1.1.These general sales conditions are applied for purchasing products branded “VIABRERA” (herein after “Products”) through the e-commerce website www.athenagioielli.com (herein after the “Website”) by users classified as “Consumers’’ pursuant to following article 1.2. The website, owned by VIABRERA s.r.l., with legal office in Via Paolo Onorato Vigliani 13 – 20148 Milano, 09488770968 VAT number and registration number in the Business Registry of Milano MI-2093506 (herein after “Owner”).
1.2. The Owner is not subject to these general sales conditions, but he is 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.
1.3. 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.
1.4. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.
1.5. The Website is intended for retail sales and as such, meant exclusively for the use by Consumers. Subjects other than Consumers are invited not to place any purchase order. 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.
1.6. 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.
1.7. In order to make purchases on the Website, the Consumer must be of legal age (18 years old) and boast legal capacity.
1.8. 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.
3. Purchase methods of the Products – Stipulation of each single purchase agreement
3.1. The Product presentation on the Website, which is not binding for the Seller, represents a simple invitation towards the Consumer to place a purchase order and not an offer to the public.
3.2. 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, to print a copy by pressing the printing and 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.
3.3. 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.
3.4 The Contract entered into between VIABRERA s.r.l. and the Customer must be agreed as concluded when the order forwarded by the Customer, in the respect of the purchasing procedure shown on the Site and after having obtained authorization to debit by the company issuing the Credit Card used by the Customer for payment, reaches the address of the Site.
3.5 The order sent by the Customer will be binding for VIABRERA s.r.l. only if the full procedure of purchase has been completed regularly and correctly, without any error being shown by the Site. VIABRERA s.r.l. is not responsible for any malfunctioning depending on the network operator transmitting the data.
3.6 By sending the order to VIABRERA s.r.l. the Customer recognizes and declares having read all the instructions provided during the purchasing procedure and accepting in full the General Conditions.
3.7 The purchase order form will be stored at the database of the Site for the period of time necessary to process the orders.
3.8 VIABRERA s.r.l. will send the Customer by e-mail a confirmation of receipt of the purchase order sent by the Customer, containing the essential characteristics of the Products purchased, the indication of the price, the method of payment chosen by the Customer and the delivery costs. The Customer, without delay, must check the contents of the notification and immediately report any errors or omissions to VIABRERA s.r.l.
4. Procedure to select and purchase the Products
4.1. 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 checkbox 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 3.2. 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 PayPal or immediate bank transfer (avalaible only in EU), 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.
4.2 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.
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 outof-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.
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. 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.
6.3. 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.
6.4. 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.
6.5. 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
6.6 For safety reasons, deliveries will not be made to post office boxes and the order will not be processed. 6.7 For each order made on the Site, VIABRERA s.r.l. issues a receipt of the goods sent, sending it to the person whose name appears on the order, in accordance with Presidential Decree 445/2000 and Law Decree 52/2004. For the issue of the receipt, the information provided by the Customer when placing the order is used. No variation in the receipt will be possible after it has been issued.
6.8 Shipping costs are free for Italy. Shipping costs for the rest of the world are 10.00€
6.9 The orders will be processed and delivered from Monday to Friday, excluding public holidays and national holidays, religious holidays. VIABRERA s.r.l. is not responsible for unforeseeable delays, notwithstanding that, save cases of force majeure, the Products will be delivered within a maximum period of 20 (twenty) days with effect from the day following that on which the Customer sent the order to VIABRERA s.r.l..
6.10 For the delivery of the goods, the presence of the Customer or of a person appointed by the same is necessary at the address of the consignee shown on the order. On the delivery of the goods by the Courier, the Customer must check: (i) that the number of parcels being delivered corresponds to what is shown on the transport document (DDT); (ii) that the packaging is intact, not damaged, wet or modified in any way, including the materials used to close it. 6.11 Any damage to the packaging and/or the product or failure of the number of parcels or indications to correspond, must immediately be reported, placing a written reserve of checking on the receipt of delivery of the Courier. After signing the Courier’s document, the Customer may not make any complaints on the outer characteristics of what has been delivered.
6.12 If VIABRERA s.r.l. cannot deliver the goods ordered following lack of availability, including temporary, of the products, it will promptly inform the Customer and, in any case, no more than 20 (twenty) days afterwards, by email. The amount already paid by the Customer will be reimbursed as soon as possible and in any case no more than 15 (fifteen) days after receipt of the purchase order.
6.13 Shipping times Europe zone: Within 5 working days from confirming the payment Non Europe zone: Within 8 working days from confirming the payment
6.14 Currency on the website is in Euro (€)
7. Delivery number
7.1 VIABRERA s.r.l. will send the Customer an e-mail of confirmation after having sent the Products. In order to guarantee the security of the delivery of the Product, VIABRERA s.r.l will keep the delivery number of each delivery made.
8.1 The purchases made on www.viabreramilano.com can be paid by anticipated bank transfer (just for UE) and PayPal. Each purchase transaction is subject to maximum security thanks to the use of the most advanced technological systems in the field of e-commerce and encryption systems (SSL) to protect your personal data and credit card information from unauthorized access. This information will not even be disclosed to the Seller.
8.2 Once the order is complete, you will receive a confirmation email containing your Order Number and a summary of the purchase details. Remember that you can check the status of your order at any time in the relevant section of your profile. PAYMENT WITH BANK TRANSFER If you selected payment method by bank transfer, once the order is submitted you must make the payment within 3 days of purchase. The bank transfer must contain the reference number of the order, issued at the time of purchase, the full name of the customer. The shipment of the product will be executed after receipt of payment (more or less spend 3-4 days from the moment it was made).
Bank account details:
SWIFT/BIC : BLOPIT22
9. Legal guarantee of conformity released by the Seller, notification of conformity defects and interventions under warranty
9.1. 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. 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, labels and warranty. 9.2. 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).
9.3. 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 by 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:
VIABRERA s.r.l. – Via Paolo Onorato Vigliani 13- 20148 Milano – ITALY
9.4. 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.
10. Intellectual property rights
10.1. 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 Athena Gioielli 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.
10.2. 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 VIABRERA s.r.l.
11. Consumer’s data and protection of privacy
11.2. The Consumer declares and guarantees that the information given to the Seller upon the registration and purchase process is correct and truthful.
11.3. 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.
12.1. 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.
12.2. With regards to data concerning payments made with credit card, the Seller avails himself of services provided by Pay Pal, which adopts technological systems aimed at ensuring utmost reliability, security, protection and privacy when transmitting information via web.
13. Applicable law and competent court
13.1. 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.
13.2. Any controversy will be exclusively devolved to the Court of Rimini, unless this provision cannot be applied due to binding laws applicable in the Consumer’s home country
14. Returns, cancellations of orders and right of withdrawal
14.1 VIABRERA s.r.l. intends to guarantee complete Customer satisfaction.
14.2 VIABRERA s.r.l. will reimburse the cost in full of the Products that are returned by the Customer which have not been used and are not damaged, including the gift box and the whole packaging not damaged as well as accompanied by the relative receipt.
14.3 The reimbursements will be made with the same payment method as for the purchase.
14.4 The goods purchased may be returned within a maximum of 14 (fourteen) business days from the date of delivery.
14.5.Products purchased online cannot be reimbursed or returned to physical points of sale.
14.6 The delivery charges cannot be reimbursed.
14.7 The delivery costs for the return of the Products are at the expense of the Customer; any cost borne by the Customer for the return cannot be reimbursed.
14.8 VIABRERA s.r.l. reserves the right to refuse the return of those Products which fail to meet the requisites as per the previous paragraph.
14.9 In case the Customer wants to return products please download the application form from the following link and enclose it to the returned goods.
14.10 VIABRERA s.r.l. will undertake to promptly reimburse the Customer within and not more than 14 days from the date of receipt of the written order of cancellation and return of the product.
14.11 VIABRERA s.r.l. will send an e-mail of notification after having made the reimbursement.
14.12 The products to be returned should be sent using an insured courier service in order to trace the delivery.
14.13 VIABRERA s.r.l. will not be responsible for the reimbursement or indemnity for those returned products which are lost, stolen or damaged. In accordance with Art. 64 of Legislative Decree no. 206/2005, the Customer is entitled to withdraw from the contract without any penalty and without specifying any reason within 14 (fourteen) business days from the date of receipt of the Products, holding good the provisions of the paragraphs below. To exercise the right of withdrawal, the Customer must send to the following address: VIABRERA s.r.l., Via Paolo Onorato Vigliani 13 – 20148, Milan, Italy A letter by recorded delivery, containing: la statement of the Customer’s wish to benefit from the right of withdrawal in accordance with art. 64 of Legislative Decree 206/2005; the indication of the Products for which the Customer wishes to benefit from the right of withdrawal; the progressive order number issued at the time of purchase;
14.14 If the Customer wishes to modify or cancel the order made, they must send an e-mail to email@example.com, within 24 hours from when it was made.
14.15 VIABRERA s.r.l. will do everything possible to meet the Customer’s request. However, once a product has been sent, the order cannot be cancelled or modified until the goods sent are returned to VIABRERA s.r.l.. In this case, reference is made to the procedure described in the previous paragraphs.