Terms and conditions
Terms and Conditions of www.jewenils.com
These Terms govern
- the use of this Website and
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
https://jewenils.com is the official online store website for Jewenils products!
The above mentioned site is managed by Shopify and Martina Riello as owner of the sole proprietorship Jewenils , with registered office in:
Via Parisi snc, Camellia Park 2,
81043, Capua (CE)
Owner's email address: Jewenils@gmail.com
What you need to know at a glance
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
- The right of withdrawal applies only to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section are generally applicable.
Additional conditions of use or access applicable in specific situations are expressly indicated in this document.
By using this Website the User declares to satisfy the following requirements:
- There are no restrictions regarding Users as to whether they are Consumers or Professional Users.
REGISTRATION
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You cannot use the Service without opening a User account.
It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his/her access credentials. Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, illegally disclosed or stolen.
ACCOUNT CLOSURE
The User is free to close his/her account and cease using the Service at any time by following this procedure:
- By contacting the Owner at the contact details in this document.
ACCOUNT SUSPENSION AND CANCELLATION
The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
CONTENTS ON THIS WEBSITE
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
RIGHTS TO THE CONTENTS OF THIS WEBSITE
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unchanged.
ACCESS TO EXTERNAL RESOURCES
Through this Website, Users may have access to 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.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.
PERMITTED USE
This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.
It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:
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violations of laws, regulations and/or the Terms;
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infringement of third party rights;
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actions that may significantly harm the legitimate interests of the Data Controller;
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offences to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
PAYMENT PRODUCTS
Some of the Products offered on this Website as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
To purchase the Products, the User is required to register or log in to this Website.
PRODUCT DESCRIPTION
Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.
Furthermore, the products you can find on Jewenils are handmade with natural stones that differ in shape and color. In this way, the jewels present are reproducible, but unique among themselves.
The characteristics of the selected Product will be specified during the purchase procedure.
PURCHASE PROCEDURE
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
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Users are requested to choose the desired Product and verify their purchase choice.
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After checking the information visible in the purchase choice, Users can place the order by forwarding it.
SENDING THE ORDER
Sending the order entails the following:
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The sending of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
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In the event that the purchased Product requires an active contribution from the User, such as the provision of personal information or data, specifications or particular requests, the forwarding of the order also constitutes the obligation for the User to collaborate accordingly.
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Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
PRICES
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
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include all applicable fees, taxes and charges.
PROMOTIONS AND DISCOUNTS
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that Users may assert in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the headquarters of the Owner, as indicated in the contact details in this document.
VOUCHERS
Promotions and discounts may be offered in the form of Vouchers.
In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:
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Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;
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The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
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Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of purchases made in installments;
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Vouchers cannot be combined;
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The Voucher must be used within the specified validity period. After the expiration of the period, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
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The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
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The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.
PAYMENT METHODS
Details regarding the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.
All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are borne by the User.
AUTHORIZATION FOR FUTURE PAYMENTS VIA PAYPAL
In the event that the User authorizes the PayPal function that allows future purchases, this Website will store an identification code linked to the User's PayPal account. In this way, this Website will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.
The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.
RETENTION OF TITLE
Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.
RESERVATION OF RIGHTS OF USE
Until the Owner has received full payment of the purchase price, the User does not acquire the rights to use the Products ordered.
DELIVERY
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the countries or territories specified in the relevant section of this Website.
Delivery times are indicated on this Website or during the purchasing process.
FAILURE TO DELIVERY
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.
USER RIGHTS
RIGHT OF WITHDRAWAL
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
WHO ENJOYS THE RIGHT OF WITHDRAWAL
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User is free to express his intention to withdraw from the contract in any suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
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In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
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In the event of the purchase of multiple goods ordered together but delivered separately or in the event of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.
EFFECTS OF WITHDRAWAL
The Owner will refund payments received to Users who have correctly exercised the right of withdrawal.
However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.
…ON PURCHASE CONTRACTS OF TANGIBLE GOODS
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.
Return shipping costs are the responsibility of the User .
EXCEPTIONS TO THE EXERCISE OF THE RIGHT OF WITHDRAWAL WITHIN THE EXPECTED PERIOD
The products made by Jewenils are often handmade, some of which are personalized and created according to specific customer requests, such as rings (made to measure), it should be noted that the consumer code does not apply to these products and therefore there is no right of withdrawal. Therefore, the right of withdrawal is not recognized for personalized items, produced according to the specifications provided by the user or clearly adapted to his personal needs.
Warranties and legal rights
The purchased item is free from significant defects if, at the time of delivery, it presents the agreed quality. To the extent that no specific quality has been agreed between the parties, the purchased item is considered free from significant defects if:
1. is fit for the use for which it is intended under the contract; and/or
2. it is fit for the normal use for which it is intended and its quality is that normally found in articles of the same type, and the buyer can expect such quality given the type of article. The term “quality” includes those characteristics that the buyer can expect on the basis of declarations on the specific characteristics of the article purchased made publicly by the seller, the manufacturer or his representative (for example but not limited to: in advertising or identification material), unless the seller was not aware of the declaration and was not even required to be aware of it, or unless, at the time of the stipulation of the contract, the quality has been modified but is still of the same level, or is not relevant for the purposes of the decision to purchase the article.
The user has the right to contest the defect of the purchased product only if he reports the defect to Jewenils immediately after having discovered it, or immediately after he should have reasonably discovered it. Reports of defects made within seven days of their discovery are considered timely.
RESPONSIBILITY
These Conditions of Sale establish all the obligations and all the responsibilities of Jewenils regarding the purchase and sale of products through the site. In particular, Jewenils does not guarantee that the products are suitable for the purposes/expectations foreseen or requested by the user