GENERAL TERMS AND CONDITIONS OF SALE (GTC)
il fiore poeta, by Montuschi Elena
1. Definitions
- Seller: Montuschi Elena, Via Staiano 1, Vico Equense (NA) - 80069, P.IVA IT10753751212, C.F. MNTLNE82A58B963F, info@ilfiorepoeta.com, 3286653345
- Website: https://www.ilfiorepoeta.com
- Customer: The physical person acting for purposes unrelated to entrepreneurial or professional activity (Consumer) or the legal entity placing an Order.
- Product/s: The jewellery, accessories, and all handcrafted goods offered for sale on the Website.
- Contract: The sale and purchase agreement concluded between the Seller and the Customer through the Website.
2. Acceptance of the General Terms and Conditions of Sale
Placing an order through the Website implies the full acceptance of these GTC. The Customer is required to read and accept them before proceeding with the purchase.
3. Products
- Product Uniqueness: Every piece of jewellery is considered a unique item, and there may be slight differences in dimensions, colour shades, finishes, or the presence of small imperfections compared to the images and descriptions on the Website. Such differences do not constitute a lack of conformity.
- Images: Product photographs are for illustrative purposes only. Despite the commitment to ensuring maximum fidelity, colours and characteristics may vary due to the Customer's monitor settings or photographic techniques.
4. Prices, Orders, and Conclusion of the Contract
- Prices: All prices are expressed in Euro (€) and include VAT (if applicable). They do not include shipping costs, which are calculated and added to the order summary before the final payment.
- Acceptance: The Contract is considered concluded only when the Seller sends the Customer an Order Confirmation email, which summarizes the products, prices, shipping costs, and delivery address. The Seller reserves the right to refuse or cancel an order in the event of product unavailability or payment issues.
5. Payment Methods
The Customer can choose from the following payment methods made available by the Website:
- Bank Transfer: The order will be considered concluded and the production and shipping times will start only from the date of effective credit of the total order amount to the Seller's current account. The Customer must indicate the order number as the reason for the transfer.
6. Shipping and Delivery
- Delivery Times: Delivery times are indicative and non-binding, unless otherwise agreed upon in writing.
- Transfer of Risk: The risk of loss or damage to the Products is transferred to the Customer at the moment the latter (or a third party designated by the Customer) acquires physical possession of the goods.
- Verification upon Delivery: Upon delivery, the Customer is required to check the integrity of the packaging. In the event of external damage, they must accept the goods with a written reserve (specifying the reason) on the courier's transport document and immediately notify the Seller.
7. Right of Withdrawal (For EU Consumers)
- Term: The Customer Consumer has the right to withdraw from the Contract within 14 days of the physical receipt of the Products, without providing any reason.
- Exclusions: The right of withdrawal does not apply to: Products which by their nature cannot be returned or have been opened after delivery and are not suitable for return for hygienic reasons (e.g., worn earrings).
- Return Conditions: The Products must be returned intact, unworn, complete with all accessories, original packaging, and certificates. Return shipping costs are borne by the Customer.
8. Legal Guarantee of Conformity
- The Seller is responsible for any lack of conformity existing at the time of delivery of the Product.
- The legal guarantee lasts two years from the delivery of the Product. The Customer must report the defect to the Seller within two months of its discovery.
- Defects resulting from improper use, negligence, alterations, repairs performed by third parties, or normal wear and tear are excluded from the guarantee.
9. Applicable Law and Competent Jurisdiction
The Contract is governed by Italian Law and, in particular, by the Consumer Code (Legislative Decree 206/2005). For any dispute relating to the Contract, the competent court is that of the Consumer's residence or domicile, if located in Italy.
