Terms of sale
- Acceptance of the general conditions of sale
1.1 The contract stipulated between Creazioni By Livia di Livia Pasca and the Customer must be considered concluded with the acceptance, even partial, of the order by Creazioni By Livia di Livia Pasca. Such acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
1.2 If the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his/her professional activity), once the online purchase procedure has been completed, he/she will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of the Consumer Code (Legislative Decree 206/05) on distance selling.
1.3 The Customer is excluded from any right to compensation for damages or indemnity, 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.2. Purchase methods
2.1 The Customer can only purchase the products present in the Creazioni By Livia di Livia Pasca electronic catalogue at the time of placing the order and viewable online at the address www.creazionibylivia.com , as described in the relevant information sheets. It is understood that the image accompanying the product description sheet may not be perfectly representative of its characteristics but may differ in color, size, accessory products shown in the figure. All information supporting the purchase (Glossary, Purchase Guide, etc.) is to be understood as simple generic information material, not referable to the real characteristics of a single product.
2.2 Correct receipt and acceptance of the order is confirmed by Creazioni By Livia di Livia Pasca by means of an e-mail response, sent to the e-mail address provided by the Customer. This confirmation message will report the Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with Creazioni By Livia di Livia Pasca. The message will reiterate all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document.
2.3 In the event of non-acceptance of the order, Creazioni By Livia di Livia Pasca guarantees timely communication to the Customer.3. Payment Methods
3.1 Credit card
3.1.1 In the case of purchase of goods with Credit Card payment method, at the same time as the conclusion of the online transaction, the relevant banking institution will authorize only the commitment of the amount relating to the purchase made. The amount relating to the goods shipped, even partially, will actually be charged to the Customer's credit card following acceptance, and the relative communication to the customer, of the order.
3.1.2 Creazioni By Livia di Livia Pasca reserves the right to charge the customer's credit card in order to avoid the expiration of the transaction authorization which occurs on the 23rd day.
3.1.3 At no time during the purchase procedure will Creazioni By Livia di Livia Pasca be able to access the information relating to the buyer's credit card, which is transmitted via a secure connection directly to the website of the banking institution that manages the transaction. No computer archive of Creazioni By Livia di Livia Pasca will store such data. In no case can Creazioni By Livia di Livia Pasca therefore be held responsible for any fraudulent or improper use of credit cards by third parties, upon payment for products purchased on www.creazionibylivia.com
3.2 Advance Bank Transfer
3.2.1 The Advance Bank Transfer payment method cannot be used on all items in the catalogue. Any limitations are clearly highlighted in the shopping cart. In the case of payment by Advance Bank Transfer, the items ordered by the Customer will be held until receipt of proof of the transfer, to be sent to Creazioni By Livia di Livia Pasca (via fax or e-mail) no later than 3 working days from the date of acceptance of the order. The items ordered will be sent only upon actual crediting of the amount due to the Creazioni By Livia di Livia Pasca account, which must occur within 7 working days from the date of acceptance of the order. After these deadlines, the order will be automatically considered cancelled.
3.2.1.1 The reason for the bank transfer must always include: a) the order reference number; b) the date the order was placed; c) the name and surname of the person placing the order.
4. Delivery methods and costs
4.1 Creazioni By Livia di Livia Pasca can only accept orders for delivery in Italy and the European Community
4.2 For each order placed on www.creazionibylivia.com, Creazioni By Livia di Livia Pasca issues an invoice for the material shipped, sending it inside the package, pursuant to art. 14 DPR 445/2000 and DL 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No changes to the invoice will be possible after its issuance.
4.3. Delivery costs are borne by Creazioni By Livia di Livia Pasca, except for any Transport Cost Contributions, explicitly highlighted at the time the order is placed. Payment for the goods by the Customer will be made using the method chosen at the time of ordering. Nothing more is owed by the Customer than the total amount of the order.
4.4 Creazioni By Livia di Livia Pasca cannot be held responsible for any delays in processing the order or in delivering the items ordered.
4.5 Delivery of the ordered items is intended to be at street level unless: a) otherwise communicated by our customer service; b) as provided for in the product technical sheet; c) the explicit purchase of delivery to the floor, where provided for.
4.6 Upon delivery of the goods by the courier, the Customer is required to check: a) that the number of packages delivered corresponds to that indicated in the transport document; b) that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials (adhesive tape or metal straps).
4.7 Any damage to the packaging and/or the product or the discrepancy in the number of packages or indications must be immediately contested by writing a WRITTEN RESERVATION OF CONTROL (SPECIFYING THE REASON FOR THE RESERVATION, e.g. “holed packaging”, “crushed packaging”, etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to raise any objections regarding the external characteristics of the delivered goods.
4.8 Any problems concerning the physical integrity, completeness or correspondence of the products received with what is indicated in the order confirmation email (in particular the presence of the instructions and the warranty coupon) must be reported within 7 days of delivery, according to the methods set out in this document.
4.9 In the event of failure to collect the material stored in the courier's warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Customer when ordering, the order will be returned to the warehouses of Creazioni By Livia di Livia Pasca, which will retain the amount corresponding to the cost of storing the goods in the Courier's warehouses as well as the cost of transporting the goods to its own warehouses.
4.10 In the event of failure to collect the goods by the buyer within 3 months, Creazioni By Livia di Livia Pasca will consider the goods as discarded, also as a penalty, and will retain an amount equal to the cost of the goods themselves as a penalty.
4.11 As established by art. 63 co. 2 Legislative Decree 206/2005, amended by Legislative Decree 21/2014, “In the event that the carrier has been chosen by you other than those proposed during the purchase phase, the risk of damage and loss of the Products is transferred to you at the moment of delivery to the carrier, precluding any dispute regarding the external characteristics of the delivered goods. In this case, any dispute must be raised directly by you against the carrier.”
5. Right of withdrawal
5.1 Pursuant to Legislative Decree 206/2005 and subsequent amendments expressed in Legislative Decree 21/2014, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his/her professional activity, or does not make the purchase by indicating a VAT number in the order form to Creazioni By Livia di Livia Pasca), he/she has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points 5.3 and 5.5. As per Annex I, Part A, Legislative Decree 206/2005: “You have the right to withdraw from the contract, without giving any reason, within 14 days. The withdrawal period expires after 14 days from day ⌈1⌋. To exercise the right of withdrawal, you must inform us (⌈2⌋) of your decision to withdraw from this contract by means of an explicit declaration (for example a letter sent by post, fax or e-mail or any explicit declaration). For this purpose, you can use the attached model withdrawal form, but it is not mandatory ⌈3⌋”.
5.2 To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal, via email or with the return procedure to be activated in the "my orders" section of the www.creazionibylivia.com website, before the withdrawal period expires. Once the aforementioned withdrawal communication has been received, Creazioni By Livia di Livia Pasca will promptly communicate to the customer the instructions on how to return the goods. Specifically, as per Annex I, Part A, Legislative Decree 206/2005: “If you withdraw from this contract, we will reimburse 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 days from the day on which we are informed of your decision to withdraw from this contract. Such reimbursements will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not have to bear any costs as a consequence of such reimbursement (full reimbursement, including original shipping costs, within 14 days of communication of withdrawal). The standard letter relating to the return request must be composed as follows in accordance with Annex I, Part B, Legislative Decree 206/2005; “Instructions for filling in: B. Standard withdrawal form – pursuant to art. 49, paragraph 1, letter h) – (complete and return this form only if you wish to withdraw from the contract) – Recipient [the name, geographical address and, where available, telephone number, fax number and email address must be entered by the professional]: – I/we (*) hereby notify the withdrawal from my/our (*) contract of sale of the following goods/services (*) – Ordered on (*)/received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date (*) Delete where applicable. ” The goods must be returned intact, complete with all their parts and in the original packaging (envelopes and boxes), stored and possibly used with normal diligence, without any signs of wear or dirt, in compliance with the conditions of the following points 5.3 and 5.5. 5.3 The right of withdrawal is in any case subject to the following conditions: a) the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased; b) the right does not apply to sealed audiovisual products or computer software (including those attached to hardware), once opened; c) the purchased goods must be intact and returned in the original packaging, complete in all its parts (including packaging, Creazioni By Livia packaging, and any documentation and accessory equipment); to limit damage to the original packaging and to the Creazioni By Livia packaging, we recommend wrapping it and sealing it with adhesive tape; in all cases, the affixing of labels or adhesive tape directly on the packaging should be avoided original product, and on the Creazioni By Livia packaging; d) regarding the shipping costs of the returned goods, they will not be charged to the customer in the event of replacement of the product or if the value of the product exceeds 200 euros. Otherwise, the shipping costs will be charged to the customer and must be made to the address communicated at the time of the return; e) the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer; f) in the event of damage to the goods during transport, Creazioni By Livia di Livia Pasca will inform the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured); in this event, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal; g) Creazioni By Livia di Livia Pasca is not liable in any way for damage or theft/loss of goods returned with uninsured shipments; h) its arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original wrapping are damaged, Creazioni By Livia di Livia Pasca will withhold a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs. 5.4 Without prejudice to any restoration costs for ascertained damage to the original packaging, Creazioni By Livia di Livia Pasca will refund the customer the entire amount already paid, within 14 days of the return of the goods, by means of a reversal procedure of the amount charged to the Credit Card or by Bank Transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (IBAN code of the invoice holder). 5.5 The right of withdrawal lapses entirely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Creazioni By Livia di Livia Pasca ascertain: a) the non-diligent use of the goods which has compromised their integrity, or the use of any consumable materials; b) the lack of the external packaging and/or the original internal packaging; c) the absence of integral elements of the product (accessories, manuals, parts, ...); d) damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Creazioni By Livia di Livia Pasca, available for collection by the Customer at his/her own expense. 5.6 As provided for by Art. 59 Legislative Decree 206/2005 on Exceptions to the right of withdrawal: 1. The right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated outside commercial premises is excluded in relation to: a) service contracts after the complete provision of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the Customer of the professional; b) the supply of goods or services the price of which is linked to fluctuations in the financial market which the professional is not able to control and which may occur during the withdrawal period; c) the supply of goods made to measure or clearly personalized; d) the supply of goods which are liable to deteriorate or expire rapidly; e) the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been unsealed after delivery; f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods; g) the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations in the market which cannot be controlled by the professional; h) contracts where the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the professional provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods; (i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery; (l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications; (m) contracts concluded at a public auction; (n) the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance; (o) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the express consent of the consumer and his acknowledgment that he would then lose the right of withdrawal.” We highlight the link to the European dispute resolution platform useful to the consumer: https://webgate.ec.europa.eu/odrhttps://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT.
Important Note About Personalized Items
All products made to order and personalized according to the customer's preferences (name, colors, flowers, measurements, etc.) are tailor-made and carefully crafted.
For this reason, it is not possible to make returns or exchanges once the product has been received.
We invite you to carefully check all the details before confirming the order.
6. Warranties
6.1 All products sold by Creazioni By Livia di Livia Pasca are covered by the manufacturer's conventional warranty and by the 24-month warranty for defects of conformity, pursuant to Legislative Decree 24/02. To benefit from warranty assistance, the Customer must keep the warranty coupon present in the original packaging, as well as the invoice issued by Creazioni By Livia di Livia Pasca. Exercising the Warranty may involve requesting assistance from Authorized Assistance Centers present in the territory and/or following the procedures illustrated in the documentation present inside the product packaging.
6.2 The manufacturer's conventional warranty is provided in accordance with the procedures illustrated in the documentation included in the product packaging. If, following intervention by an Authorized Assistance Center, the defect is found not to be covered by the manufacturer's conventional warranty, the Customer will be charged for any costs of verification and repair requested by the Authorized Assistance, as well as transport costs, if incurred by Creazioni By Livia di Livia Pasca
6.3 The 24-month guarantee pursuant to Legislative Decree 24/02 applies to products that have a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and with the provisions of the attached technical documentation. This guarantee is reserved for the private Consumer (a natural person who purchases the goods for purposes not related to his/her professional activity, or makes the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, Creazioni By Livia di Livia Pasca will, at no cost to the Customer, restore the conformity of the product by repairing/replacing it or reducing the price, up to the termination of the contract. If, following intervention by an Authorized Assistance Center, the defect does not result in a lack of conformity pursuant to Legislative Decree 24/02, the Customer will be charged for any costs of verification and restoration requested by the Authorized Assistance, as well as transport costs if incurred by Creazioni By Livia di Livia Pasca
6.4 Replacements in case of DOA (Dead On Arrival: product not working upon delivery) occur only if expressly provided by the manufacturer. The times of replacement or possible repair of the product depend exclusively on the manufacturer's policies.
6.5 In the event that, for any reason, Creazioni By Livia di Livia Pasca is unable to return to its customer a product under warranty (repaired or replaced), Creazioni By Livia di Livia Pasca may proceed at its own discretion to refund the amount paid taking into account the use of the product or to replace it with a product of equal or superior characteristics.
6.6 The times for repair or possible replacement of the product depend exclusively on the manufacturer's policies and no damages can be requested from Creazioni By Livia di Livia Pasca for any delays in carrying out repairs or replacements.
6.7 In cases where the application of the guarantees requires the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, etc.); to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the affixing of labels or adhesive tape directly on the original packaging of the product must be avoided.
7. Privacy
7.1 The personal data requested during the order process are collected and processed in order to satisfy the express requests of the Customer and will not be disclosed to third parties under any circumstances or for any reason. Creazioni By Livia di Livia Pasca guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code pursuant to Legislative Decree 196 of 30.06.03. As provided for by the former art. 7 Legislative Decree 196/2003 for the rights of the interested party: The processing of personal data has an exclusively commercial purpose and the requests are aimed only at practical use deriving from the sales relationship of the products we offer through our business. – Some data requested are mandatory in view of payments and shipments for products sold, to guarantee greater security in the purchase both for the customer and for the company itself. The data will be processed exclusively by CreazionibyLivia operators and by the professional figures inherent to the legal and commercial activity of the company itself.
7.2 The data controller is Creazioni By Livia di Livia Pasca, with registered office: Via Torchio 18, Sarmato, 29010 PC, and operational headquarters: Via Torchio 18, Sarmato, 29010 PC
8. Complaints
Any complaints must be addressed to Creazioni By Livia di Livia Pasca. by registered letter with acknowledgement of receipt to the following address: Via Torchio 18, Sarmato, 29010 PC, Italy.
9. Applicable law
The sales contract between the Customer and Creazioni By Livia di Livia Pasca is understood to be concluded in Italy and regulated by Italian Law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his/her municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Rome.
Personalize your jewel or your watch at our website www.creazionibylivia.com
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