Conditions of Sale

CONDITIONS OF SALE
1.    General provisions
2.    Website structure
3.    Duration, Efficiency and Revisions to the Terms of Sale
4.    Product page
5.    Price
6.    Buying and registration process
7.    Order payment
8.    Shipping and Transport
9.    Right of withdrawal and change of mind
10.   Right of withdrawal application
11.    Returns and refunds
12.    Product warranties and vices
13.    Ratings and comments
14.    Applicable and Governing Law and Disputes

1. General provisions
OIRITALY (hereinafter referred to as the "Platform") is property of the company OIR Srl, with registered office and headquarters in Via Ghebba 65 / I, 30034 Mira (Venice) – ITALY - Tax Code, VAT Registration Number 04140350275 in the Ordinary Section of the Register of Companies of Venice: REA: N. VE 368981 - Share capital € 20,000.00 fully paid in.
The Platform is designed to provide to stores operating in the gold and jewellery sector (hereinafter referred to as “Vendors”) a tool for the online sale of products normally sold in their traditional stores, and to offer to the Platform’s Users a wider spectrum of choices among the many products made available by the Vendors, in a single warehouse.
OIRITALY is an electronic marketplace: each Vendor is solely responsible for the sale of the goods according to these conditions and the Italian Law.
The purchases made by the Platform are made exclusively by people of legal age.
Sales made by Vendors via the electronic Platform are governed by the Italian Legislative Decree No. 22 May 1999, n. 185 (“distance contracts”), Legislative Decree No. 9 April 2003, 70 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ), Italian Civil Code and by Legislative Decree No. September 6, 2005, 206 (Consumer Code).
The issues not provided in the above cited laws are governed by Reg (CE) No.44/2001 and Italian Law March 31, 1998, No. 114.
Using the Platform, registered users (“Users”) will be able to make purchases from retailers who have joined the Platform (Vendors), through a standardized electronic procedure governed by these General Conditions of Sale, in accordance with Italian law.
By making a purchase via the Platform, the User acknowledges to have read and understood these General Conditions of Sale and to accept them.
Please note that in case of non-acceptance of these General Conditions of Sale, it will not be possible to make any purchase on the Platform.
The General Terms of Sale will always be available on the Platform’s home page and will be freely available to any User, regardless of Registration and login as a registered User.

2. Website structure
The public area of ​​the Platform is freely navigable by any User of the site: in this area there are shown and searchable all the products that Vendors make available for purchase through the Platform, as well as other content made available to the Users.
To navigate in the Public Area does not require any registration: Users are invited to read the “Terms of Use of the Site” which with navigation, declare to have read, understood and accepted.
The navigation of the Platform does not involve additional costs to the User beyond those already charged by the User’s telephone company or Internet service provider, if any, to connect to Internet.
To purchase a product from the Platform, the User can avoid to sign up or authenticate via login.
For the Platform registration and authentication methods, please refer to the “Terms of Use of the Site” available in the Home page.

3. Duration, Efficiency and Revisions to the Terms of Sale
These “General Conditions of Sale” shall be effective until their revision or amendment.
Any revision or amendment of these “General Conditions of Sale” will be published in the appropriate Platform section and will enter into force immediately upon publication.
The transaction effectuated through the Platform will be governed by the Terms and Conditions in force at the time of the order by the Buyer.
BY PLACING THE ORDER THE BUYER AGREES AND DECLARES TO HAVE READ, UNDERSTOOD AND AGREED TO THE “GENERAL CONDITIONS OF SALE” IN FORCE.

4. Product page
Every product offered for sale through the Platform is accompanied by a fact sheet, which each Vendor fills in with all the information necessary to identify and describe the product and its main features.
Please note that the image in the Platform represent the product offered for sale but - for obvious technical reasons related to the use of digital tools and monitors of different resolutions - may represent different colours and sizes: in that sense the image is considered as indicative and not descriptive; for the specific characteristics you are therefore invited to refer to the additional information contained in the product’s fact sheet. User can contact the OIRITALY Staff per email, telephone or Whatsapp for further clarification about the products on sale.
In case of mass-produced products or those otherwise available in several types, the image is meant "for all."

5. Price
The Platform prices are expressed in Euro currency (Eur - €) but, if available, they can be converted into US Dollar (USD - $) using the specific check box.
The price shown in the product page is inclusive of the applicable VAT.
If when ordering, the User chooses a country outside the European Economic Community (EEC) as destination, the system will deduct the Italian VAT from the total amount. In this case, at the time of delivery, the User will be called by its customs to pay the tax foreseen by the country of destination.
On OIRITALY the shipping cost to Italy is free of charge for advance payments: for further details on shipping please refer to art.8 of these Terms of Sale.
As far as shipping costs to foreign countries are concerned, shipping will be free of charge up to the Italian border: the purchaser will be required to pay for the difference between the Italian border and the country of destination.
Any surcharges for special requests and/or customisation are highlighted separately from the sale price and as such accounted for in the fiscal document issued by the Vendor.
The shipping costs are always indicated at the checkout: for more details about shipping please refer to article 8 of these “General Conditions of Sale”.
Any supplements for special requests and / or customization are shown separately from the selling price and shown on the invoice issued by the Vendor.

6. Buying and registration process
Purchasing through the Platform is available to Registered and Non-registered Users.
The User may log to the “My OIR” area on at the beginning of the Platform navigation: alternatively the login page will open when the User will use the command "Checkout" before completing the order.
Unregistered users will be able to conclude the purchase by clicking on "continue as a guest".
After clicking on the "proceed to checkout" button, the order summary will be displayed in order to allow confirmation and/or data entry. The summary contains:

• Buyer's contact information;
• The delivery address;
•  The indication of a different billing address;
• Available payment options;
• A box note, where the Buyer may enter further specifications or requests about the product, such as, for example, size and/or customization;
• The identification data of the product that the buyer intends to purchase, including quantity and price.

The Buyer is required to check that all the data in the Summary are correct, and in particular, if he/she is a registered user, that the data provided at the time of registration is complete and still current at the time of ordering: any errors or gaps could make it impossible to complete the transaction and receive the desired product.
At the bottom of the page, there is a reference to the Terms of Sale and the "Proceed to payment" command.
After having verified the correctness of the summary data and having read the terms and conditions of sale by expressing their acceptance, the Buyer may proceed to the next step using the "Proceed to payment" button.
Failure to confirm acceptance of the conditions of sale will prevent the procedure from continuing.
BY USING THE "PROCEED TO PAYMENT" COMMAND THE BUYER CONFIRMS THE CORRECTNESS OF THE DATA CONTAINED IN THE PURCHASE SUMMARY AND ITS ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE.
Please note that after you have confirmed the data with the command " Proceeed to payment " the data cannot be changed.
The Buyer can choose the payment method he/she prefers among those proposed and presented in the summary page.
For further details on the payment procedures see art. 7 below.
Upon receipt of payment, OIRITALY will send the order to the Vendor/owner of the product ordered and simultaneously will send to the Buyer a purchase confirmation, containing all the summary data of the transaction and the Vendor, as well as the information that the product will be provided to the courier for the delivery.
These General Terms and Conditions of Sale are also referred to in the purchase confirmation.
The Buyer will receive a subsequent notice as soon as the shipment of the product has been arranged.
The order shall be considered confirmed when the parcel is handed over to the courier.
Each purchase will be stored in our archives with traditional and electronic tools.
The order status will be available in the Buyer’s personal Area.
Every effort will be made to keep the product warehouse constantly updated and the product pages  complete and accurate: if, however, it is not possible to process the order submitted by the Buyer, the amount paid will be immediately refunded and notification will be given by email, telephone or Wahtsapp. OIR has the right to cancel the order, reimbursing the price paid by the Buyer, in case of obvious price errors, or in case of the product unavailability due to the online warehouses not being aligned with the physical ones.

7. Order payment
OIRITALY provides a centralized payment system through Credit card, PayPal or Bank Transfer in order to facilitate the payment of the order. For an additional charge, you can choose the Cash on Delivery payment method only for products NOT customised in shape and/or size and only destined for Italy.
Payment in instalments via PayPal pay in 3 is also available.
The buyer can choose the desired payment method by clicking the corresponding box in the Order Summary page.
- By choosing Credit Card, the buyer will be automatically redirected to the secure payment page of the website www.unicredit.com, he/she will be able to make the payment by their credit card.
Once the payment has been made, a confirmation page will open, indicating the transaction ID and the Buyer will have the possibility to print the payment receipt: please note that THAT THE RECEIPT OF PAYMENT issued by Unicredit DOES NOT REPLACE THE PURCHASE INVOICE OF THE PRODUCT , it is only a receipt that the payment order has been successfully completed.
- By choosing PAYPAL, the buyer will be automatically redirected to the secure payment page of the website www.paypal.com, he/she will have to choose whether to make the payment through his Paypal account or using a credit card.
Once the payment has been made, a confirmation page will open indicating the ID of the transaction with PAYPAL and the Buyer will have the possibility to print the payment receipt: please note that THAT PAYPAL'S RECEIVERY OF PAYPAL'S PAYPAL-issued payment DOES NOT REPLACE THE BILL OF PURCHASE OF THE PRODUCT but only a receipt that the payment order has been successful and the payment has been completed.
- By choosing the option of payment by BANK TRANSFER, the Buyer will receive an order confirmation email with a summary of the order data and information for the transfer. If the payment is not received within 7 days from the placing of the order, the order is considered CANCELLED.
- By choosing the option of payment by CASH ON DELIVERY (valid only for deliveries in Italy), the Buyer will receive an order confirmation email with a summary of the order data. Payment shall be made at the time of delivery in cash or by POS. The maximum amount for cash on delivery is € 4,999.99 (four thousand nine hundred and ninety-nine euro and ninety-nine cents) for payment in cash, while the usage limits set by the Customer's bank for payments via POS are respected.
Whichever method is chosen, the User will receive an email confirming that the purchase has been made correctly.

8. Shipping and Transport
Shipping to Italy is free of charge for all products purchased through the Portal with payment in advance.
As far as shipping costs to foreign countries are concerned, shipping will be free of charge up to the Italian border: the purchaser will be required to pay for the difference between the Italian border and the country of destination.
Shipping fees varies according to the destination country: theyare always indicated in the cart in the dedicatedfield.
Unless otherwise indicated in the productpage, shipping is intended as standard shipping.
Standard shipping will be made by express courier with traceable delivery.
The transport with armoured truck will be carried out by other courier that will be notified to the User.
The organization of armoured transport may take longer: our Staff will inform the User about the real timing as soon as the shipping data will be known.
Logged in users will have at their disposal the status of their shipment in their Personal Areas. 
Upon receipt, the Buyer is required to verify that the package is complete with all items declared in the transport document and not damaged, altered or completely intact; in such case the Buyer shall receive the goods "WITH RESERVE" indicating in the delivery note the objections made:  if the Buyer accepts the delivery without reservation, the good means physically received in the Buyer’s possession intact, complete and without damages, with the consequent effects of the passage of risk, even under the Article 63 of the “Italian Consumer Code”.
If the delivery box is visibly altered, the Buyer shall not accept the package and shall return the package to the sender, giving immediate notice to OIR at info@oiritaly.com: in this way it will be possible for us to check the fact with the courier and proceed with a new delivery of the product purchased.
All products can be collected from the shop with online payment in advance or payment on site. The pick-up can only take place at the shop from which the purchase is made; the pick-up is not possible at our headquarters or at a different shop other than the seller's.
The "Collection in shop" option Users can choose between credit card or PayPal as payment method. Upon completion of the order, a payment confirmation email will be sent and then, when the order is ready for collection, a further electronic communication will be sent to notify the User.
The order holder must come to the shop with a valid ID and the order number. If the order is collected by a third person, a signed authorisation and a copy of the order holder's identity document must be submitted.
Upon delivery, the purchaser must sign a receipt for collection.

9. Right of withdrawal and change of mind
In accordance with the law, the CONSUMER BUYER is granted the right of withdrawal and reconsideration for purchases made through the Portal in the manner described in articles 9, 10 and 11.
In compliance with art.55, paragraph 2, letter d) of the Italian Consumer Code and in accordance with Directive 2011/83/EU for customers residing in other EU Member States, the BUYER CAN NOT EXERCISE THE RIGHT OF WITHDRAWAL provided for in articles 64 and following of the Consumer Code in case of supply of MEASURED OR CUSTOMIZED GOODS.
Goods excluded from the right of withdrawal include products on which a personalisation has been engraved, impressed or in any other form, such as, by way of example, the engraving of a name or initials, a writing or a date. Also excluded from the right of withdrawal are products ordered specifically at the purchaser's request ( an eventuality communicated during the order process) as they have a low chance of being sold.
Pursuant to art. 67, paragraph 3 of the Italian Consumer Code and in accordance with Directive 2011/83/EU for customers residing in other EU Member States, the only expenses owed by the Buyer for the exercise of the right of withdrawal are the direct costs of returning the goods to the sender Vendor, except as provided for in art. 11 below for the case of return to the wrong party.
OIR shall in any event be entitled to deduct from the reimbursement any administrative costs referred to in Article 11.

10. Right of withdrawal application
The CONSUMER BUYER who intends to exercise the right of withdrawal shall proceed as follows.
Pursuant to art.64 of the Italian Consumer Code and in accordance with Directive 2011/83/EU for customers residing in other EU Member States, the consumer Buyer has the right to withdraw without penalty and without specifying the reason, WITHIN THE TERM OF FOURTEEN WORKING DAYS FROM THE DAY OF RECEIVAL OF THE PRODUCTS by the Seller.
Requests after the deadline do not constitute exercise of the right of withdrawal.
The right of withdrawal is exercised by sending, within the above mentioned term, a communication to OIR, by e-mail Or Whatsapp. The message must contain the details of the order (number, purchased item and
buyer's references).
If the Buyer's notice of withdrawal has been formulated promptly and correctly, OIR will send the Buyer a Confirmation Notice, which will indicate the terms and conditions for subsequent operations (return and refund).
The product must be returned in accordance with the provisions of article 11 below.

11. Effects of withdrawal, return of products and refunds
Any Buyer wishing to exercise its right of withdrawal must notify it to OIR in accordance with the Confirmation Notice referred to above, which will specify the terms and conditions of return.
Pursuant to Article 67(2) of the Consumer Code (Legislative Decree 206/2005) for customers in Italy and in accordance with Directive 2011/83/EU for customers residing in other Member States of the European Union, where the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for the exercise of the right of withdrawal.
The products shall therefore be returned intact, complete with all accessories, seals, labels, documents, fiscal proof of purchase (if any) and with their original packaging.
If the free gift is not returned at the same time as the main item, the platform or the seller reserves the right to:
1. suspend the refund until the free gift is returned;
or
2. proceed with a partial refund, retaining an amount equivalent to the market value of the free gift received.The sending of free gifts does not constitute a gift nor an autonomous element of the order, but is linked to the conclusion and continuation of the purchase contract.

The products shall be returned directly to the Vendor, by sending them by traceable parcel to the Vendor's address, within the time limit indicated in the confirmation notice sent by OIR confirming receipt of the notice of withdrawal.
The costs of returning the goods shall be borne in full by the Buyer if the exercise of the right of withdrawal results from the Buyer's having second thoughts or making an error of choice.
On the contrary, the return costs are not borne by the purchaser if the reason for withdrawal is attributable to the Vendor (e.g. in the case of incorrect or damaged goods), the manufacturer of the goods (in the case of malfunctions and/or defects).
Please note that returned goods travel under the responsibility of the Buyer until delivery to the Vendor.
The return deadline will be deemed to have been met only if, within the said deadline, the product to be returned is sent by traceable parcel to the Vendor's premises within 14 days from the Confirmation Notice: any returns to addresses or persons other than those indicated by the OIR in its Confirmation Notice will not be counted for the purposes of verifying the timeliness of the return and may result in forfeiture of the right to exercise withdrawal.
For any parcels sent in error to the OIR offices, the shipping costs incurred by OIR in sending the wrongly delivered parcel to the Vendor will be deducted from the amount refundable to the Buyer, if such dispatch is nevertheless authorised.
If the Buyer fails to comply with the time limit or the procedures for returning the Product set out in the Confirmation sent by OIR, the Buyer shall forfeit his right to withdraw and no refund shall be due to him.
If the right of cancellation is exercised by the Buyer in accordance with the above provisions, OIR shall be obliged to reimburse the sums paid by the Buyer, who shall only be liable for the cost of returning the product if, as aforesaid, the exercise of the right of cancellation is not due to causes attributable to the Vendor and/or any administrative costs incurred as a result of the incorrect handling of returns.
Following a request for cancellation of an order due to second thoughts or following a return for reasons not attributable to the Vendor, the refund through PayPal will be equal to the amount paid minus the collection fees retained by PayPal, in accordance with the PayPal policies in force as of 5 March 2020.
The refund will be made free of charge, as quickly as possible and in any event within thirty days from the date on which the Vendor received the returned package from the Buyer.
The refund will be made using the same methods used by the Buyer to pay for the original order, with the exception of cash payment (cash on delivery) and financing which will be refunded by bank transfer.
In the event that, during delivery, the User voluntarily rejects the package as a result of a change of mind regarding the purchase made, including the rejection of shipments to non-EU countries for which the User refuses to pay the applicable customs duties, all transport and administrative costs incurred by OIR srl, both for the outward and return shipment of the goods to the sender, shall be deducted from the refund.

12. Product warranties and vices
The e-commerce is subject to the rules set out in the “Italian Consumer Code” at D.Lgs. 70/2003 in accordance with Directive 2011/83/EU for customers residing in other EU Member States and the “Italian Civil Code” regarding warranties and defects or discrepancies. Upon receipt of the package, Buyer is required to check that the goods purchased does not contain defects or deviations from what is stated in the Product’s fact sheet provided in the Platform.
- CONSUMER BUYER resident or domiciled in Italy is granted legal warranties on consumer goods as set out in articles 128 to 135 of the “Italian Consumer Code” and in accordance with Directive 2011/83/EU for customers residing in other EU Member States, in addition to any warranty of merchantability made by the manufacturer. The Vendor is responsible, pursuant to article 130, where the lack conformity becomes apparent within two years from delivery of the goods, in the case of new product; for used products  the legal warranty is one year from delivery.The Buyer Consumer forfeits the rights provided for in article 130, paragraph 2, if he does not inform the seller of the lack of conformity within a period of two months from the date on which he discovered the defect.
-  NON CONSUMER BUYER who has purchased with “VAT” code, is granted the legal guarantee provided for in articles 1490 and subsequent of the “Italian Civil Code”.
The Non Consumer Buyer forfeits the rights provided in article 1490 if he fails to notify the seller of the lack of conformity within a period of eight days from the date on which he discovered the defect.
The action to enforce the legal warranty shall lapse if not exercised within one year from delivery of the goods, and is subject to the respect of the complaint period above.
STATUTORY WARRANTIES ON THE PRODUCT MUST BE EXERCISED DIRECTLY WITH THE VENDOR.
Any complaint concerning defects or discrepancies of the product must be made in writing and sent by registered letter with acknowledgment of receipt within 60 days of discovery of the defect as provided for by the “Italian Consumer Code” article 130 or in the shorter period of 8 days from the discovery of the defect as provided for by the “Italian Civil Code” Article 1490 and subsequent, as applicable.
Please note that to exercise the product warranties, the tax document (invoice, receipt or receipt) issued by the Vendor and included in the Package must be kept and shown.
If the date field in the guarantee is not filled in, the Buyer who does not wish to avail himself of the right of withdrawal shall complete the field with the date of delivery of the goods

13. Ratings and comments
The Buyer has the option of issuing an opinion, comment, evaluation and / or score for the transactions made through the Platform, which will be published in the Platform or in the pages of OIRITALY  sites operated by third parties, including Social Networks.
Only legal, truthful, correct and inoffensive comments are permitted.
Profanity, offensive, misleading or defamatory, or otherwise false comments are strictly prohibited.
OIRITALY is not required to verify the content or check the correctness of the comments posted nor respect of the above mentioned parameters: however, OIRITALY reserves the right to remove comments that are considered prejudicial or improper.
OIRITALY also reserves the right to temporarily or permanently suspend the Buyer's personal account that publishes improper comments.

14. Applicable and Governing Law and Disputes
Transactions through the Platform are governed by these General Conditions of Sale, under the Italian law, which must also be taken as a parameter for the interpretation of the conditions themselves, if any doubt should arise.
In accordance with article 63 of the Italian Consumer Code and in accordance with Directive 2011/83/EU for customers residing in other EU Member States, any disputes arising out of purchases made by the Italian consumer resident or domiciled in Italy through the Platform, should be submitted to the jurisdiction of the Court of the place of residence or domicile of the consumer:for any disputes arising out of purchases made by the non consumer and/or consumer not resident in Italy, the local jurisdiction will be by theCivil Procedure Code.