GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Online Sale ("General Conditions") apply to all sales contracts concluded between Olena Munko, with registered office in Castiglione di Ravenna (RA), Olena Munko, via San Pantaleone 34, 48125, Ravenna, Italy, registration number: P.IVA: 02744770393 tel (+39) 3513481193, PEC: info@prestish.com (hereinafter "the Seller"), the products ("Products") for sale in the online store on the website www.prestishjewels.com ("Website"), and the customer, understood pursuant to art. 3 of Legislative Decree no. 206/2005 ("Consumer Code") as a consumer, i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out ("Customer"), on the basis of orders placed electronically through the Website.

The offer and sale of products on the Website are governed by these General Conditions. The Customer may request any information through the assistance services by contacting Customer Service as indicated in para. 11.

COMMERCIAL POLICY

The Seller offers Products for sale on the Website and carries out its e-commerce activity exclusively with its end users who are "consumers". When we speak of "consumer", we refer to any natural person who acts on the Website for purposes not attributable to their commercial, entrepreneurial, craft or professional activity. The offer and sale of the Products refer exclusively to the countries indicated in the list of shipping countries on the dedicated page of the Website accessible from the Homepage.

The Seller reserves the right to establish a maximum limit of Products, or types of Products, that can be purchased on the Website. The Seller, therefore, reserves the right not to process orders from subjects other than the "consumer" and/or minors, from countries not included among those indicated as shipping countries or, in any case, orders that do not comply with its commercial policy.

These General Conditions exclusively regulate the offer, forwarding and acceptance of product purchase orders on the Website between Customers and the Seller. The General Conditions do not, however, regulate the sale of goods or the provision of services by parties other than the Seller, even if present on the Website through links, banners or other forms of connection. It is the Customer's responsibility to verify the terms and conditions of sale before placing orders and purchasing goods and services from parties other than the Seller, as the Seller is not responsible for the provision of services by third parties other than the Seller or the conclusion of e-commerce transactions between Website users and third parties.

PRODUCT PURCHASE ORDER

To order one or more Products on the Website, the Customer must select the Products they wish to purchase and add them to the cart.
Once the selection of the chosen Products is complete, the Customer must proceed to checkout on the cart web page, fill in the order form in electronic format, according to the relevant instructions, and transmit it to the Seller.

Before proceeding with the purchase of the Products, by transmitting the order form, the Customer will be invited to carefully read the General Conditions, which they can print, save or copy for personal use.

The product purchase order can be placed by the Customer either through their personal account, if registered on the Website, or through guest user mode, in which case they will have to provide the personal data necessary to proceed with the order. The order form contains a reference to the General Conditions, as well as a summary of the information on the main characteristics of each Product ordered and its price (including all applicable taxes or duties), the accepted payment methods and delivery methods for the purchased Products, shipping and delivery costs, the conditions for exercising the right of withdrawal and the methods and times for returning the purchased Products.

Before submitting the order form, the Customer can check the order details, as well as identify and correct any data entry errors. The submission of the order form by the Customer entails the latter's obligation to pay the price indicated in the order. By submitting the order form, the Customer unconditionally accepts and undertakes to observe these General Conditions in their relations with the Seller. If you do not agree with any of the terms set out in the General Conditions, we invite you not to submit the order form for the purchase of the products. By transmitting the order form, the Customer confirms that they know and accept the General Conditions and the further information contained on the Website, also referred to via links, including the General Terms of Use.

The presence of the Products on the Website must be understood as an invitation to offer by the Seller. The submission of the purchase order by the Customer to the Seller will be considered as an offer to purchase the individual Products subject to the order.

Upon receipt of the purchase order, the Seller will send the Customer, via e-mail, a receipt of the purchase order, which will contain a summary of the General Conditions, information relating to the essential characteristics of the Products and a detailed indication of the price (including all applicable taxes or duties), payment methods, conditions and methods for exercising the right of withdrawal and delivery costs. This e-mail constitutes an automatic confirmation of receipt of the order and does not imply acceptance by the Seller of the Customer's purchase order.

The Customer's purchase order will be considered accepted by the Seller when the latter sends an e-mail confirming the shipment of the ordered Products.
The Seller reserves the right not to accept purchase orders. This may happen, for example, in case of unavailability of the Products or incomplete or incorrect orders, which do not provide sufficient solvency guarantees or which are contrary to the Seller's commercial policy and/or the General Conditions. In these cases, the Seller will promptly communicate, and in any case within 30 days from the transmission of the order to the Seller, to the Customer via e-mail that the contract has not been concluded and that the Seller has not executed the purchase order. If the Customer has already transmitted the order form and paid the price, the Seller will refund the amount paid.

The order form will be stored in the Seller's database for the period of time necessary to process the orders and in any case in compliance with legal terms. The Customer, if registered on the Website, can view the orders placed by accessing their personal account and consulting the dedicated section of the Website. The Customer who has made a purchase as a "guest" user can check the orders placed by contacting Customer Service as indicated in paragraph 11 "Customer Service" below.

The languages available for concluding the purchase order are those indicated, for each country, on the page relating to the shipping countries accessible through the Website Homepage.

PRODUCT CHARACTERISTICS

Only original Products are offered for sale on the Website. The essential characteristics of the Products are presented on the Website within each Product sheet. However, the images and colours of the Products offered for sale may not correspond to the real ones due to the Internet browser and/or monitor used. Each Product is sold on the Website together with its identification tag, which is an integral part of the Product itself.

PAYMENTS

The prices of the Products indicated on the Website are expressed in Euros (€) and already include all applicable taxes and duties. Product prices do not include shipping and delivery costs, which will be clearly indicated at the beginning of the Product purchase process. Product prices may be subject to change. The Customer therefore undertakes to verify the final sales price before submitting the relevant order form.

The payment methods are listed on the Payments and Security page of the Website, as well as indicated in the individual order form, and constitute an integral part of the General Conditions. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged after the Customer sends the purchase order and before the Products are shipped by the Seller.

In case of choosing payment by credit card, financial information (for example, the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the banks or companies that provide the related remote electronic payment services, without third parties being able to access them in any way. Furthermore, such information will never be used by the Seller except to complete the procedures relating to the purchase for which it was provided and to issue the relative refunds in case of any returns of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Website.

If the Product is delivered to a country belonging to the European Union, the Product sold should not be subject to any customs clearance costs, such as import taxes and/or duties. If, however, the Product is delivered to a country not belonging to the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, to be paid upon arrival of the Product in the country of delivery. Customs clearance costs cannot be predicted in advance by the Seller and are, in any case, entirely borne by the Customer.

For further information, the Customer can contact the customs office of the Product's country of delivery.

DELIVERY OF PRODUCTS

The delivery of Products ordered on the Website takes place via express courier. The costs, methods and terms of delivery of the Products are indicated on the "Shipping" page, as well as in the individual purchase order form, and constitute an integral part of the General Conditions. The delivery times of the Products indicated on the Website are indicative and refer exclusively to working days, with express exclusion of holidays.

The Customer must place the purchase order directly from the Website page relating to the shipping country where the purchased Product will be delivered. The Website should be able to automatically recognise the country from which the Customer is connecting, but it is possible to change the reference country of the Website through the list of shipping countries on the relevant page of the Website.

Orders placed from a section of the Website relating to a country other than the destination country, or to an address not accepted by the courier appointed by the Seller (such as, for example, Post Office Boxes and Poste Restante), will not be accepted. For Italy only, the Website is not authorised to ship to Livigno, Campione d'Italia, San Marino and Vatican City.

RIGHT OF WITHDRAWAL

Exercising the right of withdrawal

The Customer has the right to withdraw from the contract concluded with the Seller, free of charge and without giving reasons, within 14 days from the day on which they acquired physical possession of the Products purchased on the Website.

To exercise the right of withdrawal, the Customer can communicate their decision to withdraw from the contract using the withdrawal form on the Website. To this end, the Customer must access the section of the Website relating to orders placed, fill in the withdrawal form and send it electronically to the Seller.

Alternatively, the Customer may send a written and explicit communication of their decision to withdraw to the Seller, providing their contact details (name, surname, address and e-mail), the order and receipt dates of the Products, the order number and the Products purchased; for this purpose, the Customer may optionally use the standard, non-mandatory, withdrawal form referred to in Annex I of Legislative Decree 21 February 2014, no. 21, available at the bottom of this page. If the Customer chooses this option, the withdrawal communication must be sent to the Seller at the contacts indicated in the "Customer Service" paragraph.

In case of exercising the right of withdrawal, it is not possible to directly replace the chosen Product with another; to purchase a new Product, the Customer must place a new order separate from the previous one.

The Customer will be responsible for any decrease in the value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics and functioning of the Products themselves. The returned Products must be returned in perfect condition and include all accessories and documents. In the event that the Product shows signs of wear or has been altered in any way from its original condition, the Seller reserves the right not to accept the return or, alternatively, to reduce the amount of the refund or exchange.

Return times and methods

The Products subject to withdrawal must be returned to the Seller within fourteen (14) days from the date on which the Customer notified the Seller of their decision to withdraw from the contract. The Products must be returned to the Seller, together with the withdrawal form available at the following link, at Olena Munko, via San Pantaleone 34, 48125, Ravenna, Italy.

The payment of the direct costs of returning the Products will be borne by the Customer.

It is recommended to return the Products in the packaging sent by the Seller.

Refund times and methods

The Seller, after receiving the Products and verifying that all the requirements of this article 6 have been met, will send the Customer an e-mail confirming the acceptance of the return.
The Seller will proceed with the refund of all payments received from the Customer, including delivery costs. However, the Seller will not be obliged to refund the additional costs of delivery if the Customer has expressly chosen a type of delivery other than the least expensive one offered.
Regardless of the payment method used by the Customer, the refund will be activated by the Seller, after verifying the correct exercise of the right of withdrawal, as soon as possible and in any case within 14 days from the date on which the Seller received the withdrawal communication. The refund may be suspended by the Seller until the Products are received or, if earlier, until the Customer demonstrates that they have returned the Products.

 

LEGAL GUARANTEE OF CONFORMITY

The Customer shall be entitled to the legal guarantee in the event of a lack of conformity of the Product that becomes apparent within two years of the delivery of the goods.
Unless proven otherwise, defects of conformity that become apparent within 1 (one) year of the Product's delivery are presumed to have existed at that date, unless such presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

It is understood that damages, alterations, changes and/or modifications to the Products caused by the Customer and/or third parties other than Prestish will not be considered defects or lack of conformity. By way of example and not exhaustive, damages caused by improper use (such as direct exposure to sunlight or heat, contact with liquids, rain or food), normal wear and tear, failure to comply with applicable maintenance and/or cleaning instructions will not be considered defects or lack of conformity.

The action to assert a lack of conformity that has not been fraudulently concealed by the Seller is, in any case, time-barred within 26 (twenty-six) months from the delivery of the product.
In the event of a lack of conformity, the Customer may, at his option, ask the Seller to repair the goods or replace them, in both cases without incurring any cost, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller. The Customer may also request, at his option, a proportional reduction of the price or termination of the contract in the cases referred to in Article 135-bis of the Consumer Code.

To avail oneself of the conformity guarantee, it is recommended to keep and present the product's purchase documents.
For more information on the legal guarantee of conformity for consumers, as well as to take advantage of the remedies provided by the legal guarantee in relation to products purchased from the Seller, the consumer may contact Customer Service.

 

PRIVACY

The user can obtain information on how their personal data is processed by accessing the Privacy Policy.

 

APPLICABLE LAW AND DISPUTE RESOLUTION

The General Conditions are governed by Italian law and in particular by the provisions of Legislative Decree 6 September 2005, n. 206, containing the "Consumer Code", with specific reference to the provisions on distance contracts and by Legislative Decree 9 April 2003, n. 70 on certain aspects of electronic commerce.

For any dispute relating to these General Conditions, the Customer may use the online platform made available by the European Commission for alternative out-of-court dispute resolution (the so-called ODR platform), accessible on the website at the following link https://webgate.ec.europa.eu/odr.

This does not affect the Customer's right to bring proceedings before the competent ordinary courts. The jurisdiction applicable to sales contracts concluded through the Website is that of the Customer's place of residence or domicile.

 

AMENDMENT OF THE GENERAL CONDITIONS

The General Conditions will be amended from time to time, also in consideration of any regulatory changes. The new General Conditions will be effective from the date of publication on the Website.

CUSTOMER SERVICE

For assistance with Products, further information, suggestions, complaints and/or additional requests, the Customer may contact the Seller's Customer Service at any time via the contact form or at the following references:
by phone: (+39) 3513481193;
by e-mail: customer@prestish.com;
by post: Olena Munko, Castiglione di Ravenna (RA), via San Pantaleone 34, 48125.