The sole proprietorship Laura Quinti (hereinafter also referred to as the "Seller") with headquarters in Via 2 Giugno, 46 - 53040 Cetona (SI), VAT number 01025170521, sells semi-precious stones.
The Seller makes some products of its network of suppliers (for brevity also "Products") available for remote sale through the website www.mineralevivo.com (hereinafter, "the Site").
These General Conditions of Sale are applicable to all sales of Products concluded remotely through the Site and govern remote sales in accordance with and in compliance with the national and European regulations in force on the subject, including Legislative Decree no. 70/2003, the Legislative Decree no. 206/2005 and subsequent amendments (hereinafter, the "Consumer Code") and the European Directive n. 2011/83 EU on consumer rights.
1.1 These General Conditions of Sale govern the sale through the Site of Products offered by the Seller.
1.2 These General Conditions of Sale may be modified by the Seller at any time. Any changes will be effective from the moment of their publication on the Site in the "General conditions of sale" section, present on the homepage of the Site. Customers are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General conditions of sale. The applicable conditions of sale are those in force on the date of transmission of the purchase order for a product by the customer.
1.3 Before proceeding with the purchase of Products through the Site, the Customer is required to carefully read these General Conditions of Sale, made available in the "Terms of Sale" section of the Site.
1.4 It is understood that the execution of the Purchase Order through the Site implies total and absolute knowledge of these General Conditions of Sale and their full acceptance.
1.5 These General Conditions of Sale do not regulate the sale of Products by subjects other than the Seller, even if they are present on the Site through links, banners or other hypertext links. Given this, the Customer is invited, before proceeding with any forwarding of orders and/or with the purchase of products and services from subjects other than the Seller, to check the general conditions of sale applied by the latter. The Seller cannot in any way be held responsible for the supply of goods or services by third parties.
1.6 In the event that the person who purchases Products on the Site requests the issuance of an invoice and/or in any case is not a "Consumer" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal provisions pursuant to art. 8 of these General Conditions nor, more generally, the provisions that apply only to "consumers" pursuant to the same Consumer Code.
2. Information aimed at the conclusion of the Contract
2.1 The Seller informs the Customer that:
- to conclude the purchase contract for one or more Products on the Site, the Customer must place a Purchase Order for the products, by filling in an order form in electronic format and sending it to the Seller, electronically, following the instructions appearing on the Site;
- the Contract is concluded when the user receives from the Seller, at the e-mail address indicated, the e-mail confirming the forwarded Purchase Order. This confirmation message will contain the date and time of execution of the order and a "Customer Order Number", to be used in any further communication with mineralivivo.com and to be used in the reason for the bank transfer.
- before proceeding with the transmission of the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site in the various phases of the purchase;
- the registration credentials (email address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them.
2.3 In any case, the Seller reserves the right to evaluate acceptance of the Orders received and not to accept Purchase Orders that are incomplete or incorrect or in the event of unavailability of the Products. If the Seller does not receive the payment within 5 days following the sending of the order confirmation email, he will send the Customer a payment reminder email. If after another 5 days from the sending of the reminder email the Customer has not made the payment, the contract is considered terminated by law (art. 1454 of the civil code formal notice).
3. Registration on the Site and Purchase Order for the Products
3.1 Purchase Orders can be placed directly through the Site, only by adults who are not legally incapacitated.
3.2 The Customer who intends to place the Purchase Orders for the Products can register on the Site and enter the requested data. In any case, it is still necessary to provide the Seller with a valid e-mail address to which all the mandatory information is forwarded to the Customer, as well as the communications required by these General Conditions of Sale or in any case concerning the Purchase Order of the Products.
3.3 The description of the characteristics of the Products that can be purchased, together with one or more photographic images that allow for a correct representation of the Products, is present on the Site, in the Purchase Order and in the Order Confirmation sent to the Customer at the end of the purchase procedure.
3.4 The images and descriptions in each Product Sheet reproduce the characteristics of the Products as faithfully as possible but must always be understood as indicative. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products sent by the Customer will prevail. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ slightly even if reproduced in photographic studios, the tone varies according to the type of light used in the studio "warm light / cold light /distance between the product and the surrounding lighting and the type of camera used.
3.5 To view the selected Products and their total price, click on the shopping cart icon. The Customer is requested to check the accuracy of the contents of the cart before confirming the Purchase Order for the Products, entering the requested data and following the instructions provided on the corresponding page of the Site, as well as confirming that he has read and accepted these Conditions sales generals.
3.6 The Customer has the right to make changes or correct any errors before sending the Purchase Order to the Seller, following the instructions contained on the Website.
3.7 The Customer, before the shipment is made by the Seller, can cancel the order by promptly notifying the address email@example.com and subsequently contacting our operators on the number: 392 109 2987.
4. Prices of Products
4.1 All the prices of the Products published on the Site are expressed in Euros and are inclusive of VAT. Delivery costs, (which may vary in relation to the chosen delivery method and/or in relation to the payment method used and the quantity/weight of the products), are specifically indicated (in Euros and inclusive of VAT) in the Product sheet, in the Purchase Order and in the Order confirmation email sent to the Customer.
4.2 The prices of the products published on the homepage or in the various sections of the Site are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the Products, where this is different from Italy, which will be charged to the Customer. The Seller reserves the right to change the prices of the products listed on the Site at any time. However, any changes to the product prices will not be effective for Customers who have already forwarded an Order.
4.3 In the event that a product is offered on the Site at a discounted price, the full reference price with respect to which the discount is calculated and what this full reference price corresponds to will be indicated on the Site.
4.4 For smaller islands or disadvantaged locations, a supplement may be provided which will be communicated by our Customer Service once the order is completed.
5. Methods of Payment and Billing
5.1 Payment by the Customer can be made in Euros using one of the payment methods indicated on the Site and listed below.
5.2 Credit card: confidential credit card data (card number, expiration date, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore never has access to and does not store the data of the credit card used by the Customer to pay for the Products, not even if the same proceeds to save the Credit Cards, except for the data relating to the holder of the paper.
5.3 PayPal: payment for the Products purchased on the Site can be made using the PayPal payment solution. If the Customer chooses PayPal as a means of payment, the same is redirected to the website www.paypal.it where he can pay for the Products according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed by the Customer with PayPal . Personal data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the credit card data connected to the Customer's PayPal account or the data of any other payment instrument connected with this account.
5.4 Cash on delivery: by choosing this method, payment is made to the Courier upon delivery of the product. Payment is accepted by cash, respecting the limit permitted by law. The seller reserves the right to request payment only by electronic means (credit cards, paypal) in the event that, on the occasion of a previous purchase, the Customer has not collected the products for which cash on delivery was required, after 10 days from receipt of the email notification of the stock of the products themselves.
6. Delivery of Products
6.1 Following the confirmation of the Purchase Order sent to the e-mail address indicated, the Customer can follow the delivery of his Order online.
6.2 For any information regarding the delivery, the Customer can contact the Seller's Customer Service, whose contacts are indicated in the "Terms and conditions of use" contract.
6.3 Product deliveries are made only within the territory of the European Union. The delivery obligation is understood to be fulfilled by transferring the material availability or in any case control of the Products to the Customer.
6.4 Delivery costs are always charged to the Customer. The amount of delivery costs payable by the Customer in relation to a specific Purchase Order is expressly and separately indicated (in Euros and inclusive of VAT) on the Site during the purchase process, in the Order and in the confirmation email of the Order.
6.5 Before finalizing the purchase, the estimated date of shipment of the Products covered by the Order will be indicated, which may vary depending on the geographical location of the Customer and the delivery method. In the event that the Purchase Order relates to several Products for which different shipping times are envisaged, the estimated shipping date must be considered the one referring to the item whose shipment is scheduled for the latest.
6.6 The shipping terms start from the moment of payment (made electronically). In the event that payment is made with cash on delivery, the Customer may be contacted for further confirmation of the order.
6.7 The Products purchased will be delivered, via the courier indicated on the Site, to the address indicated by the Customer in the Purchase Order, according to the costs and terms indicated during the purchase procedure. The delivery of the Products is carried out at the "roadside".
6.8 If after one or more delivery attempts (depending on the selected courier) by the courier, it has not been possible to deliver the goods, the Seller sends an e-mail to the Customer to notify that the product is in stock. From this moment on, the Customer has 10 days to collect the product from the depot, after which the Seller has the right to take back the product by returning to the Customer the sum paid by the latter with the exception of shipping costs which are in any case charged to the Customer .
6.9 The Seller will not be responsible for failed or delayed delivery due to force majeure, such as, for example, strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, heavy snowfalls, flooding and damage to industrial machinery not dependent on the Seller. The seller will promptly notify the Customer of the occurrence of a cause of force majeure.
6.10 If the Customer is a Consumer, he has the right to withdraw under the terms and conditions set out in point 8 below of these General Terms and Conditions of Sale.
6.11 The possibility of choosing the courier by the Customer is excluded. In the event that the Customer is a Consumer, the art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a third party designated by him and different from the carrier, materially takes possession of the goods.
7. Conformity of delivered Products
7.1 The responsibility for the transport is borne by the Seller, who will take action against the courier in the event of damage to the product during transport.
7.2 It is up to the Customer to check the conditions of the Products delivered to him. The Customer assumes the risk of non-delivery or damage to the ordered products, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and other than the carrier, physically enters possession of such products.
7.3 Upon delivery of the goods, it is the Customer's responsibility to check that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials (quality check). Any damage and/or alteration of the packaging must be immediately reported to the courier who carries out the delivery and, in this case, the Customer has the right to accept the goods with a "shrewd reserve" to be written on the courier's DDT: Ex: "box with holes in the side", "box open and no custom tape", "box damaged", etc.
Under no circumstances can the Customer verify the integrity of the Products contained in the packaging in the presence of the courier at the time of delivery, without prejudice to the Customer's right to accept the Products with reserve.
7.4 In the event that the product is damaged during transport, the Customer must notify the Seller by e-mail within 24 hours, detailing the damage that the product has suffered. Furthermore, in order to take advantage of the insurance included in the price, any damage must be reported within a maximum of 24 hours "working days from receipt of the goods" to the following address firstname.lastname@example.org, or by registered mail to the address: Via due Giugno, 46 - 53040 Cetona (SI).
7.5 In any case, upon delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not have production defects or other lack of conformity. In addition to the specific guarantees that may be provided to the Customer together with the delivered product, the legal guarantees established by Italian law are also applicable to the sale of the Products purchased on the Site.
7.6 Pursuant to art. 130 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or termination of the contract. The Consumer may, at his choice, ask the Seller to repair the goods or to replace them, free of charge in both cases, unless the remedy requested is objectively impossible or excessively onerous compared to the other.
In the event that the package shows obvious signs of tampering or alteration, the Customer is also advised to promptly notify Customer Service at the address indicated below.
The guarantee of legal conformity of the goods, provided for by articles 128 ff. of the Consumer Code, is equal to 24 months: specifically, the Seller is responsible, pursuant to article 130, when the lack of conformity occurs within two years of delivery of the goods. It is understood that the Consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect (Article 132 of the Consumer Code).
7.7 The Consumer's request to enforce the product conformity guarantee must be communicated to the Seller by contacting Customer Service on 392 109 2987.
7.8 The customer can choose the desired courier from the available couriers offered by the seller. If the courier chosen by the customer is "Posta1/Priority", the seller declines all responsibility in the event of loss which leads to non-delivery of the product.
8. Right of withdrawal for the Consumer
8.1 If the Customer is a Consumer, he can exercise the right of withdrawal pursuant to articles 52 et seq. of Legislative Decree no. 205/2006 (Consumer Code) within fourteen days from the day on which the Consumer himself or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods, or in the case of multiple goods ordered by the Consumer through a order only and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last good.
8.2 To exercise the right of withdrawal, simply inform us of your decision to withdraw from this contract by opening a ticket in the "Customer Service" section at the following address https://www.mineralevivo.com/it/contact us. You must indicate the invoice or order number and date, item code and quantity for each item to be returned, and the reason for the return.
8.3 For the withdrawal or return to be accepted by the Seller, the Products must be returned within the peremptory term of 30 (thirty) days from the date on which the Customer communicated to the Seller that he/she wishes to withdraw from the purchase or make the return by sending of the withdrawal form and in compliance with all the conditions set out below:
- the products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);
- the products must be accompanied by the purchase receipt;
- the products returned by the Customer must not have been opened, used, damaged, but may have been manipulated and inspected to establish their nature and characteristics;
- any damaged products being returned must be returned as received by the Customer, without the latter subjecting them to modifications, manipulations or attempts to repair them.
8.4 In the event of withdrawal, all payments made to the Seller are refunded to the Customer (with the exception of the direct cost of returning the goods and any costs incurred for cash on delivery), according to the payment methods chosen for the purchase , in relation to the product for which the withdrawal has been exercised. Furthermore, the Consumer must also be guaranteed the return of the original shipping costs in addition to the price of the goods. The Seller reimburses these payments without undue delay and in any case within fourteen days from the day on which it is informed of the Consumer's decision to withdraw from the contract.
The seller may withhold the refund until he has received the goods or until the Consumer has demonstrated that he has sent the goods back, depending on which situation occurs first (pursuant to article 57 of Legislative Decree 206/2005 Consumer Code).
Pursuant to art. 57 paragraph 2 (Legislative Decree 206/2005 Consumer Code) the Consumer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The refund is made according to the payment method chosen by the Customer and does not involve any additional cost for the Customer.
8.5 In the case of cash on delivery, the Customer must indicate the Iban on which he wants the purchase costs incurred to be reimbursed.
9.1 If you have a complaint against the Seller following the purchase of a product or service and it has not been possible for you to resolve it by contacting our Customer Service, remember that you have the possibility to present it through the ODR platform (Platform for Online Dispute Resolution ), managed by the European Commission. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
10. Limitation of Liability
Without prejudice to the provisions of paragraph 7.6 above for the hypotheses expressly regulated therein:
10.1 The Seller will not be liable in the event of delays in the delivery of the Products offered for sale due to insufficient stocks at its suppliers;
10.2 Within the limits permitted by law, the Seller declines all responsibility in the event that the delivered Products do not comply (in whole or in part) with the legislation of a country of delivery other than Italy;
10.3 the Seller will also not be liable in the event of non-substantial differences between the Products purchased and their illustrative images and text descriptions published on the Site.
10.4 Except in the case of willful misconduct or gross negligence, the Seller will only be liable for any direct and foreseeable damage at the time of concluding the purchase of its Products. Therefore, the Seller assumes no responsibility for indirect damages or other types of damages or costs, including, by way of example but not limited to, any losses suffered, loss of profits or any other damages that are not an immediate and direct consequence of its breach of contract or that were not foreseeable at the time of conclusion of the purchase of the Products;
10.5 The Seller is not responsible for the fulfillment of the obligations of third parties (other than the Seller and its group companies) who may offer commercial guarantees in relation to their products offered for sale on the Site or in the Seller's stores.