The offer and sale of products on the website www.goldixa.com are governed by these General Conditions of Sale.
Specific details for each section are available below.
The Customer is required, before submitting his/her purchase order, to carefully read these General Conditions of Sale. Submitting the Purchase Order implies full knowledge and express acceptance of both the aforementioned General Conditions of Sale and of what is indicated in the Order Form.
SUBJECT
These General Conditions of Sale concern the sale of products carried out online via the e-commerce service on the Site www.goldixa.com. The main characteristics and prices of the same (including any additional costs) are clearly indicated directly on the Site. Sales to countries that are not available in the Order Form at the time of purchase are not permitted; such orders will be automatically rejected by the system or cancelled by Goldixa.
PARTS
The products are sold directly by the company Oro & Argento SRL (VAT number IT013892710664), represented by its legal representative Mr. Luca Silvestri, with registered office in L’Aquila - Via Patini 24, PEC address: [email protected], (hereinafter “Oro & Argento SRL” or “Seller” or “Goldixa”) whose purpose is the retail trade of goldsmith's goods, costume jewellery, watches, silverware and other products connected and/or similar to the former and makes available to all users the possibility of purchasing products under different brands (hereinafter “Products”) and delivery Services via the Internet, via the Website www.goldixa.com (hereinafter “Site”), of which Oro & Argento SRL is the sole and exclusive owner.
For any request and/or information you can contact the Goldixa team:
- by email to the following address: [email protected]
- by post to the following address: via A. Panella (at c/c Carrefour) 67100 L'Aquila
TERMS OF SALE
These General Conditions of Sale ("General Conditions of Sale") are governed by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the regulations on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments) and apply exclusively to the remote sale via the web of the Products displayed on the Site www.goldixa.com, corresponding to which there is the "Buy online" button, and of the Services as indicated in these General Conditions of Sale as well as in the other sections of the Site. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.goldixa.com and do not govern, however, the supply of services or the sale of products by parties other than the Seller who are present on www.goldixa.com via links, banners or other hypertext connections.
Goldixa is in no way responsible for purchases made from third parties reachable via links, connections or references on www.goldixa.com.
The products are sold to the Customer identified by the data entered when completing and sending the Order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
The product offers on the Site www.goldixa.com are aimed at adult customers. If you are under 18 years of age, to be able to purchase on the Site www.goldixa.com you must first have the consent of one of your parents or a legal guardian.
By placing an Order through this Website, you implicitly confirm that you are of legal age or have the necessary consents.
It is explicitly forbidden to enter fictitious, fantasy or intentionally incorrect data during the Purchase Order phase.
Furthermore, by accepting these Conditions of Sale, you exempt the Seller from any liability arising from the issuing of incorrect tax documents due to errors relating to the data provided by you when placing the Order online, you being the customer solely responsible for their correct insertion.
By accepting these conditions, you also exempt the Seller from any errors or difficulties that may arise from elements not managed by Goldixa, such as connection errors due to the hardware and infrastructure in use, failed communications due to malfunctioning of the receiving mailbox and similar.
ONLINE OFFER AND PURCHASE AGREEMENT
The Products and Services with their Prices as present on the Site, constitute an offer to the public in accordance with the methods specified in the General Conditions of Sale and on the Site itself. The Conditions of this offer apply exclusively to purchases made on the website www.goldixa.com. The sales contracts stipulated on the Site and having as their object the Products and Services (hereinafter "Sales Contract" or simply "Contract") are concluded with Goldixa.
By Online Sales Contract we mean the Distance Contract having as its object the sale of movable goods (hereinafter Products) stipulated between you, as Customer, and Goldixa, as Seller, within the scope of an electronic commerce service organised by the Seller who, for this purpose, uses the distance communication technology called Internet.
The online sales contract is considered concluded when the Customer completes the Order Form, filling it in in all its parts.
The Order contains:
- the reference to these General Conditions of Sale;
- information and images of each Product and the relative price;
- the means of payment you can use;
- the delivery methods of the purchased Products, the times and related shipping and delivery costs;
The photos associated with the products during navigation and ordering (namely, in the virtual “cart”) are for illustrative purposes only. Goldixa undertakes to provide a representation of the product as faithful as possible, but does not guarantee the total absence of variations between the images for illustrative purposes and the final product.
ORDER EVASION AND CONCLUSION OF THE CONTRACT
By completing the order using the appropriate button, you confirm that you have read and accepted these conditions of sale.
Once the Order has been sent, the Seller will take charge of it for its fulfillment and will send you, by email, an Order Confirmation (hereinafter "Order Confirmation") to the email address communicated by the Customer. This Confirmation will summarize the chosen Products, the related Prices (including Delivery costs), the delivery address, the Order number (hereinafter "Order Number"), the General Conditions of Sale provided therein and any special Conditions applicable to the individual Order and determined following specific requests from the Customer.
It is the customer's responsibility to promptly verify and report to Goldixa any errors in filling in personal data, payment or shipping data.
The Seller reserves the right, before sending the Order Confirmation, to request from you via email or telephone number indicated by you, further information with reference to the Order sent by you via the Internet.
The Seller reserves the right not to process an order if sufficient guarantees of solvency are not provided or due to administrative reasons.
If the products presented on the Website are no longer available or on sale after the Order has been sent, the Seller will inform you promptly and in any case within thirty (30) working days from the day after the day on which you have sent your Order to the Seller, of the possible unavailability of the Products ordered. In this case, the sum previously committed to the Customer's payment method will be released.
Each sale made by the Seller through the online sales service may concern one or more products, with no limit on quantity for each item.
Before concluding the Contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data Privacy Policy.
The Contract is concluded when the Seller, after receiving your Order Form and verifying the correctness of the data, has forwarded confirmation of shipment of the product to the email address you indicated through the Website.
The Seller undertakes to deliver the products ordered to the Customer within and no later than 30 days from the date of conclusion of the Contract.
The language available for concluding the Contract with the Seller is Italian and the applicable law is Italian law.
Goldixa reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute relating to a previous Order. This applies equally to all cases in which Goldixa deems the customer unsuitable, including, by way of example, the case of previous violations of the conditions of the Contract for online purchases on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.
SELLING PRICES
Unless otherwise indicated in writing, all prices of the Products and shipping and delivery costs indicated on the Website and in the Order are to be considered VAT included and expressed in Euros. The reference for the validity of the prices remains to the Website www.goldixa.com and only to it. It will be the customer's responsibility to verify that the prices have not changed if time passes between the first compilation of the Order Form and the actual conclusion of the sales contract.
The products are physically present in Italy and are shipped from Italy.
Goldixa is not responsible for any customs fees, tolls, or additional costs arising from delivery to non-EU countries. It will be the Customer’s responsibility to verify any additional costs before completing the Order Form.
In the event of failure to collect the seller will refund the cost of the product but not the shipping costs, exit and entry costs related to customs duties and related taxes and the shipping costs for shipping the product to the seller.
All Product Prices indicated on the Site include VAT. Delivery costs (hereinafter "Delivery Costs") are the responsibility of the Customer and are adequately detailed in the Purchase Order.
Goldixa reserves the right to change the price of items and shipping services over time.
ORDER
The Purchase Order must be made online through the order procedure on the Site (hereinafter “Order Procedure”), by clicking on the desired product which will be added to the Cart.
In the case of an already registered customer, it will be sufficient to log in to the platform.
In the case of a customer accessing the site for the first time, it will be possible to register by entering the data requested by the Site.
The requested data will be used during the purchase phase as a reference for the Customer.
The procedure is considered to be correctly concluded when confirmation is obtained without any error message.
It will therefore be possible to check the status of your orders from the reserved area.
Changes cannot be made to orders that have been marked as shipped.
In case of changes to the order it will be necessary to communicate it promptly via email to [email protected], reporting the order details.
PAYMENT METHODS
To pay the price of the Products and the related shipping and delivery costs, you can follow one of the methods indicated in the Order form on the Website www.goldixa.com and which are summarised below.
Credit cards and prepaid cards
The customer can make the payment by credit or debit card Visa, Mastercard, Visa Electron and/or other similar cards through the online credit card payment system, PayPal or by bank transfer. Goldixa uses the maximum security measures available at a commercial level in the sector. Furthermore, the payment procedure takes place on a secure server that uses the SSL (Secure Socket Layer) protocol.
For online orders on our Site we accept both credit card and prepaid card payments (for example, PostePay) without any additional charge on the cost of the product and shipping. It is understood that the Customer must be the holder of a valid credit card at the time of the Order of the Products purchased online and that the name on the credit card must be the same as that indicated on the billing information. In the absence of these conditions it will not be possible to proceed with the Order.
At the time of online purchase, at the same time as the Order Confirmation, the reference banking institution will only make the commitment of the amount relating to the Order from the available funds on your credit card. The amount will be immediately debited when the payment is sent via the online platform.
At no time during the purchase procedure is Goldixa able to know the information relating to your credit card (for example, the credit card number or its expiration date), transmitted via a connection protected by an encrypted protocol directly to the Site of the entity that manages the electronic payment (bank or Paypal). No computer archive of the Seller will store such data.
Paypal
If you have a Paypal account, Goldixa gives you the possibility to make payments directly using the email and password you used to register on www.paypal.com.
Payment on Delivery
You can pay for your Order in cash directly to the courier who will deliver the products to you. In case of payment on delivery, it is always advisable to prepare the cash in specific banknotes and coins. Goldixa cannot guarantee that all delivery personnel will have change available for cash payments. Couriers must not in any way ask for tips or amounts in excess of the total of the Order.
Bank transfer
You can pay for your Order quickly and safely using your home banking through the payment platform. The amount will be debited directly from your current account and the shipment will take place after the credit is credited to your account.
Payment for the Order must be made at the time of its forwarding to Goldixa with the possibility that this will be automatically cancelled by the seller in the event that the credit is not made within and no later than 7 (seven) days thereafter.
You can find the payment receipt, or the invoice if subject to VAT, on the Site in the “Your orders” section.
SHIPPING
Goldixa undertakes to ensure that the shipment contains what was ordered during the selection and cart insertion phase on the site. The shipment may contain additional informational or advertising material, gadgets or accessories related to the chosen product.
The methods of delivery of the product are divided into:
Home delivery to the customer
The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order.
Upon receipt of the goods at your home, we ask you to verify the integrity of the packages at the time of delivery by the courier. In the event of anomalies, you must have them noted and noted exactly by the courier and reject the delivery after mandatory communication to Goldixa also by contacting customer service via email at [email protected].RIGHT OF WITHDRAWAL
If the Customer is a “Consumer”, as defined in Article 3 of the Consumer Code, he/she is entitled to the rights set forth in Articles 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014, and therefore the right to withdraw from the Purchase Agreement (hereinafter “Right of Withdrawal”) for any reason, without explanation and without any penalty, by communicating it to the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods.
As required by current legislation, the right of withdrawal is excluded and therefore cannot be exercised in the event that the products you have purchased have been customized.
Customizations are to be understood as all requested modifications, of any nature, that the Customer requests from Goldixa regarding one or more specific products.
The Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the Goldixa Products purchased by the Consumer.
The customer who intends to exercise the right of withdrawal must communicate this to Goldixa through an explicit declaration, sending a complete communication of all available sales data to the address [email protected].The right of withdrawal is subject to the following conditions:
- Returned Products must be returned in their entirety and not parts or components of them, even in the case of kits;
- Returned Products must not have been used, worn, washed or damaged;
- Returned products must be returned in their original packaging (meaning, by this, the packaging of the single product);
- Returned Products must be sent to the Seller in a single shipment;
Withdrawal Conditions
In case of exercising the right of withdrawal, the customer is required to return the goods within 14 days from the day on which he communicated to Goldixa his intention to withdraw from the Contract pursuant to art. 57 of Legislative Decree 206/2005.
The return can be requested by communicating all the order data within 14 days of receiving the items.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Goldixa will refund the amount of the products subject to withdrawal within a maximum period of 30 days, excluding shipping costs.
As provided for by the current legislation, to which we refer, Goldixa may suspend the refund until receipt of the goods or, at its sole discretion, until the customer has demonstrated that he has returned the goods to Goldixa.
According to Article 59 of the Consumer Code (containing “Exceptions to the right of withdrawal”) for distance and off-premises contracts, the right of withdrawal is excluded in the case of “supply of goods made to measure or clearly personalized”.
Refund Policy
If the right of Withdrawal is exercised by you in accordance with the previous conditions, the Seller is required to refund the sums paid by the customer within and no later than 30 days of your decision to exercise the right of Withdrawal but on condition that within the same period the product has been returned and verified by Goldixa operators.
The Seller will use the same payment method for the refund as you used for the initial transaction, unless you explicitly request the Seller to use a different method and the Seller agrees to it. If the Order was paid via Paypal, the refund will be made to the card or account used for the payment, while if the Order was paid via Credit Card, the refund will be made to the card used for the payment (it is not possible to use another card for the refund). If the Order was paid via Bank Transfer, the refund will be made via Bank Transfer: Contact customer service via email at [email protected] to let us know the IBAN to which the transfer should be made. If the Order was paid by Cash on Delivery (payment in cash to the courier), the refund will be made via Bank Transfer: contact customer service via email at [email protected] to let us know the IBAN to which the transfer should be made. Returns are processed by customer service in approximately one working week. The refund times on the card or current accounts depend directly on the banks, which generally take about 2/3 working days for the credit.
Reimbursable expenses are in any case limited to those of the product, taxes included, services excluded. The cost of shipping for receipt and return therefore remains the responsibility of the Customer.
Goldixa will be responsible for the cost of shipping, for receipt and return, in the event that the change is made due to lack of conformity.
LEGAL GUARANTEE OF CONFORMITY
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
More precisely, the warranty regime on products sold by Goldixa differs depending on whether the buyer is a "consumer" or a "professional" pursuant to Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees relating to consumer goods".
If you purchase as a "consumer", you benefit from the legal guarantee of conformity that the seller is required by law to provide on each good sold ("Legal Guarantee").
The Legal Guarantee - which Goldixa is required to provide as a seller - guarantees the goods against defects of conformity with respect to the sales contract.
The Legal Guarantee, therefore, is reserved for consumers who have made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out.
The seller (and, therefore, with regard to purchases made on the Site www.goldixa.com) is responsible towards the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
The guarantee is valid provided that the following conditions are met:
- the defect occurs within 24 months of the date of delivery of the products;
- the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognised by the latter, unless this is in conflict with prevailing mandatory provisions of the country of habitual residence of the Customer;
Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following delivery of the product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the product.
It will be the Customer's responsibility to retain and be able to provide proof of purchase in order to avail of the Guarantee.
There is a lack of conformity when the purchased good:
- it is not suitable for the use for which goods of the same type are normally used;
- does not conform to the description given by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
- does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or on labelling;
- it is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller at the time of conclusion of the Contract and which the seller accepted.
Therefore, any faults or malfunctions or defects of any other kind caused by accidental events or by your responsibility or by use of the product that is not in accordance with its intended use and/or as provided in the technical documentation attached to the product, where applicable, or in the instructions for use relating to the same, are excluded from the scope of the Legal Guarantee. Defects due to incorrect shipping, incorrect handling of the product or in any case damage attributable to the management of the courier are also excluded.
In the event of a lack of conformity duly reported within the terms, you will be entitled to:
- Primarily, to the free repair or replacement of the goods, at your choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case, considering the type of sale, to the replacement, where this is possible in relation to the number of copies still available for sale;
- Secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time frame or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the Contract, at your choice.
An excessively onerous remedy is one which imposes unreasonable costs on the seller in comparison with alternative remedies which may be pursued, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be pursued without significant inconvenience for the consumer.
REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE
In caso di risoluzione del Contratto, Goldixa ti restituirà il Totale Complessivo pagato. In caso di riduzione del prezzo, In case of termination of the Contract, Goldixa will refund you the Total Amount paid. In case of price reduction, Goldixa will refund you the amount of the reduction previously agreed.
The amount of the refund or reduction will be communicated to you via email and credited to the chosen payment method or solution.
In particular, in the event of non-conformity, the Customer who has entered into the Contract as a Consumer will have the right to obtain the restoration of the conformity of the products without costs, through repair or replacement, or to obtain an appropriate price reduction or the termination of the Contract relating to the disputed goods and the consequent refund of the price.
The exchange or refund of a product with obvious manufacturing defects will be possible within 7 (seven) days of receiving it, beyond these times, if the item falls within the specifications of the assistance centers (different for each brand) it can be brought for repair under warranty. The times of repairs under warranty vary depending on the brands of the products and can vary from 45 to 60 working days.
CONTACTS
For any request and/or information you can contact the Goldixa team by sending an email to [email protected], or by consulting our “Contacts” area.
Alternatively you can write to us at the address in via A. Panella (near c/c Carrefour) 67100 L'Aquila
COMMUNICATIONS
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations carried out, relating to the purchase of the Products, will be sent to the email address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits established by the Site.
APPLICABLE LAW
These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian jurisdictional authority, as better specified below. In particular, if the Customer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law. If, however, the Customer is not a consumer, the parties conventionally establish the exclusive jurisdiction of the Court of L’Aquila.
INTELLECTUAL PROPERTY
All elements of the Site, whether or not subject to registration of an intellectual property right (photos, product sheets, descriptions, layouts) are the exclusive property of Goldixa and cannot be used by external actors.
MODIFICATION TO THE CONDITIONS OF SALE
Upon any modification to these General Conditions of Sale, Goldixa will promptly publish the modified ones on the Site.
The modified General Conditions of Sale will become an integral part of the new Contracts, starting from the first Order placed by the Customers, following their publication on the Site. In the case of Orders already placed before such communication, the previous version of the General Conditions of Sale will apply.
