Terms and Conditions of Sale

updated on 08/12/2024

1. Object and general provisions

These General Conditions of Sale (hereinafter “ GCS ”) apply to purchases of “Semplicemente” brand products (hereinafter the “ Products ” or, in the singular, the “ Product ”) made through the e-commerce site www.semplicementegioielli.com (hereinafter the “ Site ”). The Site is owned and managed by Andrea Femia as seller (hereinafter “ Sempplicemente ”, to which the terms “ we ”, “ us ” and “ our ” also refer), a company under Italian law, registered with the Chamber of Commerce, Industry and Crafts of Turin, Tax Code and VAT number IT13046220011 , with registered office and operating office in via della Rotonda 16 - 10048 Vinovo (TO).

In these GTC the words “ You ”, “ You ”, “ Your ” and “ Yours ” refer to You as the customer purchasing the Products via the Site.

The purchase of Products on the Site is permitted exclusively to those who are 18 years of age or in any case have the legal capacity to enter into a binding contract under their national law, which You declare to possess by accepting these GTC before proceeding with the purchase. If you are a minor, you may use our Site only by involving a parent or legal guardian. The purchase of Products for resale purposes is not regulated by these GTC and is subject to the stipulation of a separate agreement with Semplicemente: the purchase of Products through the Site for resale purposes is therefore strictly prohibited unless a separate and different agreement with Semplicemente has been reached.

These GTC regulate the contractual relationship between You and Semplicemente together with the Conditions of Use (“ CU ”), which regulate the use of our Site. Our Privacy Policy (including the Cookie Policy) explains how we use Your personal data. We recommend that You read these documents carefully before continuing to browse and sending us Your order, as well as saving or printing a copy for future reference. In the event of non-acceptance of the GTC, the CU and/or our Privacy Policy, it will not be possible to purchase any Product from our Site. The contract concluded between You and Semplicemente cannot be modified unless agreed with Semplicemente in writing, including by e-mail.

The purchase of Products is governed by the GTC published on the Site at the time the order is sent to Semplicemente . Semplicemente reserves the right to modify or update these GTC at any time, at its sole discretion and without prior notice, by publishing the updated version on this Site with an indication of the update date from which the modifications will be effective. The modifications will therefore have immediate effect in relation to orders sent on or after the publication date.

We operate with maximum transparency and, above all, in compliance with the rights of the consumer (by which we mean the customer who is a natural person, who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out: the “ Consumer ” or “ Consumers ”) provided for by current legislation, and in particular in compliance with Legislative Decree no. 206/2005 (hereinafter the “ Consumer Code ”) and Legislative Decree no. 70/2003 (so-called “ Electronic Commerce Code ”) and subsequent amendments.

For any information concerning your online purchases through the Site or related you can write to us at any time at semplicemente.gioielli@gmail.com or use the contact form on the Site on the “Contact Us” page.

You are responsible for any costs incurred for connecting to the Site via the Internet according to the rates applied by your operator.

2. Registration and Account Semplicemente

To purchase our Products and track your purchases, you do not need to register on the Site. In particular, if you have made a purchase without registering, you can track its delivery in the “Guest Tracking” section of our Site.

Registering on the Site will allow you to not have to authenticate yourself for each order/purchase and to view the status of your orders as well as all your previous purchases at any time, and also to benefit from promotions and offers dedicated to Semplicemente customers.

You will be able to register on the Site by creating your own personalized account. We remind you that in order to register you must provide a valid email address, your name and surname and your date of birth, as well as an access password.

We invite you to carefully store and keep confidential the access credentials to your personalized account.

If you prefer, you can register using your Google or Amazon account. In this case, we will have access to the data of the profile relating to you and therefore we invite you to check the relevant filters in order to send us only the data strictly necessary for the registration and creation of the Semplicemente account.

By accessing your Semplicemente account, you can also select to register for our newsletter, which will keep you informed of all the Semplicemente news.

3. Product Information and Availability

The specific pages for each Product are available on the Site, where the model, the main characteristics of the Product, the relative availability and the price are indicated. Any changes to the information on the Products on the Site will apply only to orders not yet confirmed by Semplicemente on the date of the change.

Some Products can be customized according to your preferences. You can choose and purchase a customized Product by accessing the “Customize” area of ​​our Site. In this case, the price of the Product and the delivery times will be those indicated at the end of the configuration based on the customization you have chosen and the related processing times. If you are interested in purchasing a customized Product, we invite you to carefully read the specific section 9 of these GTC.

We try to provide correct and updated information and to depict our Products on the Site accurately and corresponding to the characteristics actually possessed. However, Semplicemente is not able to guarantee the exact correspondence of the Products to the images, in particular with regard to the colors and their shades, due to the technical characteristics and resolution of the device used by You. In the event of differences with respect to the image, the description of the Product shall prevail. In this regard, We remind You in particular that for customized Products, the image of the Product shown during configuration constitutes a mere three-dimensional reproduction obtained digitally and not the real image of the Product that will be delivered to You.

We periodically check our GTC and the information on the Products on the Site, the prices and the related characteristics, but it is possible that errors or inaccuracies may occur (for example, a Product indicated as available may be sold out due to simultaneous orders from other customers and waiting times may therefore vary depending on the processing of the Product). In such cases, we will contact you immediately, highlighting the error, inaccuracy or unavailability, to ask you to confirm the order if a restocking and/or an extension of the delivery times is possible (in this case we will indicate the new delivery date) or if you wish to receive a different Product, of equivalent or higher value (in the latter case subject to payment by you of the difference). Alternatively and in any case in the absence of your express authorization, the order may be cancelled and we will refund you without delay and in any case within 10 (ten) working days any amount eventually charged.

3.1 Prices

The prices of the Products indicated on the Site are expressed in Euros (or in a different local currency in some countries) and include standard packaging costs as well as VAT and any other indirect taxes (where applicable).

Shipping costs depend on the geographic area of ​​destination of the order and will be calculated and indicated, also together with any other taxes or duties applicable locally and the total price of the purchase, before the transmission of the order on the checkout page, and will also be confirmed in the order confirmation and in the invoice, if requested.

For details on shipping costs to different countries, please consult the “Shipping” section of our Site.

In the case of delivery outside the European Union, the total price of the Product indicated on the checkout page and reiterated in the order confirmation and invoice is net of any customs clearance costs, which you will be required to pay upon delivery in accordance with the provisions of the law of the country of destination of the Product. We invite you to inquire with the competent local bodies and offices in order to obtain information in this regard. In any case, the courier will inform you of such costs and the payment procedure, as well as of any other formalities that may be necessary to comply with according to local legislation upon delivery of the Products.

 3.2 Payment Methods

Payments can be made using the method selected by You from those indicated as available at the time of placing the order. For details on the accepted payment methods and related limitations, you can consult the “Payment Methods” section of our Site.

We remind you that the institution issuing your credit card or your bank may apply additional charges and/or any currency exchange, which are beyond our responsibility and will remain your responsibility.

We reserve the right to verify the success of the payment procedure carried out by You before confirming Your order and shipping the Product. In the event that the credit card issuing institution or the payment service provider (for example, PayPal) refuses or does not authorize the payment for any reason, Your order will not be processed and Semplicemente cannot be held responsible in any way. In this case, We will invite You to contact us to resolve the problem.

 3.3 Use of discount codes and gift cards

Discount codes and gift cards can only be used for one purchase.

If you want to use a discount code or gift card with a lower value than the order value to make a payment, you can pay the difference with one of the payment methods available for your country. If the order value is lower than the discount code or gift card value, the difference can no longer be used or credited.

Discount codes and gift cards cannot be combined for a single purchase.

4. Method of purchasing the Products – conclusion of the purchase contract

The presentation of the Products on the Site, which is not binding for Semplicemente , represents a mere invitation to formulate a contractual purchase proposal and does not represent an offer to the public on our part.

The order transmitted by you through the Site has the value of a contractual purchase proposal and is governed by these GTC, which you are required to accept in full and without any reservation. In particular, before sending an order you will be asked to accept the GTC, the CU and our Privacy Policy by selecting the specific box.

The purchase of Products on our Site occurs by following the purchase procedure and the related instructions provided by the Site itself. In particular, you will have to: i) select the Products you intend to purchase by inserting them into the appropriate virtual cart using the “Add to cart” button; ii) proceed to fill out the order using the “Proceed with checkout” button in your virtual cart: you will be invited to register on the Site by providing the requested data, log in if you are already registered, or provide your data, completing the order without registering; iii) complete the order by choosing the shipping and payment methods from those available and providing the necessary information; ev) forward the order to Semplicemente by proceeding to payment.

As long as you have not completed the payment, you can go back in the purchase procedure to modify the data entered by correcting any errors.

If you wish to request an invoice, please write to us at semplice.gioielli@gmail.com or use the contact form on the Site on the “Contact Us” page, indicating your order number.

After sending your order you will receive an order confirmation email containing a link to these GTC and a summary of your order with the following information:

• description of the essential characteristics of the Product ordered;

• detailed indication of the price, shipping costs and applicable taxes;

• payment method chosen;

• shipping address;

• terms for exercising the right of withdrawal.

 

The aforementioned email will be sent to the email address indicated in your Semplicemente account or to the one used during the purchase process without registering on the Site.

The purchase contract for the Products is considered concluded when you receive the order confirmation email from Semplicemente . In the event that the order is not confirmed, no charge will be made or we will refund any sums already paid with reference to the order promptly and in any case within 10 (ten) working days from the forwarding of the order.

Once you have submitted your order, you will no longer be able to modify or cancel it. However, if you realize that you have ordered the wrong product, write to us at semplicemente.gioielli@gmail.com or by using the contact form on the Site on the “Contact Us” page and indicating your order number. We will contact you to assist you with your purchase and, where possible (in particular, if it is not a customized Product or one that has already been shipped), to replace the ordered product with a different one. In any case, your right to withdraw from the contract and to change the delivered Product as provided for in Section 8 of these GTC remains intact.

The order transmitted, the order confirmation and the applicable GTC will be electronically archived in our computer systems for the period of time and in compliance with the conditions established by the current legislation. If necessary, you can contact us to request a copy.

5. Delivery of Products

The Products ordered will be delivered according to the method selected by You from those indicated as available at the time of placing the order based on the place of delivery indicated by You.

Products may be delivered via international shipping. The Site is accessible from all over the world. However, we do not ship Products to certain countries. For more information on this, please see the “Shipping” section of our Site.

The delivery times and costs of the Products depend on the delivery method and the destination as indicated in the "Shipping" section of our Site: the delivery times indicated do not include the processing times for the customized Products or for any customs clearance procedures in the case of shipment outside the European Union.

We reserve the right to change costs and delivery times at any time, but changes will not affect orders already confirmed.

In Italy, delivery is also available in the municipality of Milan with UBM – Bike Messenger, as well as collection at our points of sale. In the latter case, you will be able to collect your purchase within 6 (six) months of receiving the email with which we will inform you that the Product is available for collection, after which - unless it is a customized Product - we will be able to cancel the order and refund you the amount paid. For more information, see the "Shipping" section of our Site.

The delivery times indicated on the Site must be considered merely indicative and not binding for Semplicemente , as they depend on third parties external to Semplicemente , and may be subject to change. Except as stated above, we undertake to do everything in our power to deliver the Products without unjustified delay and in any case, within 30 (thirty) days from the date of confirmation of the order or, for customized Products, from the date on which we inform you that your order has been shipped. In the event that the delivery of the Products does not take place, for any reason, within this term and not even within the additional term appropriate to the circumstances indicated by you after the expiry of the first term, you may terminate the purchase contract and any sums already paid will be refunded to you.

If the packaging or wrapping of the Products should arrive on delivery clearly damaged or tampered with, we invite you to refuse delivery or to accept it "with reservation".

We will send you an email to inform you that the Product has been handed over to our carrier/shipper or is available for collection in store. We will also promptly inform you if the Product cannot be shipped because the shipping address you provided is non-existent or incomplete. In this case, we will invite you to contact us to resolve the problem.

You can track the progress of your order within your Semplicemente account or, in the case of a purchase without registration, in the “Guest Tracking” section of our Site.

6. Force majeure or extraordinary events

Subject to mandatory provisions of law, Semplicemente will not be liable for failure to comply with the obligations undertaken with the purchase contract if the failure or delay in fulfillment depends on an unforeseeable, unavoidable and beyond our reasonable control event such as, by way of example and not limited to, natural disasters, measures of the authorities, wars, floods, explosions or insurrections, interruptions of IT or telecommunication services, non-fulfilment by third parties, strikes, epidemics. In such cases we will contact you to inform you about the existence of the cause of force majeure and the remedies available.

7. Legal guarantee of conformity

The provisions of the Consumer Code (articles 128-135septies) regarding the legal guarantee of conformity apply to the Products purchased on the Site. In particular, Semplicemente guarantees that the Products comply with the descriptions published on the Site and with the contractual type, quantity and quality, that they are suitable for the use for which goods of the same type are normally used and that they possess the characteristics ordinarily present in goods of the same type and that the buyer can reasonably expect. Semplicemente is responsible for defects of conformity existing at the time of delivery of the Product and which become apparent within 2 (two) years from that moment. The action aimed at asserting the defects expires within 26 (twenty-six) months from delivery of the Product.

We remind you that, unless proven otherwise, it is presumed that a lack of conformity which becomes apparent within 1 (one) year from the moment the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

We also remind you that the application of any guarantee is excluded in the event of a defect due to wear, improper use or washing of the Product that does not comply with the Product care instructions provided by Semplicemente on the Site (for example, enamelled Products will not be considered non-compliant in the event of loss of enamel due to wear or careless or improper use, such as in the case where the Product has been immersed in sea water).

If you find any defects in the Products purchased by you compared to the order placed, you must report it to us by writing to us at semplicemente.gioielli@gmail.com or through the contact form on the Site on the “Contact us” page. We invite you to describe in as much detail as possible the nature of the defect of conformity found, attaching at least 1 (one) image and indicating your order number.

Semplicemente reserves the right to evaluate the report for the purposes of returning the Product, for which we will promptly communicate the relevant instructions to you. Following the return of the Product, Semplicemente will verify the presence of the reported lack of conformity and in this case you will have the right - alternatively and without any expense - to the restoration of the conformity of the same through repair or replacement (provided that the chosen remedy is not impossible or excessively expensive compared to the other) or, in the cases provided for by art. 135bis, paragraphs 4 and 5, of the Consumer Code, to an appropriate reduction in the price or to the termination of the contract with consequent reimbursement of the amount paid.

8. Right of withdrawal – Size/color or product exchange

We inform you that if you have purchased a Product on the Site, except as specified in section 9 of these GTC for customized Products, you may withdraw from the contract, without having to provide any reason and without any penalty, within 14 (fourteen) days from the day on which the ordered Product (or, in the case of purchasing multiple Products delivered separately with a single order, the last Product) was delivered to you or to a person designated by you. The withdrawal may be exercised in relation to all the Products purchased or only for a part of them.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by sending us (to Andrea Femia, via della Rotonda 16 - 10048 Vinovo TO; email semplicemente.gioielli@gmail.com) an explicit declaration to this effect and indicating your order number before the expiry of the above deadline (for example a letter sent by post or email), and for this purpose you can use (but are not obliged to) the downloadable form by clicking here. Your withdrawal declaration can also be filled out and sent electronically using the procedure start form contained in the "Product Returns" page of the Site or in the appropriate section of your personal account, if you are registered on the Site.

We will promptly send you a confirmation of receipt of the withdrawal declaration to the email address you indicated when placing the order, with instructions for returning the Product, which must be sent back to us (to Andrea Femia , via della Rotonda 16 - 10048 Vinovo TO ; email semplice.gioielli@gmail.com) without undue delay and in any case no later than 14 (fourteen) days from the day on which you communicated your withdrawal to us.

The cost of returning the Products to the address indicated above, as well as proof of the same, will be at your sole expense. In this regard, we remind you that during the purchase phase you can also choose free return delivery.

In the event of withdrawal, you will be refunded all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 (fourteen) days from the day on which you informed us of your decision to withdraw from the contract. The refund will be made at no cost to you using the same means of payment you used for the purchase, unless you have expressly agreed with Semplicemente another method of refund. The refund may be suspended until we receive the Products or, if earlier, until you demonstrate that you have sent the Products back to us.

The Products must be returned in the same condition in which they were delivered, intact, unused or altered and in normal condition, packaged in the original packaging and complete with every element or accessory contained therein. We invite you to return the Product to us by covering the original packaging with protective packaging that preserves its integrity during transport.

You will be responsible for any decrease in value of the Product resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product (such as in the case where the Product is not complete with all its elements or shows signs of wear, abrasions, nicks, scratches or deformations) and in such a case you will be entitled to a refund of the amount paid for the purchase equal to the residual value.

To this end, we invite you to fill out and send us your exchange request electronically using the form to start the procedure on the “Product Returns” page of the Site or in the appropriate section of your personal account, if you are registered on the Site. We will confirm the exchange without delay by sending you an email with the instructions for returning the Product and we will proceed with the same within 15 (fifteen) working days from receipt of the Product you have decided to exchange.

Also in this case, the Products must be returned in the same condition in which they were delivered, intact, unused or altered and in normal condition, packaged in the original packaging and complete with every element or accessory contained therein. We invite you to cover the original packaging with protective packaging that preserves its integrity during transport. We reserve the right not to provide an exchange in the event that the returned Products show damage (for example signs of wear, abrasions, nicks, scratches or deformations).

In case of exchange, we will not make any refund, the risks arising from transport and the costs of returning the Product will be at your expense, and we recommend that you insure the shipment if it is of high value but we remind you that in this regard during the purchase phase you can choose delivery with free return.

For further information on withdrawal/exchange, please consult the “Product Returns” section of this Site.

9. Customized products – Exclusion of the right of withdrawal

We invite you to read this section of the GTC very carefully if you are interested in purchasing one or more customized Products.

A personalized Product is characterized by the presence of details chosen by the buyer such as, by way of example and not limited to, the addition of dedications, dates, anniversaries, symbols.

You can customize the Products available in the “Customize” area of ​​our Site.

To create a customized Product it takes an average of ten working days, but the actual times vary depending on the model and the customization. The processing time will be indicated to you at the time of customization.

We inform you that, precisely as a consequence of the customization, for customized Products the right of withdrawal referred to in the previous section 8 of these GTC is excluded pursuant to art. 59, letter c), of the Consumer Code. Furthermore, for customized Products we will not be able to make any changes.

10. Intellectual Property Rights

The Site and its content are protected by industrial and intellectual property rights.

All rights, regardless of any deposits or registrations, on the domain name of the Site, logos, trademarks, names, denominations and other distinctive signs, images, graphics, texts, drawings and models in any way reproduced on the Site or on the Products, as well as all rights on the Products, including copyright on the foregoing and, more generally, on the contents of the Site belong to Semplicemente or its suppliers, and You are not permitted to make any use of them. No right is recognized to You on the foregoing as a consequence of the purchase of Products on the Site or of the mere access to the Site itself.

11. Personal data

By using our Site and placing an order on the Site, you will provide us with some of your personal data, which we will use – subject to your consent – ​​to process the order, execute the purchase contract and in any case in compliance with the relevant legislation (EU Regulation no. 679/2016 and further provisions of Italian law on the matter) as well as as specified in our Privacy Policy, which we invite you to read carefully and which you are required to accept in order to make any purchase.

12. Languages

The languages ​​available for the conclusion of the purchase contract of the Products on the Site are: Italian.

13. Applicable law and competent court

The purchase contract concluded pursuant to these GTC will be governed, interpreted and executed in accordance with Italian law, with the exclusion of the 1980 Vienna Convention on the international sale of goods. In any case, the mandatory provisions more favorable to you in force in your country of habitual residence remain unaffected.

Competent for the resolution of any dispute is the judge of the place where you reside or are domiciled if located in the Italian State. Otherwise, you may appeal at your choice to the Court of your place of residence or domicile or to the Court of Milan.

We also inform you that the European Commission has established the Online Dispute Resolution platform that can be used by Consumers to resolve in a non-judicial manner any dispute relating to contracts for the sale of goods or services stipulated online and/or arising from the same. Consequently, if you are a Consumer resident or domiciled in one of the Member States of the European Union, Iceland, Norway or Lichtenstein, you can use this platform to resolve any dispute arising from the online purchase contract stipulated on this Site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr. The email address for any communication to Semplicemente in this regard is semplicemente.gioielli@gmail.com

14. Miscellaneous

These GTC, the order placed by you and the order confirmation constitute the entire agreement between you and Semplicemente with respect to the purchase of Products on the Site, and no other terms or conditions apply.

If any provision of the GTC is declared invalid or ineffective by any competent body or authority, the remaining provisions will remain valid and effective.

Any tolerance of behaviors carried out in violation of the provisions contained in these GTC does not constitute a waiver by Semplicemente of the rights deriving from the violated provisions nor of the right to demand the exact fulfillment of all the terms and conditions provided herein.

You may not use the Site for any unlawful purpose or in violation of any applicable law or regulation, or in violation of the CU or these GTC.

15. Code of Ethics

Semplicemente adheres to the ethical code of the Italian Association of Electronic Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel