Terms and Conditions of robertopoggiali.it/en

These Terms govern

  • the use of this Website, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Website is provided by:

ROBERTO POGGIALI di Gloria Poggiali
Via di RIPOLI 64r/66r, 50126 Firenze (Italia)

Owner contact email: info@robertopoggiali.it

What the User should know at a glance

  • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • Usage of this Website and the Service is age restricted: to access and use this Website and its Service the User must be an adult under applicable law.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;
  • Users must be recognized as adult by applicable law;


Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.


Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products
The purchase by the User of the Products sold through our Site, by telephone or through our social channels (Instagram, Facebook) is subject to these Conditions of Sale.
Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.


Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.
While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Many of the Products offered for sale are handmade with artisanal processes and therefore there may be some differences from the original photo.
A peculiarity of the handcrafted products is their uniqueness, given by small differences even between the products of the same series.
The photos of the Products may differ in the shade of the metal color, in the color of the stones, in other details, and / or their dimensions may differ from the real ones also due to the effect of the browser or monitor used while browsing the site .
The Owner will therefore not be responsible for any inadequacy of the images or colors of the Products depending on the aforementioned technical causes.
For the purposes of the purchase contract, the description of the Product contained in the technical information sheet on the Site at the date of purchase will therefore be valid only.

 

Purchasing process

Any steps needed from Product choice to order submission, form part of the purchasing process.
The purchasing process includes these steps:

  • Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
  • Users may review their purchase selection, modify, remove or add items.
  • Users will be required to specify their billing address, contact details and a payment method of their choice.
  • If the purchase results in a product being shipped, Users may need to indicate a shipping address.
  • During the purchasing process, Users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
  • After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.

To submit the order, Users must accept these Terms and use the respective button or mechanism on this Website, hereby committing to pay the agreed-upon price.

 

PLEASE NOTE:

The conclusion of the purchase process implies the reading and acceptance of the characteristics shown in each product sheet.

We recommend that Users:

  • Choose the desired finish correctly.
  • Check what your size is on the Size Guide that you will find in each product sheet.
  • Be careful to choose your size correctly.

If you wish to have more details, or if you have a doubt about which model to buy, it will be our pleasure to help you choose.

Clearly the final choice on the size will be up to you only after having listened to our advice or having consulted the tables inserted by us which are indicative and which can clearly vary depending on the physical conformation of the wearer.

  • Choose the correct quantity.

All special requests regarding sizes, customization (engravings, galvanic, etc.) must be received in advance of the purchase to verify their feasibility.

If the User wants to customize a product in the shop, we recommend not to proceed with the order, but to send the customization request from the specific SERVICES section (Create your jewel) by copying the reference code in the appropriate request form of the desired product.

The Owner will do everything possible to satisfy the User, evaluating the feasibility and sending an estimate of the costs and time needed to process the request.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

The e-mail confirming receipt of the Order and its acceptance does not constitute acceptance of the same.

The Contract must be considered concluded when the User receives confirmation from the Owner via a second e-mail at the address indicated, where it will be reported that the Purchase Order has been successful and has therefore been accepted. following the verification of the correctness of the data and the availability of the Product.

The e-mail of acceptance of the Purchase Order will contain a reference to these Conditions of Sale previously accepted and a complete summary of the purchase made.

The Owner may not process Purchase Orders: (a) which are incomplete or incorrect, or (b) in the event of unavailability of the Products (if they are no longer available or on sale); (c) where the credit card details entered are incorrect and / or the authorization to debit said credit card has not been received.

In these cases, the Owner will promptly inform you by e-mail that the contract is not concluded, specifying the reasons and providing for any due refunds.

The conclusion of the purchase process implies the reading and acceptance of the characteristics shown in each product sheet, as well as shipping methods and times.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed:

  • including all applicable fees, taxes and costs;

The price of the Products is that indicated on the website www.robertopoggiali.it/en and is expressed in euros.
The Owner reserves the right to change the prices of the products indicated on the website www.robertopoggiali.it/en at any time.

The price is inclusive of VAT (22%) if the products are shipped and delivered within the European Union.

The Owner reserves the right to ask Users for a contribution to the shipping costs, these costs will be automatically displayed at the moment before the User sends the purchase order, who can confirm or cancel the order.

If the ordered products were to be delivered outside Italy, any duties, taxes and fees, possibly due by virtue of the regulations in force in the individual states in which the products must be delivered and payable once the package has reached its destination specified, will be borne by the User.

Since it is not possible to have control of these duties, taxes and fees and it is not possible to predict the amount in advance.

Considering that customs policies vary considerably from country to country, these costs must be calculated by the User before sending the purchase order. The User therefore bears the burden of acquiring any appropriate information in this regard, in the case also by contacting the local customs office of reference, as well as providing for the relative payment, in addition to the payment of the price of the Product indicated on the site.

 

Order fulfillment

The waiting times for a product purchased on ready-to-deliver  or pre-order vary from 1 to 4 weeks, from receipt of payment, and depending on the availability of the purchased item and the time required for making it.

From the confirmation of payment, the order of the purchased goods will be processed:

  • Order of Pre-order goods will be processed with the following timing which vary from 1 to 4 weeks in any case within the maximum term of 30 days from the date of conclusion of the contract, excluding shipping times dictated by the courier’s timing.

The processing times of our jewels vary according to the complexity of the jewel.

In certain periods of the year, any delays in delivery may occur for organizational reasons or lack of staff; such changes will in any case be reported through an e-mail communication.

Remember that you are buying a handmade product that comes from scratch following your request, you will need to have a little patience, it will surely pay off!

  • Orders available in stock in Prompt Delivery are processed within 3 working days.

If you choose the “Bank Transfer” payment method, your order will not be processed and then shipped until the funds are transferred to our current account.

On average, we receive the transfer 2/3 days after issuance.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
  • A Coupon cannot be applied cumulatively;
  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of this Website to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In such cases this Website collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

For online purchases, the following payment methods are accepted: Bank Transfer, Paypal and Credit or Debit Cards.

 

  • If you pay by bank transfer, your order will be processed with the selected payment method “Bank transfer”.
  • Remember that processing starts immediately after receiving the transfer.
  • Use the order ID as a reason. Your order will not be processed and shipped until the funds have been transferred to our bank account.
  • On average, we receive the transfer 2/3 days after issuance.

Please note:

Remember that you have validated a sales contract and booked your Product. You have 2 working days from the purchase order acceptance email in order not to lose your booking.

 

Authorization for future PayPal payment
If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.


Retention of Product ownership

ntil payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Contractual right of cancellation

The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of this Website within 14 days of concluding the contract.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

Goods are delivered to the following countries or territories: Italia, Austria, Belgium, Denmark, Croatia, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, United Kingdom (UK), Czech Republic, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Hungary, Afghanistan, Armenia, Azerbaijan, Cyprus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Belarus, Bulgaria, East Macedonia and Thrace Greece, Iceland, Ionian Islands Greece, North Macedonia, Moldova, Norway, Ukraine; Albania, Anguilla, Algeria, Bangladesh, Saudi Arabia, Benin, Bahrain, Bhutan, Bolivia, Egypt, Burkina Faso, Ethiopia, Burundi, Ghana, Gibraltar, Cambodia, Jordan, Cameroon, India, Canada, Israel, Cape Verde, Kuwait, Chad , Lebanon, China, Libya, Colombia, Morocco, Ivory Coast, Mauritania, Dominica, Niger, United Arab Emirates, Nigeria, Eritrea, Oman, Gabon, Gambia, Pakistan, Georgia, Qatar, Djibouti, Russia, Guyana, Senegal, Hong Kong, Syria, Iran, Sudan, Iraq, Tunisia, Turkey, Liberia, Yemen, Malawi, Indonesia, Mali, Cayman Islands, Mauritius, Solomon Islands, Mongolia, Kiribati, Nepal, Laos, Lesotho, Macao, Rep. Of Congo, Madagascar, Democratic Republic of Congo, Maldives, Dominican Republic, Mexico, Mozambique, South African Republic, Saint Kitts And Nevis, Namibia, Seychelles, Nicaragua, Sierra Leone, New Caledonia, Sri Lanka, New Zealand, Taiwan, Panama, Tanzania , Papua New Guinea, Thailand, Paraguay, Togo, Peru ', Trinidad And Tobago, United States, Polynesia, Uganda, Saint Lucia, Saint Vincent and Granada, Zimbabwe, Samoa, Sao Tome and Principe, Singapore, Suriname, Swaziland, Tonga, Uruguay, Vanuatu, Vietnam, Zambia; San Marino, Vatican City; Angola, Antigua and Barbuda, Andorra, Argentina, Aruba, Australia, Liechtestein, Bahamas, Barbados, Switzerland, Belize, Bosnia and Herzegovina, Bermuda, Montenegro, Botswana, Serbia, Brazil, Brunei, Chile, Comoros, South Korea, Costa Rica, Cuba, Ecuador, El Salvador, Fiji, Philippines, Jamaica, Japan, Grenada, Guatemala, Guinea Bissau, Equatorial Guinea, Haiti, Honduras, Rwanda, Puerto Rico, Palestinian Territories.

Delivery times are specified on this Website or during the purchasing process.

The following applies to Users that do not qualify as Consumers:

Deliveries are made under the conditions and within the timeframe stated on this Website.

Unless otherwise stated, the delivery costs are the responsibility of the User.

The risk of loss of or damage to the goods shall pass to the User upon handover to the carrier.

For an additional fee, the User can choose insured delivery. In this case, the risks covered and the applicable terms and conditions are set out in the insurance policy.

Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

If Users do not qualify as Consumers the following failed-delivery policy applies and replaces the above:

Failed delivery B2B

Unless otherwise stated, the delivery costs are the responsibility of the User.
The Owner cannot be held responsible for any errors, delays (including cases where the User fails to collect the goods within the deadline set by the Owner or the carrier), damages to or loss of the goods after handover to the carrier.
If the goods are returned to the Owner due to a failed delivery, Users must bear the costs of the resulting storage. Users must further arrange a new delivery attempt at their own expense, after agreeing with the Owner appropriate collection times and conditions.
Should the User fail to do so, the Owner may, at its sole discretion, cancel the contract or arrange a new delivery at the User’s expense. In both cases, the Owner reserves the right to compensation for any damage suffered due to the failed delivery.


User rights


Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.


Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?

  • Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
  • Regarding the purchase of several goods ordered togetherbut delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 30 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts:

  • for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;
  • for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed;

The User who intends to exercise the right of withdrawal must notify the Owner  by means of an explicit declaration, which can be sent by email to Pec: robertopoggiali.gp@pec.it

 

Example withdrawal form

Addressed to:

ROBERTO POGGIALI di Gloria Poggiali Via di RIPOLI 64r/66r, 50126 Firenze (Italia)
Pec: robertopoggiali.gp@pec.it

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

  • Ordered on: _____________________________________________ (insert the date)
  • Received on: _____________________________________________ (insert the date)
  • Name of consumer(s):_____________________________________________
  • Address of consumer(s):_____________________________________________
  • Date: _____________________________________________

(sign if this form is notified on paper)

 

In case of exercising the right of withdrawal, the consumer user is required to return the goods within 14 days from the day on which he communicated his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

The goods must be returned to the aforementioned address.
The right of withdrawal is understood to be exercised correctly if the following conditions are also fully met:
(a) the withdrawal form must be correctly filled in and sent to the Holder within 14 (fourteen) days of receipt of the Products to be returned;
(b) the Products must not have been used or damaged, nor, in any case, must have been altered in their essential and / or qualitative characteristics;
(c) the Products must be returned in perfect condition, with all protective materials, labels and stickers attached (if any) and inside the original packaging, with all accessories and documents;
(d) the returned Products must be delivered to the shipper within 14 (fourteen) days from the date on which the User sent the relevant withdrawal form to the Owner.

Once the return authorization confirmation has been received, it will be possible to proceed with the shipment of the product you want to return; together with the authorization, the Owner will send the User all the information necessary to proceed with the shipment (recipient, address, …).

The costs for this shipment will be charged to the User who alternatively can choose the courier he prefers, sending the products safely with the necessary guarantees so that they arrive in perfect condition and in any case within 14 days from the day on which he communicated the own intention to withdraw from the contract.

Return shipping costs are charged to the User.
Any customs duties and taxes incurred by the User for customs clearance are not attributable to the Owner.

Following confirmation by the Owner of the conformity of the returned Product (intact product), the full amount of the order will be returned.
The Owner undertakes to refund the price as quickly as possible and, in any case, within 30 days from the date of receipt of the notice of withdrawal.
The refund to the User will be made using the same payment method used by the User with his initial transaction.
The Owner may withhold the refund until the User has demonstrated that he has returned the goods.
If Users exercise the right of withdrawal in a manner that does not comply with the methods and terms referred to in this article, they will not be entitled to a refund of the price.
Failure to return the goods within the established terms implies, in any case, the forfeiture of the right of withdrawal.

Presents

The recipients of the gifts cannot exercise the right of withdrawal and receive a refund. The right of withdrawal must be requested by the person who placed the order, always within the terms described above (see RIGHT OF WITHDRAWAL).

Gift Cards

• The Gift Card can only be used for online purchases on the official Roberto Poggiali shop and is available for pre-established amounts (€ 100.00 € 250.00 € 500.00 € 1,000.00) and each cut is combined with a specific code. The Gift Card is not transferable, refundable, rechargeable, nor convertible into cash and cannot be credited to any credit card or current account;

  • The card is sent to the recipient by e-mail (Virtual Gift Card) containing the code for use and instructions for use; the same cannot be purchased together with products to be physically shipped;
  • It can be used for the purchase of all Roberto Poggiali products available online or for the creation of Personalized Jewels;
  • It is possible to purchase multiple cards simultaneously and within the same order, with no purchase limits;
  • Each card is associated with a unique code, which must be entered in the field at the bottom of the check out page “Did you receive a gift certificate from a friend? Enter it here! ” so you can take advantage of its value. The Promo Code is generated at the time of purchase and linked to the recipient’s e-mail address;
  • The card is valid for 12 (twelve) months from the date of purchase. Upon expiry of the validity it can no longer be used and will not be subject to any form of reimbursement for the residual credit;
  • The card can also be used in multiple solutions and can be used for multiple purchases, until its value is exhausted. If the purchase price of the items ordered is lower than the value of the card, the difference can be used in a subsequent purchase, while, if it is higher, the difference must be paid using the payment methods accepted by our shop (see General Conditions of sale).

Any difference due will be displayed in the shopping cart of the Roberto Poggiali official shop at the time of checkout.

  • Items purchased using the card will be subject to the general conditions of sale indicated on the website www.robertopoggiali.it/en
  • In case of exercise of the right of withdrawal in relation to one or more products in the order paid with the Gift Card, a new card will be issued for an amount equal to the value of the goods for which the withdrawal has been exercised. The new card will be sent automatically to the e-mail address indicated by the user when registering on the site and can be spent exclusively on the site www.robertopoggiali.it/en; In the event that the Card has already been used for previous purchases to the one for which the right of withdrawal was exercised, the new Card will be issued for the residual value present at the time the withdrawal was made.
  • In case of cancellation of the order paid with the Gift Card, the relative value will be credited back to the card;
  • The Owner declines all responsibility in case of improper or fraudulent use of the card;
  • Any complaints and / or requests for information regarding the use of the card can be sent to the following e-mail address: shop@robertopoggiali.it
  • Any dispute relating to the use of the card will be governed by Italian law.

Legal guarantee of conformity for goods

Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this Website in accordance with the laws of the country of their habitual residence.

National laws of such country may grant such Users broader rights.

 

The User has the right to restore, without charge, the conformity of the goods by repair or replacement and can exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to the Owner within two months of discovery.

Many of the Products offered for sale are handmade with artisanal processes and therefore there may be some differences from the original photo.

A peculiarity of the handcrafted products is their uniqueness, given by small differences even between the products of the same series.

The photos of the products may differ from the actual tone of the metals, the color of the stones, and other details, due to the monitor used.

  • The following are excluded from the scope of the legal guarantee:
  • Discrepancies, defects, failures and / or malfunctions caused by accidental events or by the User’s responsibility or by use of the product that does not comply with its intended use (bumps or dents …)
  • Alterations, repairs or modifications not carried out by Roberto Poggiali.
  • Normal wear and aging.
  • The processes that provide silver, rhodium or gold galvanic finishes are excluded from the guarantee as well as the accidental breakage of stones.

Therefore, the color change resulting from the inappropriate use of our Products should not be considered a manufacturing defect.

It is therefore necessary to pay attention in order to avoid bumps or rubbing on other surfaces and that the jewelry does not come into contact with aggressive chemical substances and agents or with heat sources.

 

Roberto Poggiali jewels have a vast assortment of natural pearls, semiprecious, precious, synthetic, and hard stones which are carefully selected.

Despite this, semi-precious and hard stones can show natural variations in colour, inclusions, veins and streaks. These characteristics should not be considered imperfections, but intrinsic qualities of natural stones or pearls, especially baroque ones.

In order to take advantage of the guarantee, the User must provide proof of the purchase date by keeping the payment receipt.

In the event that you find a lack of conformity on the products purchased by the Roberto Poggiali brand during the period of validity of the legal guarantee, the user is requested to contact customer service at the e-mail address shop@robertopoggiali.it reporting the their personal data (name, surname and address) and the order number. The company will ascertain any discrepancy or manufacturing defect, reserving the right to request photographic evidence of the defective goods before authorizing a return due to a manufacturing defect.

 

All damages incurred after the two-year legal warranty period may be subject to the Roberto Poggiali repair service rates, including all requests for repairs of stones and pearls.

For purchases between individuals or between companies (purchase with an invoice made out to a company with a VAT number), the general provisions of the Civil Code (Article 1490 et seq.) Are applicable which provide a one-year guarantee to be paid by the seller against “defects that make the asset unsuitable for use or reduce its value”. In this case, the claim must be made within eight days from the discovery of the defects, and the proof is always at the buyer’s expense. The conditions of sale signed are very important, as well as – especially for used goods – the state of the property at the time of purchase.

 

Contacts And Customer Care

The Owner Roberto Poggiali guarantees assistance to the user before the sale and after the sale through the e-mail address:shop@robertopoggiali.it

OR through the service
·  Join.chat ©  handled by Slurp & Cream SL  ™ present on the site, as external manager for the processing of data that will be provided using this service. Please read the terms and conditions of the service at: https://join.chat/en/privacy-policy/

 

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any losses that are not the direct consequence of a breach of the Terms by the Owner;
  • any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Website. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Website.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.


Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.


US Users
Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.


Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.


Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.


Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.


Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.


Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.


Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Example withdrawal form

Addressed to:

ROBERTO POGGIALI di Gloria Poggiali Via di RIPOLI 64r/66r, 50126 Firenze (Italia)
Pec: robertopoggiali.gp@pec.it

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

  • Ordered on: _____________________________________________ (insert the date)
  • Received on: _____________________________________________ (insert the date)
  • Name of consumer(s):_____________________________________________
  • Address of consumer(s):_____________________________________________
  • Date: _____________________________________________

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Product

A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by this Website as described in these Terms and on this Website.

Terms

All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Website.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Latest update: February 24, 2021

 

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