This page describes the terms and conditions under which the products (hereinafter also the "Products") listed on the website https://www.ympetujewels.com (hereinafter also the "Site") are sold to the customer (hereinafter also the "Customer" or the "Buyer"). Please read these terms and conditions carefully before ordering the Products from the Site. The Customer should understand that, by ordering the Products, the same agrees to be bound from these General Conditions of Sale.

GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES

The website https://www.ympetujewels.com is managed by Christina Torres, resident in Via Valdana 17 - 57037 Portoferraio (LI) - Italy, C.F. TRRCRS82B64Z614Xe (hereinafter also "Seller").

The Site and the YMPETU JEWELS brand are the property of the Seller. Below are the conditions of sale that will remain effective until changed by the Seller. Any changes to the General Conditions of Sale will be effective from the moment they are published on the Site and will refer to sales made from that moment on.

1. DEFINITION AND OBJECT OF THE CONTRACT AND CONDITIONS APPLICABLE TO THE CUSTOMER

This contract (hereinafter also the "Contract") is a distance contract, which has as its object the sale of movable property (jewelry) between the Seller and the Customer in the context of a distance selling system organized by the Seller which, for this Agreement uses the Internet exclusively. All contracts, therefore, will be concluded directly through the access by the Customer to the Site where, following the indicated procedures, he will conclude the Contract for the purchase of the Product.

The Contract is concluded through the acceptance by the Seller of a purchase order proposal (hereinafter also "purchase proposal" or "order" or "order proposal" or "purchase order") issued by the Customer via the internet, following the invitation to offer content on the Site, based on the methods described on the Site.

Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order by the Seller or by the non-functioning. o deactivation, even temporarily, of the website https://www.ympetujewels.com

By placing an order through the Seller's Site, the Customer guarantees that:

a. have the legal capacity to sign binding contracts;
b. be at least 18 years old;
c. purchase the Products for personal and non-commercial use, any right of the Customer to make purchases of Products on the Site for resale being expressly excluded.

Any personal data collected by the Seller will be used only in accordance with the Information on the processing of personal data of the Seller, which can be consulted on the following page https://www.ympetujewels.com/privacy-policy/

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

The Customer, by electronically sending his purchase order proposal, unconditionally accepts and undertakes to observe these General Conditions of Sale in his relations with the Seller, declaring that he has read and accepted all the information provided to him to pursuant to the law (Article 1341 et seq. of the Italian Civil Code), also acknowledging that the Seller does not consider itself bound to different conditions unless previously agreed in writing.

These General Conditions of Sale must be examined online by customers visiting the Site before they confirm their purchases. The submission of the purchase order proposal therefore implies full knowledge of the aforementioned General Conditions of Sale and their full acceptance.

It is advisable to print a copy of these General Conditions of Sale for future reference.

3. EXECUTION OF THE CONTRACT AND CONCLUSION OF THE CONTRACT

The price and the essential characteristics of each Product, together with the relative Product codes, are shown on the Seller's Website. The information indicated on the Site does not represent an offer by the Seller.

Before sending an order through the Seller's Site, the Customer is required to carefully read all the instructions provided during the purchase procedure (also with regard to the conditions applicable to the right of withdrawal, shipping costs and the Information on processing of personal data), in addition to these General Conditions of Sale.

To purchase a Product, the Customer is required to create his own profile on the Site and follow the guided procedure to forward the purchase proposal to the Seller.

Once the purchase order proposal has been sent by the Customer, it will be processed within the following two working days.

The purchase proposal sent via the Site by the Customer, once accepted by the Seller will be followed by an e-mail summarizing the order. The order will be considered accepted only upon receipt of the email with which the Customer will be informed that the Product has been shipped. Only at this time, the contract between the Seller and the Customer is considered concluded.

Seller accepts the Customer's purchase order proposals within the limits of the quantities of the Products requested in stock. Therefore, the acceptance by the Seller of the purchase proposal sent by the Customer is subject to the availability of the Products in stock.

Seller undertakes to promptly notify (no later than five working days after receipt of the purchase proposal) by email to the Customer any out of stock due to excess demand or other causes and / or to provide waiting times for the replenishment of the Missing products in stock.

The Seller will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the Contract, since the Customer is only entitled to a refund of the price paid.

For any information relating to the status of the order or anything else, the Customer can contact the Seller at the following email address: shop@ympetujewels.com

An order proposal may be rejected by the Seller, in its sole discretion, within 30 days, even after the confirmation of the order, in the event that: i) fraudulent or illegal activities are reported or suspected, including purchases suspected of being for commercial reasons; ii) the Customer has not fulfilled his obligations deriving from a previous contract stipulated with the Seller.

In case of unavailability of one or more of the ordered Products, the Customer will receive an email in which he will be duly informed of the unavailability. In this case, the order proposal will be canceled or partially accepted only in relation to the available Products. In case of partial acceptance, the Customer will pay or will be charged only the price of the available Products.

4. AVAILABILITY AND INFORMATION ON PRODUCTS

The information on the Products (together with the relative Product codes) and the relative prices are available on the Seller's website.

The Customer can only purchase the Products present in the electronic catalog that can be viewed online on the Site, as described in the relevant information sheets.

The Products available on the Seller's website are a selection of items normally available in the points of sale that sell YMPETU JEWELS; however, the Seller does not provide the Customer with any guarantee regarding the availability in stores of the Products on the Site. Furthermore, the Seller does not guarantee that the Products displayed on the Site are available in stock.

It is understood that the image accompanying the description of a Product may not be perfectly representative of its characteristics; therefore, the Customer will rely exclusively on the description of the Products and their characteristics reported on the Site.

The Seller reserves the right at any time to limit the quantity and / or type of Products available on the Site. The style, models and colors of the Products described may be changed without notice.

In no case will the Seller be liable for errors that occur due to the Customer's failure to connect to the Site. Furthermore, the Seller, regardless of the reason for the damage, the cause, the nature of the damage or the results, will not be liable to the Customer in following circumstances:

a. any damage caused by the suspension or interruption of the operation of the Site;
b. any damage resulting from third party computer attacks on the Site that modify the information reported on it.

5. SHIPPING COSTS AND DELIVERY TIMES

Shipments are made throughout Europe and the United States.

Shipping costs are free.

For the management of shipments in Italy, the Seller relies on the main national and international freight forwarders; in the email with which the Customer will be informed that the Product has been shipped, the Seller will indicate the shipper in charge of delivery and the number to track the shipment.

The shipper will deliver the order within five working days following the conclusion of the Contract, or with the acceptance by the Seller of the purchase order proposal. The delivery term must not be understood by the Customer as an essential term, as the delivery terms are indicative and not strictly binding for the Seller.

The Seller is free to appoint, at any time, a different shipper to deliver the Products.

The Seller can never be held responsible for any unforeseen events (delay and / or non-delivery of the order or damage to the products purchased) that occur during or as a result of the transport of the order for which the forwarder in charge of the delivery of the Products.

The Products will be delivered to the address indicated by the Customer in the order proposal. The Seller will not deliver to:

a. post office boxes; 
b. accommodation facilities such as hotels, public facilities, airports and ports;
c. natural or legal persons who provide product reshipment services abroad;
d. any other place with respect to which Seller reasonably determines that the customer's address is unknown.

Upon delivery of the Products by the Courier, the Customer (or the designated representative) is required to verify that:

a. the recipient indicated on the delivery receipt is correct;
b. the packaging and seals are intact, undamaged or not altered in any way.

Any damage to the packaging and / or to the Products or discrepancies with respect to the recipient's references or documentation must be immediately indicated in writing on the courier's delivery receipt. Except to the extent permitted by current regulations, once the courier's document has been signed and no objections have been raised by the Customer, the latter will not be able to raise objections with respect to the external characteristics of the delivered package, provided that he has the right to subsequently contest any other characteristic of the Product (s) according to the conditions established in the following clause 7.

6. PRICE AND METHOD OF PAYMENT

The price of the Products will be that from time to time indicated on the Site. The prices of the Products are indicated on the Site in euros and dollars and include VAT. Shipping costs will be added to the price of the Products and will be indicated separately in the Shopping Cart.

Prices are subject to change at any time, but the changes will not affect orders for which an email confirming the order and shipment has already been sent to the Customer.

The price for the purchase of the Products and the costs for delivery will be charged to the Customer at the same time as the latter sends the order proposal.

In the event that, for whatever reason, it is not possible to debit the amount due, the contract will not be executed and the order will be canceled.

The customer can pay with the main credit cards and with Pay Pal. All payment details (for example, card number or expiration date) will be handled directly by the managers of these online forms of payment.

The Seller only receives the communication of the payment order by credit card or other possible means of payment, but is not aware of the credit card details or other data and details relating to the payment.

7. WARRANTY IN CASE OF NON-CONFORMITY, ASSISTANCE AND RETURN OF THE PRODUCT

The Seller sells its Products through the Site exclusively to Customers who qualify as a "final consumer" (ie the natural person acting for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out). The Seller will have the right not to take into consideration the purchase proposal coming from subjects who are not final consumers.

The Products purchased on the Site are covered by the warranty for lack of conformity, lasting no less than 24 (twenty-four) months, provided directly by the Seller to the Customer, limited to the EU territory.

This guarantee applies to products that present manufacturing defects or, in any case, an alleged non-conformity, provided that the product itself is used correctly, respecting its intended use and diligently. This guarantee is provided only to the Customer who is a consumer.

All the components of the jewel subject to natural deterioration or wear are not covered by this guarantee (by way of example: components in leather, rubber, etc.), as well as the discrepancies related to the natural and physical characteristics of the materials used (purely by way of example : irregularities; veins; any shades of color of the stones used; chromatic variations of the metals; etc.). Furthermore, it should be noted that silver, by its nature, is subject to the possible appearance of surface opacification. It is a natural phenomenon of oxidation that increases especially when in contact with perfumes, salt water, sulfur, creams and skin with an acid PH. For this reason, even oxidation is not a lack of conformity.

Also excluded from the warranty are loss and theft, as well as defects due to accidental events, improper use or tampering, alterations due to wear, repairs not carried out by the Seller laboratories, cleaning or maintenance interventions with the use of products not supplied by Seller, replacement of parts and / or accessories of the jewel not supplied by the Seller or lack of or negligent maintenance.

In case of lack of conformity, the legal guarantees established by articles 129, 130 and 132 of the Consumer Code, as defined below, will apply to the sale of the Products. On the basis of these articles, the Customer has the right to request, free of charge, the repair (or replacement) of the Product within the limits established by law or, where one of the remedies provided above is not available (pursuant to article 130, paragraph 7 of the Consumer Code), to receive a reduction in the price of the Products or to terminate the contract and receive a refund of the price paid for the purchase of the Product. If the Customer fails to notify the Seller of the non-compliance within 2 (two) calendar months from the date on which he becomes aware of it, he will lose these rights.

Warranty assistance is provided upon presentation by the Customer of the order confirmation email. In the event that the consumer customer finds a lack of conformity, he is required to send a written communication to the Seller, within 2 (two) months from the discovery of the defect, to the following e-mail address: shop@ympetujewels.com. By email, the Seller will provide all the information necessary to activate the guarantee and to follow up on the remedies provided for by the aforementioned law.

If the Customer returns the Product in accordance with this clause, asserting that the Product is defective, the Seller will examine the returned Product and, if it ascertains that it is a lack of conformity, it will inform the Customer of the applicable remedies. In the event that it is necessary to proceed with the refund, the Seller will process the refund due as soon as possible and, in any case, within 2 (two) months from the day on which it will confirm by email to the Customer that the latter is entitled to a refund of the Defective product. The defective Product, in case of return of the price paid by the Customer, will be refunded in full, including the shipping costs for sending the Product to the Customer and those incurred by the latter for the return of the same. The shipping costs for the first shipment of the Product to the Customer will be refunded only if this Product is not included in a multiple order.

In case of return of the Products to be repaired or replaced under warranty, the shipping costs for return will be borne by the Seller, as well as the costs related to the delivery to the Customer of the repaired or replacement Product. However, the costs paid for the purchase of the Product remain the responsibility of the Customer.

8. RIGHT OF WITHDRAWAL - CONSUMER RIGHT

Regardless of the provisions of clause 7 above, exclusively for purchases made on the Site and not at points of sale, the consumer Customer (as defined by the Consumer Code) has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason. , within 14 calendar days of delivery of the Product upon presentation of the order confirmation email, by sending a written communication to the Seller at the following email address shop@ympetujewels.com within the aforementioned deadline. By email, the Seller will provide all the information for the return procedure (return methods and terms).

The purchased Product must be returned accompanied by the packaging and everything that comes with the packaging, the tag and the relative guarantee, or all the elements necessary to identify it with certainty. Only new products, never worn and in perfect condition, can be returned.

Once the returned Product has been received, the Seller will proceed to verify the integrity of the product complete with the aforementioned accessory elements necessary for its exact identification. Once the integrity of the returned Product has been ascertained, the Seller will refund the price paid for the Product and the shipping costs of the Product to the Customer within 30 days. The reimbursement, at the sole choice of the Seller, can be made by bank transfer or on the same payment method used by the Customer. On the other hand, the costs for returning the Product remain entirely the responsibility of the Customer.

The right of withdrawal is totally lost if the returned product is not intact or damaged.

The Customer is required by law to take reasonable care of the Products while they are in his possession. Seller may have the right to take action against the Customer to obtain compensation and no refund will be paid in the event that: i) there is evidence that the Products have been used (scratches, damage, odors, etc.); ii) the Products were originally purchased at a point of sale; iii) the Products do not have the label attached; iv) parts of the Products, or accessories, are missing; v) the packaging materials are missing.

Without prejudice to the guarantee provided for in clause 7 above, the right of withdrawal provided for in this clause does not apply, in accordance with the provisions of article 59, paragraph 1, letter c), of the Consumer Code, to products made to measure or customized, such as, for example, those bearing engravings requested by the Customer on the Product.

9. EVENTS BEYOND SELLER'S CONTROL

The Seller will not be responsible or liable for any non-fulfillment or delayed fulfillment of any of its contractual obligations that are caused by events beyond its reasonable control (Force Majeure Event).

An Event of Force Majeure includes any action, event, non-occurrence, omission or accident beyond the reasonable control of the Seller and, in particular, by way of example only: i) strikes, lockouts or other industrial actions; ii) pandemics, epidemics; iii) civil uprisings, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (whether declared or not), threats of war or preparation for armed conflicts; iv) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; v) impossibility of using railways, sea transport, aircraft, motor transport or other means of public or private transport; vi) impossibility of using public or private telecommunication networks; vii) acts, decrees, laws, regulations or restrictions imposed by governments.

The fulfillment of any contract by the Seller is considered suspended for the period in which the Force Majeure Event continues and the deadline for its fulfillment will be extended to an extent equal to the duration of this period. Seller will do everything reasonably in its power to terminate the Force Majeure Event or find a solution that allows the fulfillment of its contractual obligations despite the Force Majeure Event.

10. PARTIAL NULLITY

If any of the clauses in these General Conditions of Sale are held to be invalid, unlawful or unenforceable, to any extent, by a competent authority, such term, condition or provision will be excluded to that extent from the remaining terms, conditions and provisions, which they will continue to be valid to the maximum extent permitted by law.

11. RIGHT OF SELLER TO MODIFY THESE TERMS AND CONDITION OF USE

Seller has the right to review and modify these General Conditions of Sale from time to time in order to reflect changes in market conditions that affect its business, technological changes, changes in payment methods, changes in regulations and legal requirements. relevant and changes in the capabilities of its system.

The Customer will be subject to the policies and General Conditions of Sale in force at the time of purchasing the Products from the Seller, except where a law or governmental authority requires changes to these policies or these General Conditions of Sale (in which case they are will apply to orders previously placed by the Customer).

12. COPYRIGHT AND TRADEMARK

All rights relating to the Site and the content on the Site (logos, texts, images, videos, voices, programs, etc.) belong to Christina Torres, residing in Via Valdana 17 - 57037 Portoferraio (LI) - Italy, C.F. TRRCRS82B64Z614X. None of the articles, photos, illustrations, etc. present on the Site may be used without the prior permission of the Seller

The YMPETU JEWELS brand used on the Site belongs to the Seller. Its unauthorized use is prohibited.

13. APPLICABLE LAW AND JURISDICTION

These General Conditions and, therefore, the contracts stipulated with Customers, are governed and must be interpreted in accordance with Italian law (including Legislative Decree 6 September 2005, n. 206 "Consumer Code" and, specifically, Chapter I, Title III of Part III, as well as Legislative Decree no. 70 of 9 April 2003, “Decree on electronic commerce”).

Any disputes arising from the interpretation, validity and / or execution of these General Conditions will be subject to the mandatory territorial jurisdiction of the competent court in the place of residence or domicile of the Customer.

Last Update: November 2022

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