GENERAL TERMS OF SALE
By making any purchase through this Website www.blossomgioielli.com, you fully accept these "General Terms of Sale". Therefore, we invite you to read them carefully: they constitute the contractual discipline applicable in the relationship between the Buyer and Blossom Gioielli, with registered office in Via Napoli 28 Recale (CE), VAT number 04636660617.
Blossom Gioielli offers a wide range of products and services, and therefore you may be subject to a detailed contractual discipline related to the product/service you specifically purchased. In case of conflict, the detailed discipline shall prevail.
Blossom Gioielli is considered the selling party or the "Seller" within these general terms of sale. The Seller is responsible for every sale concluded through this Website, therefore we inform you that the BLOSSOM GIOIELLI Customer Service is at your complete disposal at Whatsapp Number 338 1557633 – E-mail: contact@blossomgioielli.com for all issues that may arise, including information requests and legal warranty obligations specified below.
Art. 1 – Purchase method and procedure.
As a "Buyer," you can select one or more products from those on the Website, and only if they are available in Blossom Gioielli's online catalog, you can add them to your "Cart."
The online purchase procedure allows you to easily browse through products, select them, and easily choose, step by step, the shipping/delivery methods with their specific price quotation and your preferred payment method (among those available).
At the end of the procedure, you will be provided with a summary of the data provided, the selected products, and the chosen shipping and payment options, so that you can verify the content of the order yourself. Only then will you be asked for your final consent or a specific confirmation for the electronic transmission of the order (so-called "Order").
The order is considered a contractual purchase proposal addressed to Blossom Gioielli.
Upon receipt of the Order, Blossom Gioielli will send the Buyer an acceptance e-mail (so-called "Order Confirmation"), provided with an identification code, summarizing the selected products, shipping, and payment methods.
Blossom Gioielli also guarantees prompt communication in case of non-acceptance of the Order.
We invite you to carefully examine and keep the Order Confirmation and its related identification code, also in order to correctly route any subsequent support and/or assistance request.
The Order Confirmation is sent electronically to the e-mail address provided by the Buyer during the purchase procedure.
However, the right of withdrawal remains valid according to the terms and conditions set out in the following art. 2.
Art. 2 – Right of withdrawal.
As provided by law, if the Buyer is a Consumer (i.e., if they are not acting within their business, commercial, or artisanal activity), they have the right to withdraw from any distance sales contract or contract negotiated outside commercial premises.
If you are a Consumer, you therefore have the right to withdraw from the contract, without giving any reason, within 14 days.
The withdrawal period expires after 14 days from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you are required to inform Blossom Gioielli of your decision to withdraw from this contract by means of an explicit statement (for example, a letter sent by post, fax, or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Art. 3 – Effects of withdrawal.
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
These reimbursements will be carried out using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
The reimbursement may be suspended until receipt of the goods or until the Consumer Buyer has demonstrated that they have returned the goods, whichever is earlier.
Please note that, in case of withdrawal, you are obliged to return the products to Blossom Gioielli, according to the procedures set out in Art. 5, within and no later than 14 days from the day on which you communicated your withdrawal. You will also bear the direct costs of returning the products.
Please pay particular attention to the handling of the products, as you may be held responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods received.
Art. 4 – Exceptions to the right of withdrawal
The right of withdrawal does not apply in case of:
– service contracts after the complete performance of the service if the performance has begun with the express agreement of the Consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the Professional;
– supply of goods made to measure or clearly personalized;
– supply of goods which are liable to deteriorate or expire rapidly;
– supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
– supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
Art. 5 – Return policy ("How to return a product")
In the event that the Consumer Buyer exercises the right of withdrawal, as illustrated in these General Terms of Sale, Blossom Gioielli will contact the Customer [within 3 days], communicating the shipping address:
Blossom Gioielli
Via Napoli, 28 – 81020 – Recale (CE).
All direct shipping costs for returning the product are the responsibility of the Customer.
Please note that the purchased product must be returned intact and in its entirety, complete with all its original accessories and spare parts, including packaging, manuals, and accompanying documentation.
To limit damage to the original packaging, we recommend, when possible, placing it in a second box.
The shipment, until the confirmation of receipt at the Seller's warehouse, is under the complete responsibility of the Customer: in case of damage to the goods during transport, the Seller will notify the Customer of the incident (within 5 working days from the receipt of the goods in its warehouses), to allow them to file a timely claim against the courier chosen by them and obtain reimbursement for the value of the goods (if insured); in this event, the product will be made available to the Customer for its return, simultaneously canceling the withdrawal request.
The Seller is not liable in any way for damage or theft/loss of goods returned with uninsured shipments; upon its return, the product will be examined to assess any damage or tampering not resulting from transport, which will be charged to the Customer.
Art. 6 – Payments
Payments for sales contracts stipulated through the Website can only be made using the instruments illustrated to the Customer during the online purchase procedure.
If the Customer proceeds with the purchase of products by paying the price by credit card, the reference banking institution will immediately verify the validity of the credit card.
Information relating to the buyer's credit card is transmitted via a protected connection directly to the website of the banking institution managing the transaction, is acquired by the latter at the Seller's request and used to carry out payment transactions.
Art. 7 – Product shipment and accounting documentation.
The Seller can only accept orders with delivery to the national territories indicated in the options available during the online purchase procedure. The seller reserves the right not to accept orders with delivery to islands or remote locations. Shipments to PO boxes are not accepted.
Shipping costs are calculated automatically during the online purchase procedure and are known to the Customer before their final consent and confirmation of the electronic transmission of the Order: all product deliveries are at the Seller's risk: the risk will transfer to the Customer upon delivery of the products to the Buyer or a designated third party, carried out by the shipper, carrier or other agent appointed by the Seller for delivery.
The recipient of the goods is responsible for paying taxes and customs duties as required by the regulations in force in the destination territory of the goods.
Without prejudice to the provisions of article 8, no liability whatsoever can be charged by the Buyer to the Seller in case of delay in order processing or product delivery caused by reasons not attributable to the Seller's conduct.
Unless otherwise communicated to the Customer, product delivery is understood to be at street level: the presence of the Customer or their representative is always required at the designated location and on the scheduled delivery day.
Upon delivery of the products by the appointed courier, the Customer is required to check: (a) that the number of packages delivered corresponds to what is indicated in the transport document and (b) that the packaging is intact, not damaged or otherwise altered, including the sealing materials.
Any damage to the packaging and/or products or the discrepancy in the number of packages or indications must be immediately contested by the Customer, by writing "accepted with reservation" on the courier's delivery receipt.
Furthermore, without prejudice to the terms provided by the Warranty for products sold by Blossom Gioielli, the Customer undertakes to promptly report - and in any case no later than 8 (eight) days from the date of delivery to "BLOSSOM GIOIELLI" Customer Service - any problem concerning the physical integrity, correspondence or completeness of the products received.
In the event of failure to collect the material in storage at the courier's warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Customer at the time of the Order, the Order will be automatically cancelled; in this case, the Seller will refund the sum received as payment, net of the costs for the attempted and unsuccessful shipment.
For each contract, the Seller will issue a delivery note (DDT) or, for those Customers (not Consumers) who have and have entered their VAT number in the personal data relating to the order, an invoice relating to the products that will be shipped.
For the issuance of the invoice, the information provided by the Customer at the time of the order will be used as a reference: no changes to the invoice will be possible after its issuance, nor will it be possible to issue an invoice after the order has been processed to Customers who have not provided their VAT number at the time of the Order.
Art. 8 – Product availability, delivery times and pricing policies
All product prices in Blossom Gioielli's online catalog include VAT, applicable according to law.
Information on the availability of each product is present on its respective product page.
Please consider that the estimated times for shipping and delivery of products are purely indicative and not mandatory, therefore, no complaints relating to products delivered promptly in any case, or within 30 days from the Order Confirmation, will be accepted.
Blossom Gioielli, despite every effort made to constantly update and verify its online catalog, cannot exclude that a material error or other technical inconvenience relating to the indicated prices may sometimes occur.
Should it happen that the price indicated in the online catalog is lower than the correct one, Blossom Gioielli will contact you to verify if you still wish to purchase the product at its correct and actual price, otherwise the order cannot be accepted and processed by Blossom Gioielli.
Conversely, should it happen that the price indicated in the online catalog is higher than the correct and actual one, Blossom Gioielli will only charge the correct price, processing the order and shipping the item.
Art. 9 – Warranty on products sold by Blossom Gioielli and limitations of liability
As provided by law, the warranty on products sold by Blossom Gioielli varies depending on whether the Customer is a Consumer or a Professional (a Consumer is understood to be a Customer who does not make the purchase within their business, commercial, or artisanal activity).
If you are a Consumer, you benefit from the "Legal Guarantee of Conformity" which the seller is obliged by law to provide for every product sold: you will be entitled to the free restoration of the conformity of the goods through repair or replacement, or, if this is not possible, to a reduction in the purchase price or the termination of the contract.
Breakages or damage to the goods due to improper use are not included among the defects of conformity.
Blossom Gioielli is therefore only liable for defects of conformity if they manifest themselves within two years from the date of delivery of the goods to the Consumer.
In any case, you will have the burden of reporting the defect of conformity within two months of its discovery, otherwise you will lose the right to the warranty.
If you find a defect of conformity in the goods purchased from Blossom Gioielli, please contact BLOSSOM GIOIELLI Customer Service by telephone – Number 338 1557633 – E-mail: contact@blossomgioielli.com who will be able to provide you with all useful information for the quickest and most effective resolution of the problems encountered.
Please pay particular attention to the fact that Blossom Gioielli cannot, however, be held responsible for non-substantial differences between the purchased items and their descriptions and illustrative images present in the online catalog.
Blossom Gioielli, except in proven cases of willful misconduct or gross negligence, will only be liable for direct and foreseeable damages at the time of conclusion of the sales contract.
Consequently, it cannot be held liable for any losses suffered, loss of profit or any other damage that is not a foreseeable, immediate and direct consequence of the non-performance.
Art. 11 – Applicable law and competent court
The Purchase Contract between the Customer and Blossom Gioielli is understood to be concluded in Italy, and is therefore governed by Italian Law.
For any dispute, the Judicial Authority of Caserta will be competent, with the exception of disputes with Consumers, which will instead fall under the jurisdiction of the Judicial Authority of the place of residence or domicile of the Consumer Customer.
Art 12 – Alternative dispute resolution.
Alternative dispute resolution is the term used to describe all different ways of resolving a dispute, excluding legal proceedings: typically, a third party above the parties acts as an intermediary between the Seller and the Buyer.
In compliance with Community legislation, we point out the online dispute resolution (ODR) platform at the Union level for resolving out-of-court disputes concerning contractual obligations arising from online sales or service contracts between consumers resident in the Union and professionals established in the Union: http://ec.europa.eu/consumers/odr/