CONTRACTING PARTIES

These conditions are valid exclusively between the company NOSTRO ATHOS, with registered office in Via Risorgimento, 47 – 98123 Messina, Italy – VAT number 02153920836, tel +39 090 670 755, email , hereinafter referred to as “Athos Gioielli” and any person who makes online purchases on the website www.athosgioielli.it hereinafter referred to as “Customer”. These conditions may be subject to changes and the date of their publication on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the site www.athosgioielli.it, in accordance with the provisions of the Consumer Code, Legislative Decree. n. 206/2005, as amended by Legislative Decree. n. 21/2014 (and subsequent additions and/or amendments) and by Legislative Decree. 70/2003 regarding electronic commerce (and subsequent additions and/or amendments).

PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER

Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product sheets at the time of choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed regarding:

• total price of the goods including taxes, with details of shipping costs and any other costs;
• payment methods;
• the deadline within which Athos Gioielli undertakes to deliver the goods;
• the conditions, terms and procedures for exercising the right of withdrawal as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
• information that the CUSTOMER will have to bear the cost of returning the goods;
• existence of the legal guarantee of conformity for the goods purchased;
• after-sales assistance conditions and commercial guarantees provided by Athos Gioielli.

The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to Athos Gioielli, the geographical address, telephone number and e-mail address, information which is also reported below:

NOSTRO ATHOS
registered office: Via Risorgimento 47 – 98123 – Messina – Italy
tel. +39 090 670 755
email:

PROMOTIONS

Discount codes cannot be combined with each other and cannot be applied to promotional products.

CHANGE IN PRODUCT PRICE

The prices of the products published on the Site may be updated and therefore may be subject to change. In the event that a price has been incorrectly published by mistake, Athos Gioielli reserves the right not to confirm the order received.
In this case, Athos Gioielli will inform the Customer of any inability to accept the order received within 24 hours starting from the working day following the one on which the Customer sent the order and will:
1) To inform the Customer of the possibility of changing his order, canceling the order or confirming the new price;
2) allow the Customer to cancel the purchase, with reimbursement of any sums already paid by the Customer for the payment of the supply.
The variations do not constitute an element of dispute.

SUBJECT OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

With these general conditions of sale, Athos Gioielli sells and the CUSTOMER remotely purchases the tangible movable goods indicated on the website www.athosgioielli.it. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at the address www.athosgioielli.it and placing an order purchase according to the procedure provided by the site itself.
The CUSTOMER undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by Athos Gioielli and to accept them by placing a flag in the indicated box.
In the order confirmation email, the CUSTOMER will find the link to these general conditions of sale, as required by current law.

CONCLUSION AND EFFECTIVENESS OF THE CONTRACT – PURCHASE TERMS

The presentation of products on the Athos Gioielli website constitutes an invitation to offer.

Your order will therefore be considered as your contractual purchase proposal addressed to Athos Gioielli for the products listed, each considered individually. Upon receipt of your order, we will automatically send you a message accepting your order (“Order Receipt”). Receipt of the Order does not constitute acceptance of your purchase proposal. By sending the Order Receipt, in fact, we only confirm that we have received the order and that we have subjected it to a process of data verification and availability of the products requested by you. The sales contract with Athos Gioielli will be concluded only when we send you a separate email accepting your purchase proposal which will also contain information relating to the shipment of the product and the expected delivery date (“Shipping Confirmation”) .

The sales contract is considered concluded with the sending by Athos Gioielli to the CUSTOMER of an order confirmation email. The email contains the CUSTOMER’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and archive the copy of these conditions .
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to Athos Gioielli.
Athos Gioielli undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear. Furthermore, the photographs of the products presented on www.athosgioielli.it do not constitute a contractual element, as they are only representative.
Athos Gioielli undertakes to deliver the goods within 5 days of Athos Gioielli sending the order confirmation email to the CUSTOMER.
For each order placed on the www.athosgioielli.it website, Athos Gioielli issues an invoice for the goods shipped. The invoice will be made available after the order has been processed. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After issuing the invoice, it will not be possible to make any changes to the data indicated in the invoice.

APPLICABLE LAW JURISDICTION AND PROTECTION OF RIGHTS

These general terms and conditions of sale are governed by Italian law and in particular by legislative decree no. 206/2005 (as amended by legislative decree no. 21/2014) on distance contracts and by legislative decree no. 70/2003 for aspects relating to electronic commerce.

The Consumer CUSTOMER, pursuant to articles 140 and 141 of the Consumer Code, has the right to act to protect his interests through a consumer association or to promote an attempt at an out-of-court settlement for the resolution of any disputes. Alternatively, it has the right to initiate ordinary proceedings for the resolution of disputes arising from the interpretation, execution and validity of these General Conditions. The territorial jurisdiction for any dispute is rooted in the Court of Messina.

LEGAL GUARANTEE OF CONFORMITY

In the event of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to have the conformity of the product restored free of charge by repairing or replacing the product. The CUSTOMER can exercise this right if the defect appears within two years of delivery of the goods and reports the defect to Athos Gioielli within two months of discovery.
If replacement or repair is not possible, the CUSTOMER still has the right to a price reduction or to receive a sum back, commensurate with the value of the goods, upon returning the defective product to the seller.
The Legal Guarantee is reserved for private consumers, therefore purchases made with a VAT number are excluded from this scope.
The start date of the warranty coincides with the date of receipt of the product.

Cases of exclusion of the Legal Guarantee
The CUSTOMER will NOT be entitled to repair, replacement, price reduction or termination of the Contract in relation to any Product or any component identified as defective if, unless otherwise provided and in accordance with applicable law:
(i) the Products have been repaired or altered by persons other than the manufacturer, Athos Gioielli or any other authorized person;
(ii) the lack of conformity of the Product or Products has manifested itself after the deadline of 2 (two) years from delivery of the Product itself and/or the relevant request for repair or replacement of the defective Product or Products has been sent after 2 (two) months from discovery of the defect; and/or
(iii) the defects are due (in whole or in part) to normal wear and tear; misuse; improper use; incorrect storage or maintenance or failure to comply with the instructions provided by the manufacturer or other instructions provided by Athos Gioielli together with the Products delivered;
(iv) at the time of the conclusion of the Contract, the CUSTOMER was aware of the defect and could not ignore it with ordinary diligence;
(v) the lack of conformity derives from instructions or materials provided by the CUSTOMER.

The Legal Guarantee can be enforced:
(i) At the point of sale. The Customer – equipped with the Product and the documentation proving purchase – can go directly to the Sales Points in Via Risorgimento 47 – Messina (ME) – Italy.
The staff of the aforementioned sales points will take charge of the Product for which the Customer complains of a lack of conformity and will give him the “repair card”, a document which certifies that the Product has been taken charge of and contains all the indications and references regarding the procedure to be followed to benefit from the Legal Guarantee, if the conditions exist.
(ii) By telephone or email. Alternatively, the Customer can contact the point of sale by telephone, or contact Customer Service at +39 090 670 755, send their request to the following address: .
The staff in charge will provide the Customer with the necessary information regarding the conditions and procedures for using the Legal Guarantee.

RIGHT OF WITHDRAWAL

Pursuant to art. 52 of the Consumer Code, in addition to the other rights to which you are entitled, you can withdraw from this contract without just cause and receive a refund of the price paid, without prejudice to the exceptions set out in the art. 59 of the Consumer Code (for example for the purchase of specially personalized, engraved or individualized Products; for the supply of sealed items not susceptible to return for health or hygienic reasons for which the seals have been removed after delivery, etc. unless that such Products were already damaged or defective at the time of delivery or were delivered incorrectly). The right of withdrawal must be exercised within fourteen (14) days from the day on which the Products purchased on www.athosgioielli.it were received. The products must be returned within fourteen (14) days from the day of communication of the withdrawal, by sending the package via the courier indicated by Athos Gioielli or via another courier, only after having communicated it via email to the address ">. In any case, the withdrawing party undertakes to return the product by organizing the shipment and/or the related return methods and being aware that the costs of returning the product are at his expense. The right of withdrawal can only be exercised by Consumers, or only by natural persons acting for purposes unrelated to their business or professional activity.

Conditions for exercising the right of withdrawal
In addition to compliance with the above terms, the right of withdrawal is considered correctly exercised if the following further conditions are fully respected:
a) the withdrawing party can use the attached standard withdrawal form, or submit any other explicit declaration of his decision to withdraw from the contract and electronically send the standard withdrawal form or any other explicit declaration on the Athos Gioielli website at the address .
The communication can also be sent by registered letter with return receipt to the jewelery address Athos Gioielli, Via Risorgimento 47 – 98123 Messina (ME) – Italy;
b) the withdrawing party must observe the necessary diligence in the care of the Products in his possession; in the event of non-compliance, we reserve the right to deduct the cost of any deterioration of the Products, up to the price, from the amount to which he would otherwise be entitled to reimbursement title;
c) the products must be returned in their original packaging;
d) the returned products must be sent to Athos Gioielli in a single shipment. Athos Gioielli, in fact, reserves the right not to accept objects from the same order returned and shipped at different times.
If all the required conditions have been respected, Athos Gioielli will refund the price of the products purchased including shipping costs incurred by the customer when purchasing the product.
Shipping costs incurred by the customer for returning the product will NOT be refunded.
The buyer will be contacted if the return cannot be accepted because it does not comply with the above conditions. In this case, you can choose to have the products purchased back at your own expense. In the event of refusal of this shipment, Athos Gioielli reserves the right to withhold the products and the corresponding amount for the purchase of the products.

Refund times and methods
After Athos Gioielli has received the return and checked that all requirements have been met, the buyer will receive an email confirming acceptance of the return. Regardless of the payment method used (credit card, bank transfer), the refund is activated by Athos Gioielli in the shortest time possible, and in any case within fourteen (14) days from the date on which it became aware of the exercise of the right of withdrawal, once it has been verified that the withdrawal has taken place in compliance with the conditions set out above.
The actual time for crediting or returning the sums paid for the purchase of the products depends on the payment methods used:
– Purchase by credit card: the time needed to view the refund depends on the institution that issued the card. The value date of the credit is the same as the debit, so you will not suffer any loss in terms of bank interest.
– Purchase via PayPal: the refund will be made to your PayPal account and will be immediately visible. The actual refund to the credit card from the PayPal account depends on the institution that issued the card.
– Payment by bank transfer: the refund takes place on the current account that issued the transfer, therefore the reimbursement time depends on the times of the banks involved; normally the crediting takes place within a maximum of ten (10) days.
In the case of a gift, the sums will be refunded to the person who made the payment.
As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Athos Gioielli may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that they have sent the goods back to Athos Gioielli.