Terms and Conditions of Sale
These terms and conditions govern the sale of products on the website www.cosevane.com and regulate its use. The Seller reserves the right to periodically modify these Terms and Conditions of Sale and the Privacy Policy, for example, following changes in legislation or regulations or the website’s functions. Any such changes will be communicated to users through the website with a specific notice for a duration of 10 (ten) days from the modification. The customer is required to carefully read the Terms and Conditions made available on the website in order to acknowledge, store, and reproduce them, as per Article 12, Paragraph 3, of Legislative Decree No. 70 of April 9, 2003. Contracts concluded with the Seller through the website are governed by Italian law, particularly by Legislative Decree No. 206 of September 6, 2005, and subsequent amendments. Below are the Terms and Conditions of sale applicable to any product sold on the website.
ARTICLE 1 – DEFINITIONS
For the purposes of this contract, the following terms apply:
Seller: Via Giosue’ Carducci, 65 56127 Pisa (PI) – VAT No. 01631410501 REA Code: PI-1550066
Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Platform or Website: The website www.cosevane.com.
Users: Any individual who accesses the website and continues to navigate it.
Customer: Any individual who purchases products sold through the website.
Consumer: A natural person acting for purposes outside of their professional or entrepreneurial activity.
Products: Retail sale, through Electronic Commerce, primarily of jewelry and fashion accessories.
Purchase Order or Order: The purchase proposal made by the User through the website’s procedures, particularly through the Cart.
Purchase: The onerous purchase of the products from the date of purchase.
Cart: The phase of the purchase process in which the User formulates their purchase proposal, selecting payment methods, delivery methods, and similar.
ARTICLE 2 – OBJECT
These Terms and Conditions of sale concern the products described in the following Article 3 and are valid between the Seller and any User who makes a purchase on the website, acting as a Consumer under current regulations. If any condition is found to be null or ineffective, such nullity or ineffectiveness shall not extend to the remaining clauses of these Terms and Conditions.
ARTICLE 3 – PRODUCT DESCRIPTION
The website deals with retail sales, under the Electronic Commerce regime, primarily of jewelry and fashion accessories. Information regarding the Products, along with their product codes, is available on the website, where the Customer will find details of the main features of each individual Product. The website may not contain all the Products, which represent a selection of items typically available in partner stores. All Products are subject to availability at the time. The Seller reserves the right to change the quantity and/or type of Products available for online purchase on the website at any time. The style, models, and colors of the Products described on the website may be changed without notice. During the transaction process, an automatic response will inform the Customer of the time required for order fulfillment and/or any inability to process the order due to the unavailability of the ordered Product. It will also be possible to purchase a line of customizable jewelry and accessories. All offered products are described and illustrated on the website in their respective sections. The images of the Products presented on the website are for demonstrative and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies, or slight differences between the graphic/photographic representation of the Product and the actual Product. Therefore, the photographs of the Products on the website do not constitute a contractual element but are merely symbolic representations of the purchased Product. Given this particular sales method, the User is advised that any differences between the representations of the Products on the website and the Products actually delivered can only be contested if they are significant.
ARTICLE 4 – PRICES AND INCIDENTAL EXPENSES
Product prices are displayed in euros and include all applicable taxes or duties. Delivery charges, clearly indicated on the order form, must be added to the Product prices. The Seller continuously checks that all prices indicated on the website are correct, although this cannot guarantee the absence of errors. In the event of an error regarding the price of a Product, the Seller will give the Customer the opportunity to confirm the order for the Products at the correct price or cancel it. Online store prices may change. In such cases, the prices published at the time of the order on the online store will be considered.
ARTICLE 5 – REGISTRATION
In order to make purchases on the website, the User can create a specific account, entering their personal data and choosing the sales and service methods. The User who wishes to register on the website must provide all the required data and is responsible for their accuracy and correctness.
In case of registration, at the time of entering the data, the User guarantees that they:
- are at least 18 years old;
- have the legal capacity to enter into contracts.
ARTICLE 6 – ORDERS
The Customer can purchase the Products by following the procedures described on the website. In order to complete the purchase of one or more Products, the Customer must complete the electronic Order form and send it to the Seller, electronically, following the instructions. The Customer must add the Product to the “Cart” and, after viewing the cart, choose the desired delivery method and payment method. Before submitting the order, the Customer will be asked to carefully read the Terms and Conditions, print a copy, and save or reproduce it for their own personal use. The order will be processed only after the Seller has received confirmation of payment.
ARTICLE 7 – PAYMENT METHODS
The Customer can pay for the Products and the delivery costs through the payment methods indicated on the website.
ARTICLE 8 – DELIVERY METHODS AND COSTS
The delivery of the Products can take place within the territory of the European Union. The Customer can choose one of the delivery methods indicated on the website and is solely responsible for providing the correct and complete data necessary for delivery. The delivery cost is explicitly indicated at the time of order placement and must be paid by the Customer in addition to the price of the purchased Product.
ARTICLE 9 – RIGHT OF WITHDRAWAL
Pursuant to Article 52 of Legislative Decree No. 206 of September 6, 2005, as amended, the Customer has the right to withdraw from this contract without providing any reason within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). The Customer may use the attached withdrawal form, but it is not obligatory.
ARTICLE 10 – EFFECTS OF WITHDRAWAL
If the Customer withdraws from this contract, the Seller shall reimburse all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 (fourteen) days from the day on which the Seller is informed about the Customer’s decision to withdraw from this contract. These refunds will be made using the same means of payment as the Customer used for the initial transaction unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
The Seller may withhold reimbursement until the Seller has received the goods back or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest. The Customer shall send back the goods or hand them over to the Seller, without undue delay and in any event not later than 14 (fourteen) days from the day on which the Customer communicates their withdrawal from this contract to the Seller. The deadline is met if the Customer sends back the goods before the period of 14 (fourteen) days has expired. The Customer will have to bear the direct cost of returning the goods. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
ARTICLE 11 – GUARANTEES AND NON-CONFORMITY
All the Products sold on the website are covered by the legal guarantee of conformity provided for by Articles 129, 130, and 132 of Legislative Decree No. 206/2005, as amended. This guarantee allows the Customer to obtain a remedy from the Seller, without charge, if the purchased Product has a lack of conformity, provided that the Customer reports the defect to the Seller within 2 (two) months of its discovery. In the event of a lack of conformity, the Customer may request, alternatively and without charge, the repair or replacement of the Product unless the remedy requested is impossible or excessively expensive compared to the other. If repair or replacement is not possible or is excessively expensive, or the Seller has not repaired or replaced the Product within a reasonable time or has caused significant inconvenience to the Customer, the Customer may request a reduction in the price or the termination of the contract. The Customer is not entitled to a remedy if they are aware of the lack of conformity at the time of conclusion of the contract or could not have been unaware of it using ordinary diligence.
ARTICLE 12 – CUSTOMER OBLIGATIONS
Customers must read these Terms and Conditions of Sale carefully, as well as the Privacy Policy, which is referred to in the same and forms an integral part of them. The Seller reserves the right to change the Terms and Conditions of Sale at any time, giving notice to Users through the website. Customers are therefore required to carefully read the Terms and Conditions of Sale in force at the time of purchase. The purchase of Products on the website is reserved exclusively for individuals acting for purposes unrelated to their commercial, entrepreneurial, or professional activity.
ARTICLE 13 – DATA PROTECTION
The Seller collects and processes the personal data of Customers for the purposes set out in the Privacy Policy published on the website. Customers are invited to read the Privacy Policy carefully to understand how personal data is processed.
ARTICLE 14 – APPLICABLE LAW AND DISPUTE RESOLUTION
Contracts concluded with the Seller through the website are governed by Italian law. In the event of disputes between the Seller and the Customer, arising from the contract concluded through the website, the Seller guarantees the Customer’s participation in an attempt at amicable resolution of the dispute by referring to the European ODR platform (Online Dispute Resolution) available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT. If the Customer is a Consumer, any dispute not resolved amicably will be referred to the ordinary courts of the place of residence or domicile of the Consumer.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law.
Any dispute that may arise concerning the validity, interpretation, performance, and termination of contracts entered into online by the Consumer Customer with the Seller shall be under the exclusive jurisdiction of the court of the Consumer’s place of residence (the so-called consumer forum).
ARTICLE 16 – DISPUTE RESOLUTION
According to Article 49, paragraph 1, letter V of Legislative Decree No. 206/2005 (Consumer Code), the Consumer Customer may use the Parity Conciliation procedure (ADR).
In accordance with Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may file a complaint through the European Union’s ODR platform. For more information, please contact the Seller.
ARTICLE 17 – COMMUNICATIONS
For further information of any kind, you can contact the Seller at the following email address: [email protected], or at the address provided below:
Cosevane by Vanessa Bertagna
Via Giosue’ Carducci, 65 56127 Pisa (PI)
VAT Number: 01631410501 REA Code: PI-1550066
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have read carefully and accept all the clauses of these Terms and Conditions of sale, in particular those of Articles 3, 6, 8, 9, 10, 11, and 12.
