This document sets out the general terms and conditions on the basis of which users are offered the use of the website www.rima-jewelry.com which offers online sales with worldwide shipping of costume jewellery.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:
- Owner: Rima Jewelry – Elisa Casini & Gabi Lück GbR, Solmsstr. 41, 10961 Berlin, USt-IdNr.: DE349085338
- Application: the website rima-jewelry.com
- Products: the products provided to the user by the Controller
- User: any person who accesses and uses the Application
- Consumer User: a natural person of full age who concludes a contract for purposes unconnected with his or her trade, business, craft or professional activity, if any
- Conditions: this contract governing the relations between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
Scope of the Conditions
Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice or information published or referred to therein, he may not use the Application or its services.
The Conditions may be amended at any time.
The applicable Conditions shall be those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User must read the Conditions carefully and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, communicating the relevant instructions to the User where necessary.
Purchase or request for supply through the Application
All the Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Moreover, any Product images are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are permitted to Consumer Users.
Purchases and/or supply requests are only permitted to natural persons if they are of age. For minors, any purchase and/or request for supply of Products through the Application must be examined and authorised by their parents or those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be considered a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or refuse the User’s order without the User being able to object or complain of any kind and/or reason.
The contract of sale or supply of the Products is deemed to be concluded when the Controller accepts the User’s contractual proposal. The Data Controller shall accept the User’s contractual proposal by sending an order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which shall indicate the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale or supply of the Products shall not be deemed to be effective between the parties in the absence of the foregoing.
In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether or not he intends to confirm the order. It is understood that the contract shall be deemed to have been concluded with regard to the Products accepted by the Holder.
The User undertakes to check the correctness of the data in the order confirmation and to notify the Controller immediately of any errors and shall keep a copy of his order, its confirmation and the Conditions.
Prices and payments
For each Product, the price including VAT, if due, is indicated. Where the nature of the Product means that it is impossible to calculate the price in advance, the method of calculating the price is indicated.
In addition, any taxes, additional charges and delivery charges that may vary depending on the destination, the chosen delivery method and/or the payment method used shall be indicated. If these items of expenditure cannot reasonably be calculated in advance, there shall be an indication of which expenses will be charged to the User.
The Holder reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes shall in no case affect contracts already concluded prior to the change.
The User undertakes to pay the price of the Product at the times and in the ways indicated in the Application and to communicate all the necessary data that may be required.
The Application uses third-party tools to process payments and does not in any way come into contact with the payment data provided (credit card number, holder’s name, password, etc.).
Should these third party instruments refuse to authorise payment, the Holder shall not be able to supply the Products and shall not be held liable in any way.
The User who wishes to receive an invoice will be asked for his billing information. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller from all liability in this respect.
Delivery of material products
The tangible Products and/or digital goods supplied on a tangible support will be delivered to the address indicated by the User, by the methods and within the time limit chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge of it.
In the event that it is not possible to supply the Products requested, the User will be notified promptly by e-mail, stating when delivery is expected or the reasons why delivery is not possible.
If the User does not wish to accept the new deadline or if delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same manner of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for a refund.
Upon receipt of the Product, the User shall check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost to the User. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the Products delivered.
The Controller shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.
Right of withdrawal of consumer users from the purchase of tangible products
Only the Consumer User has the right to withdraw without penalty and without specifying the reason within a period of 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product is received.
In the event of withdrawal, the User Consumer shall return the Product to the Controller, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User Consumer shall only bear the direct cost of returning the Product, unless the Holder has declared that he will bear it.
In the event of a properly exercised withdrawal, the Controller shall reimburse the payments received from the User, in the same payment method used by the User for the initial transaction, without undue delay and in any event within 14 days of the day on which the User communicated his intention to withdraw from the contract.
The Holder is not obliged to reimburse the costs of delivery if the User Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder.
The Holder may, unless he has offered to collect the Product himself, withhold the refund until he has received the Product or the Consumer User has proved that he has returned the Product.
The Owner will not accept the return if the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner shall return the purchased Product to the sender, charging the sender for the shipping costs.
Optional form to exercise the right of withdrawal
The User may withdraw using the following form, which must be completed in full and sent to the e-mail address firstname.lastname@example.org before the expiry of the withdrawal period:
I hereby give notice of withdrawal from the contract of sale or supply of the following product __________
Ordered on: _______
Name and Surname: _______
E-mail associated with the account from which the order was placed: ____________________
Guarantee of conformity of material products for consumer users
The legal guarantee of conformity, provided for by articles 128-135 of the Consumer Code, is recognised for all Products sold through the Application that fall within the category of “consumer goods”, as governed by art. 128, 2nd paragraph of the Consumer Code: any movable goods, even to be assembled, except i) goods subject to forced sale or in any case sold according to other methods by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a delimited volume or determined quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Holder is obliged to deliver to the User Consumer Products that comply with the sales contract. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
are suitable for the use for which goods of the same type are normally used
they conform to the description given by the Controller and possess the qualities of the goods that the seller has presented to the User Consumer as a sample or model
they present the quality and performance usual for goods of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where applicable, public statements on the specific characteristics of the Products made in this respect by the Holder, the producer or his agent or representative, in particular in advertising or on labelling
are also suitable for the particular use desired by the user-consumer and which has been brought to the attention of the Controller at the time of concluding the contract and which the Controller has also accepted by conclusive facts.
Therefore, any failures or malfunctions caused by accidental events or by the Consumer User’s responsibility or by use of the Product that does not comply with its intended use and/or with the provisions of the attached technical documentation are excluded from the scope of the conformity guarantee.
Any lack of conformity which becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless there is proof to the contrary, it shall be assumed that the conformity defects that become apparent within 6 months of delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. After 6 months, it shall be up to the Consumer User to provide proof that the damage did not originate from incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to the restoration of the conformity of the Product, free of charge. To this end, the Consumer User may choose between the repair of the Product or its replacement.
This right of choice may not be exercised if the remedy requested is objectively impossible or excessively onerous. In addition, the User-Consumer is only entitled to an appropriate reduction in the price or to termination of the contract if one of the following situations occurs: i) repair or replacement is impossible or excessively onerous; ii) the Owner has not provided the repair or replacement within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the User-Consumer.
If the User Consumer wishes to make use of the remedies provided for by the conformity guarantee, he must send a written communication to the e-mail address email@example.com.
The Owner shall promptly reply to the communication of the alleged conformity defect and shall indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.
User submitted content
The User may upload Contents to the Application, provided that they are not unlawful (i.e. obscene, threatening, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise detrimental to the Owner and/or third parties or contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and undertakes to indemnify and hold harmless the Controller against any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his account by people of age. For minors, the submission of Content must be screened and authorised by their parents or guardians.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users, and is therefore the sole guarantor and manager of the correctness, completeness and lawfulness of the Contents and his own behaviour.
It is forbidden to use an email address that does not belong to the User, to use the personal data and credentials of another User in order to appropriate their identity, or otherwise misrepresent the origin of the Content.
The Owner is not able to ensure timely control over the Contents received and reserves the right at all times to delete, move, modify those that, in its discretion, appear illicit, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable.
The Users grant the Owner a non-exclusive right of use of the Contents sent, without any limitation of geographical areas. The Owner may therefore, directly or through third parties of his trust, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, note, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, even through third parties.
Submitted Content will not be returned and the Owner shall not be liable to Users for the loss, modification or destruction of the Content transmitted.
The following is expressly prohibited, unless expressly authorised by the Owner: i) the use of automatic systems for uploading advertisements, except for those expressly authorised, ii) the serial publication and/or management of advertisements on behalf of third parties by any means or methods, iii) reselling the Owner’s services to third parties.
Industrial and Intellectual Property Rights
The Owner declares that it is the owner and/or licensee of all the intellectual property rights relating to and/or concerning the Application and/or the Contents available on the Application. Therefore, all the trademarks, figurative or nominative and all the other signs, trade names, service marks, word marks, trade names, illustrations, images, logos and contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the current laws on trademarks and by the relevant international treaties.
The Terms do not grant the User any licence to use individual content and/or materials available therein, unless otherwise stipulated.
Any reproduction in any form of the explanatory texts and contents of the Application, if not authorised, shall be considered an infringement of the Holder’s intellectual and industrial property rights.
Exclusion of warranty
The Application is provided on an “as is” and “as available” basis and the Owner does not provide any express or implied guarantee in relation to the Application, nor does he provide any guarantee that the Application will meet the needs of the Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available 24 hours a day, but shall not be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or due to events of force majeure.
Limitation of Liability
The Data Controller shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers.
Furthermore, the Controller shall not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to the Controller, and the User shall only be entitled to a full refund of the price paid and any additional charges incurred.
The Holder assumes no liability for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as he does not come into contact in any way with the payment data used (credit card number, holder’s name, password, etc.).
The Holder shall not be liable for:
any loss of commercial opportunity and any other loss, including indirect loss, which the User may suffer and which are not a direct consequence of the breach of contract by the Controller
incorrect or unsuitable use of the Application by Users or third parties
the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for their correct entry
Under no circumstances may the Controller be held liable for more than double the amount paid by the User.
The Controller shall not be liable for failure to perform or delay in performing its obligations due to circumstances beyond the Controller’s reasonable control due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control.
The fulfilment of the obligations by the Holder shall be deemed to be suspended for the period during which events of force majeure occur.
The Controller shall do everything in its power to find solutions that will allow the proper fulfilment of its obligations despite the persistence of force majeure events.
Linking to third-party sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and is therefore in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.
Applicable law and competent court
The Conditions are subject to Italian law.
For the Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to refer the matter to a judge other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, having territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Italian Civil Procedure Code.
This is without prejudice to the application to Consumer Users who are not habitually resident in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they are habitually resident, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
Online dispute resolution for consumer users
The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and supply of services stipulated on the web. Consequently, the User Consumer may use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/