Terms and conditions for online sales
Art. 1 – Foreword and Parties to the contract
1. By browsing this area, users access Gemmarum Lapidator srl, accessible via the URL: www.gemmarum.it (hereinafter "Gemmarum"). Browsing and placing a purchase order on the site implies acceptance of the Terms and Conditions and Data Protection Policies adopted by the site itself, as indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Company: Gemmarum Lapidator Srl
Sede: Località Podera 13 – I- 38033 CAVALESE (TN)
VAT Number: IT01586730226
3. Before accessing the products provided by the site, the user is required to read these General Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which Gemmarum reserves the right to modify unilaterally and without notice.
5. You can use the site and therefore access and purchase the products it provides in the following languages:
E.g., Italian;
English;
German.
Art. 2 Object
1. These General Conditions of Sale govern the offer, forwarding, and acceptance of purchase orders for products on Gemmarum and do not, however, govern the provision of services or the sale of products by parties other than the seller who are present on the same site via links, banners, or other hypertext links.
2. Before placing orders and purchasing products and services from other parties, we recommend checking their terms and conditions.
Art. 3 – Conclusion of the Contract
1. To complete the purchase contract, you will need to complete the electronic form and submit it following the relevant instructions.
2. It contains a link to the General Conditions of Sale, images of each product and its price, the payment methods available, the delivery methods for the purchased products and the related shipping and delivery costs, a link to the conditions for exercising the right of withdrawal, and the methods and times for returning purchased products.
3. 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.
4. The contract is concluded when the seller receives the form completed by the user, after verifying the accuracy of the data contained therein.
5. The buyer will be obligated to pay the price once the online ordering process is completed. This will be done by clicking on the button "Complete purchase" at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its fulfilment.
7. The conclusion of the contract confirms that the buyer has read the product's hazard warnings, where present.
Art. 4 Registered Users
1. To conclude the purchase contract, it will be necessary to complete the online purchase procedure and transmit it following the relative instructions and provide the personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email to the email address they provided. Confirmation must be sent within 5 days. After this period, if confirmation is not received, Gemmarum will be released from all obligations to the user.
3. Confirmation will in any case exempt Gemmarum from any liability regarding the data provided by the user. The user undertakes to promptly inform Gemmarum of any changes to their data communicated at any time.
4. If the user provides inaccurate or incomplete data, or if the interested parties dispute the payments made, Gemmarum will have the right to not activate or suspend the service until the relevant deficiencies are rectified.
5. When a user first requests to activate a profile, Gemmarum will assign them a username and password. The user acknowledges that these identifiers constitute the system for validating the user's access to the Services and are the only system capable of identifying the user. Any actions performed through such access will be attributed to the user and will be binding on the user.
6. The user undertakes to maintain the confidentiality of his/her access data and to safeguard them with due care and diligence and not to transfer them, even temporarily, to third parties.
Art. 5 Product Availability
1. Product availability refers to actual availability at the time the buyer places the order. However, this availability should be considered purely indicative because, due to the simultaneous presence of multiple users on the site, the products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation email has been sent, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected by eliminating the unavailable product, and the buyer will be immediately notified by email.
3. If the buyer requests the cancellation of the order, 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 terminate the contract.
Art. 6 - Products
1. GEMMARUM LAPIDATOR srl sells and markets instruments and machines for the analysis and processing of precious stones and glass.
2. The offer is detailed on our website at the link: www.gemmarum.it
Art. 7 Loyalty Program
1. A points collection program called "IGI Member” & “Loyalty Points Collection" is available. The program operates as follows:
IGI Membership: 10% discount on many items
Loyalty Program for long-term Customers (10+ years): 10% discount on many items
Art. 6 – Payments & Prices
1. The price of the products will be that indicated from time to time on the site, except in the case of an obvious error.
2. In the event of an error, Gemmarum will notify the buyer as soon as possible, allowing the order to be confirmed at the correct price or cancelled. In any case, Gemmarum will not be obliged to supply the item sold at the incorrectly indicated lower price.
3. Prices on the site do not include VAT and shipping costs. Prices are subject to change at any time. Changes do not affect orders for which an order confirmation has already been sent.
4. Once you've selected the desired products, they will be added to your cart. Simply follow the purchase instructions, entering or verifying the required information at each step. Order details can be changed before payment.
5. Payment can be made via:
Credit cards (Visa, Mastercard, American Express);
Paypal (additional fees apply);
Bank Transfer;
Cash on Delivery
Art. 9 Delivery
1. Gemmarum ships throughout Italy and to European Union countries.
2. Gemmarum will deliver both to the address provided by the user and to the collection points indicated at the time of purchase.
3. Delivery within Italy generally takes place within 2-5 working days, depending on the service chosen or the courier used in the destination area. If no delivery date is specified, delivery will occur within the estimated time frame when selecting the delivery method, and in any case, within a maximum of thirty days from the date of confirmation.
4. For European Union countries, delivery will be made within 3-7 working days, and in any case, within the maximum term of thirty days.
5. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the location of the order and how to arrange a new delivery.
6. If you are unable to be present at the agreed-upon delivery time, please contact us again to arrange a new delivery date.
7. If delivery cannot take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
8. As a result of termination, all amounts will be refunded, including delivery costs, excluding any additional costs resulting from choosing a delivery method other than the standard method offered, without undue delay and, in any case, within 15 days of the date of termination. Transportation costs resulting from termination may be additional and will be borne by the buyer.
9. Shipping costs are the responsibility of the buyer and are explicitly highlighted when placing the order.
Art. 10 - Risk Transfer
1. Risks relating to the products will pass to the buyer upon delivery. Ownership of the products is deemed acquired upon receipt of full payment of all amounts due for them, including shipping costs, or upon delivery, if this occurs later.
Art. 11 – Guarantee & Trade Compliance
1. The seller is responsible for any defect in the products offered on the site, including non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer (private person), i.e. any natural person acting on the site for purposes outside of any business or professional activity, this warranty is valid provided that the defect occurs within 24 months of the date of delivery of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; and that the online return form is correctly completed.
3. In the event of non-conformity, the purchaser who entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products free of charge, through repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent refund of the price.
4. All return costs for defective products will be borne by the seller.
Art. 12 – Right of withdrawal
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. In the case of multiple purchases made by the buyer in a single order and delivered separately, the 14-day term starts from the date of receipt of the last product.
3. 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 info@gemmarum.it
4. The buyer must exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract.
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 AT THE PURCHASER’S CARE AND EXPENSE, 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/she must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.
Art. 13 – Privacy Policy
1. We collect, use, and safeguard your information when you visit our website www.gemmarum.it in accordance with European General Data Protection Regulation GDPR no. 2016/679. Please read our privacy policy carefully. If you do not agree with the terms of privacy policy, please do not access the site.
2. The data controller is Andrea Vaia.
3. Gemmarum Lapidator is responsible for data processing and privacy policy.
4. The data will be prcessed at Gemmarum's head quarters - Località Podera 13 - I- 38033 Cavalese (TN).
5. Data processing is performed exclusively electronically, using IT tools and media designed to ensure data security and confidentiality. Stored information is protected form unauthorized access.
6. We process data provided by users relating to purchase orders, payments (which may include name, address, contact details), IP address and any other data communicated.
7. The purpose of using this data is to process purchase orders and payments, to communicate the data to third-party payment and shipping service providers, as well as to provide informational contacts regarding the site's activities and services, and to provide commercial offers from affiliated companies and commercial partners.
8. Providing your data and consenting to its processing for the puposes set out in the contract, i.e. ful filling your order and making the relevant payment, is necessary for the conclusion and execution of the contract. Therefore, refusal to provide such data or to conent to its processing will result in the user being unable to purchase the products and services offered.
9. Providing your data and consentig to its processing for commercial communications is optional. However, refusal to provide such data or consent to its processing may result in the user being unable to receive these additional services.
10. The user always has the right to have their data updated, rectified, or integrated; to have their data deleted, anonymized, or blocked if it has been prcessed unlawfully, including data whose retention is unnecessary for the purposes for which it was collected or susequently processed; and to have certification that the operations, including their content, have been brought to the attention of those to whom the data was communicated or dsseminated, except where such compliance proves impossible or involves a manifestly disproportionate effort compared to the right being protected.
11. The user has the right to object, in whole or in part, to the processing of personal data concerning him or her for legitimate reasons, even if pertinent to the purpose of collection and processing of personal data concerning him or her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
12. The user may also revoke at any time the consent to the processing of his/her data previously given to Gemmarum.
13. All rights under EU Regulation 2016/679 may be exercised by writing to the following email address info@gemmarum.it
14. On your first visit, you will be asked to choose your language and offered the option to save your preferred language. To this end, you authorize the use of identification codes (c.d. cookies), which are small files sent from your internet server and stored on your computer's hard drive.
15. The hard drive collects information about the user's language preference and stores the site pages visited. Cookies are used to prevent the user form receiving the same information repeatedly or in the wrong language, and to adapt the site's content and presentation to the user' browser type.
Art. 14 Safeguard Clause
1. In the event that one of the clauses of these General Conditions of Sale is void for any reason whatsoever, this shall in no way compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 15 - Contacts
1. Any request for information can be sent by e-mail to: info@gemmarum.it , phone: +39 (0)462 342662, or by post to the address: Località Podera 13 -I- 38033 Cavalese (TN)
Art. 16 - Applicable law – Judicial authorities
1. The present T&C are subject to Italian law. These General Conditions of Sale are governed by and interpreted in accordance with Italian law, without prejudice to any other mandatory prevailing law of the country of habitual residence of the buyer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes arising from or related to the same shall be resolved exclusively by Italian judicial authorities. Specifically, if the buyer is a Consumer, any disputes shall be resolved by 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.
