks by their payment system providers. The Customer expressly authorizes us to carry out security checks, if we consider it necessary, in order to transmit and/or obtain information from time to time (including any updated information on the Customer and, without limitation, payment card data) to/from third parties. Such checks may be designed to authenticate an identity, validate a payment card, obtain an initial authorization for payment by card and authorize individual purchase transactions. We accept bank
transfers at our sole discretion, on a case-by-case basis. We do not charge additional commissions for bank transfers on orders made through one of our Sales Channels, other than the fees charged by financial institutions. All orders made by telephone and which require payment by bank transfer must be confirmed through a specific order approval process. The order will not be fulfilled until we have received payment and sent the order confirmation by e-mail. If the payment by bank transfer is not credited to our bank account within five (5) working days after the order is made, the order will be cancelled.
The Seller accepts orders with shipping and delivery instructions for the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Czech Republic, Romania, Slovakia, Slovenia, Spain and Sweden.
Please note that the Seller does not accept shipments to military addresses, to restricted areas, or to delivery pick-up agencies or post boxes. For further information, please contact our Customer Service Centre.
We reserve the right to offer the customer free pick-up at selected boutiques, after verification and confirmation by our Customer Service Centre.
Until payment has been received in full, the ordered product(s) shall remain the property of Vhernier S.p.a. The delivery of the products shall be subject to the receipt, by Vhernier S.p.a., of the full payment due. The handwritten or electronic signature of the Customer or other person present at the delivery address indicated will be requested as confirmation of the product delivery. Once the delivery has taken place, the risk and responsibility for the purchased goods are transferred to the Customer. If the Customer has specified a recipient other than itself for the purposes of delivery, the Customer expressly accepts that the signature of that assigned person (or another person from the delivery address) constitutes proof of delivery, of the transfer of responsibility to the assigned person and of the fulfilment of the sales contract by the Seller. Vhernier S.p.a. reserves the right to deliver the products exclusively to the intended recipient of the order as indicated on the package’s label and to request, for certain product categories, a proof of identity at the time of delivery. Please contact Customer Service for further information.
The Seller will take any reasonable measure to ensure delivery by the courier within the time limit provided in the Order Confirmation message and, in any case, within thirty (30) days from that date. Except for cases where the purchase involves a product or service for which a longer amount of time is necessary for product delivery. Such is the case for custom-made products or services.
In the event of non-delivery within thirty (30) days from the date of the Order Confirmation message, or within the maximum agreed-upon deadline, the Customer may request that Vhernier S.p.a. carry out the delivery within an additional time period appropriate to the circumstances; if the delivery is not made within the additional time limit, the Customer
shall be entitled to terminate the contract. In such a case, Vhernier S.p.a. will refund to the Customer all sums paid in execution of the contract.
12. Right of Withdrawal and Reimbursement of Sums Paid
(a) Right of Withdrawal
The Customer has the right to withdraw from the sales contract without providing a reason and with no penalty, within fourteen (14) days of delivery of the product (the “Withdrawal Deadline”). To withdraw, the Customer must contact the Customer Service Centre and follow the instructions that will be provided to them, or fill out a Withdrawal Process Form, attached below as Annex 1 to these General Sales Terms, and send it via registered mail to the address indicated on the form, and simultaneously e-mailing the scanned form to email@example.com with the heading: “Withdrawal Notification”. In both cases, the Customer will have to return the products in accordance with the provisions of this Section. To respect the Withdrawal Deadline, please contact the Customer Service Centre and follow their instructions or send the Withdrawal Notification Form before the expiry of the Withdrawal Deadline.
(b) Refund Process
The products must be returned in accordance with the provisions of this Section within fourteen (14) days of the date of the withdrawal. The refund expenses will be borne by the Seller. The products purchased through the Sales Channels can be returned only to the address indicated by the Customer Service Centre. To be clear of misunderstandings, products that have not been purchased through the Sales Channels can NOT be returned in accordance with these General Sales Terms.
Following are the steps for returning a product in accordance with the General Sales Terms:
(i) Contact Customer Service;
(ii) The Customer Service Centre will identify a withdrawal date. At this stage, information about the product may be requested for a first assessment of the product’s condition;
(iii) The package to be returned shall include the product and its related accessories, intact and in full, any free additional items received as part of the order, the certificate of authenticity and all other documents, in their original box; the package shall be sealed and the pre-paid transport label, also received with the purchase, applied onto the return package (“the Package”);
(iv) on the agreed date, the Package shall be delivered to the logistics courier partner chosen by the Seller. Given the high individual value of the products marketed, Vhernier S.p.a. requires that the return of the products be made only through the specific courier company indicated by the Seller’s logistics partner and, for this reason, the cost is entirely borne by the Seller, despite the law allowing the Seller to ask the Customer to bear the cost of return logistics. Should the Customer return the products by mail or any means other than the one requested by Vhernier S.p.a., any liability for the loss, removal, theft, or
damage to the goods and/or any other harmful event to the products will be borne by the Customer.
The Customer shall receive a receipt with their return tracking number, which should be carefully kept until the Seller sends an e-mail to the Customer confirming the return and the refund.
The Customer must retain a proof of the return shipment. Failure to produce such proof will result in our declining any responsibility. Only products returned to us in full accordance with these General Sales Terms will be considered eligible for reimbursement or replacement.
(c) Condition of Returned Products
The products must be returned intact and in perfect condition, with all their corresponding protection materials, labels and the original Vhernier shipping box and packaging, including all accessories and documents and free articles received as parts of the order. Should the product show signs of wear, damage or alteration from its original condition, the Seller reserves the right not to accept the return or, alternatively, to reduce the amount of the reimbursement.
Vhernier S.p.a. will verify that the returned product meets the appropriate return conditions, through strict quality control procedures and, if such conditions are met, will proceed with the refund.
If the product does not satisfy the conditions for a return, the Seller is authorized, on the basis of these General Sales Terms, to refuse reimbursement and to send it back to the Customer at the expense of the Customer.
(d) Non-Refundable or Substitutable Products
The right of withdrawal is excluded for custom-made products, including, for example, any made-to-measure product based on specifications indicated by the Customer, or engraved products.
In the event of the exercise of the Right of Withdrawal, and provided that the refund of the product(s) meets the conditions laid down in these General Sales Terms, Vhernier S.p.a. will refund the Customer the purchase price and shipping costs, using the same means of payment used for the original transaction. Vhernier S.p.a. will proceed with the refund only after receiving the return of the product or proof of the delivery of the product to the approved carrier, provided for in these General Sales Terms; provided that the actual return or the provision of proof of delivery to the approved logistics carrier has taken place, the refund shall be made within fourteen (14) days of the notice of withdrawal.
Only the buyer of the product is entitled to receive the refund of the purchase price and in no case will the right to reimbursement be given to a person who received a product that was purchased by another person. If the recipient of a gift wishes to return a product, he may contact the Customer Service Centre to assess their available options.
You may return a product purchased through the Sales Channels within fourteen (14) days and in accordance with the indications and procedures provided for in these General Sales Terms and request an exchange for another Vhernier product, provided that the product in question is available and that the return complies with the provisions of the General Sales Terms, in particular this Section 12. The transaction consists of the withdrawal from the contract related to the initial purchase of the product (to be now returned), followed by the execution of a new purchase order for the product chosen to replace the first one. It is stated, for the sake of clarity, that the exchange process covered by this point (f) is not equivalent to the replacement of the product provided for by the law as a remedy for the buyer/consumer in the event of product defects (see Section 13), which remains governed by the relevant and appropriate law provisions.
To request an exchange and check the availability of the product desired for the purpose of this exchange, the Customer will have to fill out the appropriate sections of the Exchange Form and contact the Customer Service Centre.
If the exchange request is approved, the sale of the returned product will be cancelled, and the Customer will receive a new order confirmation for the new product. In the event that the Customer has chosen a less expensive product for the exchange, the Customer will be entitled to a refund of the price difference. In the case of an exchange for a more expensive product, the Customer shall be obliged to pay the price difference.
13. Customer’s Rights and Legal Guarantee
Vhernier S.p.a. undertakes to ensure that every single product complies strictly with our quality standards and has passed all our controls, both technical and aesthetic. Upon receipt of the products the Customer shall inspect them to verify the presence of any defects. If the customer identifies a defect, they will have to notify the appropriate staff as soon as possible.
As a reminder, Legislative Decree No. 206/2005 (Code of Consumer Affairs) provides a legal guarantee for conformity defects, under which Vhernier S.p.a. is responsible for guaranteeing that their Customer, as a consumer, receive a product free of conformity defects that might occur within two years of the delivery of the goods. In reference to the text of the Legislative Decree 206/2005, we recall, in summary, that the text provides, in the event of a lack of conformity (i) the Customer’s right to obtain, at their choice and without expense, the replacement or repair of the product unless the chosen remedy is objectively impossible or excessively burdensome or expensive; (ii) the right of the Customer to obtain, at their choice, a price reduction or the termination of their contract, but not with regard to minor defects, but where any repair and replacement were objectively impossible or excessively burdensome/expensive or for which the seller cannot provide repair or replacement of the product within a reasonable period or a previous replacement or repair has caused excessive inconvenience to the Customer. As a reminder, the complaint about a defect in conformity should be made, under penalty of expiration, no more than two months after its discovery, and the action of enforcing such a complaint regarding a defect that was not fraudulently concealed by the seller must, in any case, be completed within twenty-six months after the delivery of the goods.
As a consumer, the Customer may be entitled to other rights granted by mandatory rules, which remain uninfluenced by the present General Sales Terms.
For any repair requests for a product ordered through a Sales Channel, please contact the Customer Service Centre.
15. Product Descriptions
Product information can be found on the website and on the related detailed specifications page that can be reached through the website.
Detailed information regarding each product is published within the Website.
We are committed to continually making sure that the information provided on the Website, in our advertising, on our catalogues and with the Customer Service Centre, including descriptions, sizes and colours of the products, is accurate and complete.
However, since every one of our pieces is unique because it is created with a certain amount of handcrafting, there may be small, sometimes visible deviations from the indications given in relation to the weight of the precious materials or the exact carat weight of the stones. Moreover, since Vhernier jewels are made with strictly natural stones, colour shades may vary slightly depending on the place of origin, extraction, treatment or cut, all of which reveal the most beautiful nuances of the natural vein from where the stone originates. Small colour differences may also depend on the type of technology support used to display the jewellery, or on standard printing or computer screen resolution dynamics.
Variances on weight, calibre, or colour shades mentioned above are therefore not defects in conformity of the product, nor do they represent a defect or lack in product quality. The presence of the above-mentioned variances does not give the Customer the right to exercise the rights as provided by the law on covering defects in conformity, faulty products or a lack of quality. The Customer, having accepted these General Sales Terms, declares him or herself aware of the above and accepts it.
16. Limitation of Liability
To the maximum extent permitted by applicable laws, the Seller rejects and excludes any other term, condition, and guarantee, whether expressed or implied, in relation to its products, services, or Sales Channels.
No provision of these General Sales Terms intends to limit or exclude our liability any further than it might be limited or excluded by applicable laws. Without prejudice to the previous sentence, the contractual, non-contractual or other nature of liability of the Seller versus the Customer may in no event exceed the total amount paid by the Customer for the applicable order. The Seller also declines any liability for any default or delay in fulfilling its obligations under these General Sales Terms, should such problems be due to causes outside its control.
17. General Provisions
Should any particular provision of these General Sales Terms become, even partially, invalid, such provision shall no longer be a part of these General Sales Terms, and the validity of the remaining provisions and terms in the present General Sales Terms shall remain untainted and unaffected, unless otherwise required by applicable laws.
These General Sales Terms (and the terms incorporated in them by reference), together with the order and the order confirmation, constitute the entirety of the agreement between The Seller and The Customer in relation to the orders of products or services, and replace and extinguish any prior agreement, proposal, intention, commitment or collateral contract of any kind between the parties, whether in oral or written form, in relation to the item indicated.
Any failure or delay in the exercise by Vhernier S.p.a. of any of its own rights under these General Sales Terms shall not be interpreted as giving up the exercise of those rights, nor as an acquiescence, of any breach by the Customer of any declaration, warranty or obligation under these General Sales Terms.
The sales contract is stipulated between Vhernier S.p.a. and the Customer, and no other person has the right to claim any of their terms or conditions. The Customer cannot transfer or surrender their sales contract or any rights or obligations connected to such contract, to any third party or parties, not even partially, without the prior written consent of Vhernier S.p.a.
18. Applicable Laws and the Resolution of Disputes
The contract and the present General Sales Terms shall be governed by and interpreted in accordance with the laws of the country in which the Seller’s registered office is, therefore, the Italian law, without reference to the provisions on the conflict between laws and with the express exclusion of the application of the United Nations’ Convention on the International Sale of Goods. In any areas where applicable laws were different from the laws of application required to protect consumers in the Customer’s country of residence, we will offer similar protection.
Any disputes or disagreements based on the sale contract, including those on, or in relation to, the General Sales Terms, including the validity, invalidity, breach or termination of the sale contract, shall be judged or arbitered in accordance with this Section.
If the Customer considers that there is a problem related to the purchase of products, the Customer may lodge a complaint with Vhernier S.p.a., by sending it to the contact details indicated in Article 19.
The Customer and the Seller agree to commit to strive to work together for a period of thirty (30) days to settle in a friendly manner, any dispute or disagreement arising, directly or indirectly, from the products or services, from the General Sales Terms, or any breach or violation of such elements.
In case it is not possible to resolve the dispute when examining the complaint, Vhernier S.p.a., pursuant to Article 141 sexies terzo comma D. Lgs. 205/2006, shall inform the Customer about the ADR– Alternative Dispute Resolution – entity or entities competent in this matter, specifying whether it intends to use the aforementioned bodies for the resolution of the dispute.
Vhernier S.p.a. informs the Customer that, as a consumer, the European Union has established an online platform for dispute settlements related to the online purchase of products or services. The platform, called ODR, is managed by the European Commission and can be reached at the following link https://webgate.ec.europa.eu/odr. Through the platform, the Customer can consult the list of ADR entities and activate an online dispute resolution procedure.
The use and eventual effectiveness of the above instruments does not exclude the Customer’s right to make a claim for his or her rights before the competent judicial authority. If the Customer’s residence or domicile is located in Italy, the jurisdiction of the individual is to be held in the courts of the place where the Customer is a resident or is domiciled. The Customer whose residence or domicile is in a European Union State other than Italy, can make his or her claims against Vhernier S.p.a. before the courts of the Member State in which he or she is domiciled or is a resident of, or before the Italian courts, that being the country in which the registered office of Vhernier S.p.a. is located.
19. How to Contact Us:
If the Customer wishes to contact Vhernier S.p.a. in relation to these General Sales Terms, it can do so by writing to the e-mail address of the Vhernier Customer Service Centre: firstname.lastname@example.org, or by calling the phone number +39 (0)2 54122297, writing to the fax number +39 (0)2 5412 2398 or to the Vhernier certified electronic mail address, email@example.com.
Notice of Withdrawal Form for
Purchases with a Shipping Address within the European Union
First Name:________________________Last Name _____________________________
To: Vhernier S.p.A.
headquarters are registered: Via Borgonuovo, 24 20121, Milano, Italia
anticipated via email: firstname.lastname@example.org
I refer to Order No. _______________________, placed on _______________________, and I inform you of my cancellation of this order in accordance with Section 12(a) of your General Sales Terms.
I hereby commit to returning the product within fourteen (14) days of my withdrawal in accordance with Sections 12(b), (c) and (d) of your General Sales Terms; I hereby commit to contacting your Customer Service Centre at +39 (0)2 5412 2297, Monday – Friday from 10:00 to 17:00 (except holidays) or to the email address email@example.com, in order to schedule the return through your logistics partner.
Furthermore, provided that the return complies with the requirements of your General Sales Terms, and in particular, Sections 12 (c) and (d), I hereby request (select the applicable option):
-the refund of the price paid for the product by means of the same payment method used for the purchase, in accordance with Section 12 (e) of your General Sales Terms,
-the replacement of the product with a different product, provided that it is available and is in compliance with Section 12 (f) of your General Sales Terms; I hereby agree to and commit to contacting your Customer Service Centre at +39 (0)2 5412 2297 Monday – Friday from 10:00 to 17:00 (except holidays) or by writing to the email address: firstname.lastname@example.org, to check for the availability of the replacement product.
Place and Date: _____________________________