Terms and conditions for online sales
Art. 1 – Foreword and Parties to the contract
The offer and sale of products, namely jewellery and faceting tools and machines (hereinafter, for simplicity’s sake, the “Products”), through the www.gemmarum.it website (hereinafter, for simplicity’s sake, the “Website” ) shall be governed by these Terms and Conditions (hereinafter, for simplicity’s sake, the “General Conditions”) that shall be read by the purchaser (hereinafter the “Customer”) before making any kind of purchase on the Website, and that shall be deemed as accepted upon ordering products on the Website. Failure to view and acceptance of the same shall not allow the execution of the purchase order and conclusion of any sales contract.
The Customer is any natural person who buys products for exclusively personal purposes. Any person who purchases Products as part of their trade, business or professional activities, cannot therefore be considered as a Customer, and the Seller may refuse to sell them products. In particular, this excludes sale to agents, companies and retailers.
The Website and the sale of products are directly managed by
GEMMARUM LAPIDATOR SRL,
a company with its registered office in Cavalese, Località Podera n. 1 ,
VAT IT 01586730226
(hereinafter, for simplicity’s sake “Seller”).
The “Seller” can always be contacted for further information and/or any claims at the following email address email@example.com or on the following telephone number + 39 (0) 462 342662.
The Seller reserves the right to modify these general conditions of sale. It is therefore necessary to review the terms and conditions before placing an order on www.gemmarum.it. Such modifications shall be immediately enforceable against the Client as of their publication, and shall not apply to contracts concluded earlier.
For any matter not specifically regulated in these Terms and Conditions, please refer to the Consumer Code and Civil Code.
Art. 2 - Products
GEMMARUM LAPIDATOR srl sells, and Customers purchase via the online tool, products exclusively marketed through the website.
Every product sold on the website is represented by a picture and described in its corresponding information sheets. Specifically, photographic images of products, which could not be fully representative, are merely to present such products for sale, being as close to reality as possible. The price listed for each product shall be taken exl. VAT
The duration and validity of the offer and its price, when not specifically mentioned, coincides with the permanence of the product for sale on the Website. The Seller is free to change any product displayed on the Website at any time.
ART. 3 Order procedure
If a Customer wishes to place an order, the Customer must add the desired Products to the Customer basket by clicking on the “add to cart” button. The Customer can, at any moment, access the Customer cart and make changes by clicking on the corresponding link.
Once the Customer is ready to confirm the Customer cart, and therefore the order, the Customer must click on the “proceed to checkout” button.
The Customer will then follow the order procedure by providing the required invoicing and delivery information.
The Customer will receive an information summary at the end of the procedure:
Ordered Products description;
Ordered Products price (excl. and incl. VAT);
Total order price;
Method of payment;
Type of delivery;
The present General Terms and Conditions of Sale.
In this way, the Customer can then correct any mistakes which may have occurred when entering the information.
If the order is correct, the Customer must read these General Terms and Conditions and accept them by ticking the box for this purpose or by cancelling the order.
The Customer then confirms the order by clicking on the “place order” button. This final confirmation counts as a signature and express agreement of both the order and these General Terms and Conditions.
ART. 4 Purchase conditions and conclusion of contract
To conclude any purchase of Products contract, after creating an account, or logging on, if the Customer is already registered, the Customer shall fill out an order form and complete the payment transaction in the manner provided, following the procedure established by the Seller, through which the Customer can check any information inserted, correct any error, or enter any missing essential information, before submitting the form.
The order form contains a link to the General Conditions, a summary of information on the characteristics of each product ordered, its relative price (including VAT, any applicable taxes and additional freight, delivery or mail), the means of payment accepted to purchase each product and the terms and delivery of any purchased product.
By sending the order form via computer, the Customer expresses the proposed purchase. The Seller, which in any case reserves the right at its discretion to refuse any order, providing for the refund of the amount paid by the Customer, accepts the Customer’s proposal by sending a confirmation message containing the terms and conditions (also including provisions on the right of cancellation) in a printable format and a copy of the order, to the email address that the Customer specified when creating an account.
Art. 5 - Availability
1. Products are available for sale as they appear on the Website, except for another customer has already concluded a purchase immediately before you or in case product range which is not available for online sales.
2. In the event that a Product is unavailable once an order has been placed, Gemmarum Lapidator Srl will immediately inform the Customer and will, if needs be, reimburse the Customer as quickly as possible and at the very latest within fourteen (14) days.
3. If the buyer requests the cancellation of the order, by terminating the contract, Gemmarum will refund the amount paid within 15 days from the moment in which Gemmarum became aware of the buyer's decision to cancel the contract.
Art. 6 - Payments
Payment methods include Credit cards or bank transfer. Data for payment by PayPal or bank transfer are contained in the “Payments” section of the Website and are an integral part of the General Conditions.
Payment for Product or Products, taxes, transport and delivery costs, is made at the time the order by the Customer.
In cases of purchase by bank transfer, this shall be made to the bank account of the Seller as indicated on the Website in the “Payments” link. As ordered by the customer it shall be retained by Seller until receipt of proof of payment (irrevocable transfer) is sent to the Seller’s email address as indicated in the Introduction, no later than 3 working days of the order date. The order shall be processed only when the actual crediting of the amount due has been made, which nevertheless shall be within 7 working days from the order date. Upon expiry of the aforementioned terms, in the event of failure to make such transfer, the order shall be cancelled.
In cases of purchase of goods via PayPal, simultaneously with completion of the online transaction, PayPal shall immediately charge the amount of the order made. In the case of unavailability of funds or refusal to pay by PayPal, the order shall be rejected by the Seller.
In the case of cancellation or non-acceptance, and in other circumstances that legitimise the restitution of the amount paid by the Customer, the Seller shall, by the same means of payment chosen by the Customer, reimburse any sums charged, within the times necessary for the re-accreditation to the Customer’s current account or PayPal account.
Art. 7 – Deliveries – Risk Transfer
1. In the absence of specific conditions at the time when the order is placed, Gall Products are “delivered at Place”. Products depart from Gemmarum’s warehouse, situated at loc. Podera 13 – I-38033 CAVALESE. Products travel at the risk of Gemmarum. The latter may, in the event of damage, make claim to the transporter.
2. Gemmarum will send the purchased products/instruments to the delivery address provided by the buyer at the time of purchase.
3. Delivery is made, for the Italian territory, generally within 2-5 working days depending on the service chosen of the courier used in the destination area. If no delivery date is specified within the estimated deadline at the time of selection, in any case within the maximum term of thirty days form the date of confirmation.
4. For the countries of the European Union the delivery will be made in 3 – 7 working days, and in any case, within the maximum term of thirty days.
5. Any Customer complaint regarding compliance of a delivered Product with the order must be sent to Gemmarum within five (5) days after the Customer has received the Product. After this time, the Customer is deemed to have irrevocably and unconditionally accepted the delivery.
5. if delivery is not possible the order will be sent to the relative warehouse. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
6. If delivery cannot take place for reasons not attributable to us after thirty days from the date order was ready for delivery, we will assume that it is intended to terminate the contract
. 8. In case of termination, the paid amount will be returned, including delivery costs, but excluding any additional costs deriving from a new delivery method. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
Art. 8 - Guarantees
Subject to applicable law and as of the Product Delivery Date:
All Equipment, including parts and labour, is guaranteed for a period of twelve (12) months.
The present guarantee covers all Product issues relating to non-conformity and/or hidden defects, to the exclusion of (i) any warranty (express or implied) and, (ii) any worn out parts, integrated products and accessories which have not been manufactured by Gemmarum. In the latter case, the Customer will make a representation to the Product manufacturer in question.
In the event of a claim, the Customer will send an email to Gemmarum at the following address: firstname.lastname@example.org . Gemmarum will inform the Customer of the correct procedure to follow.
In this case, the Products will be returned to Gemmarum at the Customer’s expense and responsibility.
Gemmarum will, at its own discretion, repair or replace the guaranteed Products which Gemmarum has deemed to be faulty, as quickly as possible. It is only in this case that the Products will be returned to the Customer at Gemmarum’s expense.
If a Product under guarantee is returned and is deemed to be no longer under guarantee, in compliance with Article 11.1, the necessary services to be supplied by Gemmarum to the Products in question will be invoiced to the Customer, following a quote which the Customer will have received and accepted prior to any such services being provided.
The present guarantee will not be extended following damaged Product replacement and repair. 11.1. Subject to applicable law, all guarantees are excluded in the event of (i) the Customer’s failure to pay the Price, (ii) abnormal and/or improper use of Product in respect of its designation and/or documentation, (iii) usage which does not comply to the Product laws and regulations in force in the country of use, (iv) combining one or several Products with another product (or Product) which would lead to infringement of the rights of any third-party, (v) a Product/Service infringement or alleged infringement on third-party patent(s), (vi) Customer negligence, and (vii) force majeure.
In the event that a fault occurs with a Product after the aforementioned period, the Customer will inform Gemmarum by sending a detailed description of the problem using the method of communication of the Customer’s choice. Gemmarum may offer the Customer a maintenance service as part of a separate contract.
In the event of a claim by a third-party for infringement of intellectual property rights caused by a Product, the Customer will, subject to the provisions of Right of Use: (1) inform Gemmarum as quickly as possible, (2) accept that Gemmarum may, as it wishes and at its own expense, either (i) replace or change all or part of the Products, on the condition that the Customer has respected all the Customer commitments and that legal action was taken before a competent court and that Gemmarum is able to offer a defence as it has the full right to do, and with full Customer collaboration and support; or (ii) gain user rights for the Customer under the same conditions, for a solution offering essentially the same precisions; or (iii) make a unilateral decision to end the right which had been granted and reimburse the Customer the Price excluding tax paid by the Customer for the Product in question if the said third-party claim is made within two (2) years following the Delivery Date.
The same will apply if Gemmarum deems a similar claim to be possible.
The provisions of this Article define all Gemmarum obligations in terms of Product guarantee.
Art. 9 – Right of withdrawl
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products
2. The buyer who intends to exercise the right of withdrawal from the purchase can send an email, indicating the order number and name of the buyer, to:
5. The purchased item/items must be returned to:
Gemmarum Lapidator srl - Località Podera 13 - IT 38033 CAVALESE (TN)
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 15 days, including any shipping costs.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until the goods are received or until the buyer demonstrates that he has returned the goods.
8. The right of withdrawal will not apply in the event that the services and products of Gemmarum are included in the categories of art. 59 of Legislative Decree 206/200.
9. The site will make the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.
Art. 11 - Contacts
1. Any request for information ca be sent by e-mail to: email@example.com , phone: +39 (0)462 342662, or by post to the address:
Località Podera 13 -I- 38033 Cavalese (TN)
Art. 12 - Applicable law – Judicial authorities
1. The present Terms & Conditions for online sales are subject to Italian law. The Parties specifically accept all the terms and consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. If no amicable agreement is reached within thirty (30) days of notification via registered letter with acknowledgement of receipt, regarding the other Party’s misconduct, each Party will be able to submit the dispute to the competent authorities at the Court of Appeal in Trento (Italy) only, notwithstanding a plurality of respondents or a guaranteed appeal.
These terms of sales were drawn up on 04/08/2020.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.