General Sale Terms & Conditions

GENERAL CONDITIONS FOR THE ON-LINE SALES(CONTRACTS AT A DISTANCE)

ARTICLE 1. GENERAL INFORMATIONS

1.1
These General Conditions (the "General Conditions") govern all sales of products from the company Eredi Di Bruno Jovon Di Marco Jovon & C. S.a.s. (hereinafter, "Products" or "Product") concluded remotely on the website www.eredijovon.com (hereinafter, the "Site").

1.2
The seller is the company Eredi Di Bruno Jovon Di Marco Jovon & C. S.A.S.  (hereinafter “Eredi Jovon”) with registered office in Venice, San Marco 5325, C.F.  and P.I.  03061960278 (REA number: VE-280568).

1.3
These General Conditions may be modified at any time.  The version of the General Conditions published at the time of conclusion of the Contract will prevail between the Parties.  Eredi Jovon cannot under any circumstances be considered bound to conditions sent by the Customer or in any case different from these.  Prices, Products on the Site and their characteristics are subject to change without notice.

1.4
The languages available to conclude the contract with the seller are Italian and English. In the event of inconsistencies, discrepancies or differences of interpretation between the Italian and English versions, the Italian version will prevail.

1.5
By ticking the "I accept the terms and conditions" box that appears during the online purchase procedure, the buyer declares to have read and accepted all the contractual conditions listed below. In the absence of acceptance of the General Conditions, it will not be allowed to complete the online purchase procedure.

1.6
By accepting the general conditions and therefore the issue of the purchase order, the buyer expresses his/her consent that all communications may be sent and received by email.

1.7
The buyer will be responsible for the correctness of the email address and all information entered when placing the order or opening his account.

1.8
These General Conditions of Sale are published on the Website in order to allow knowledge, storage and reproduction by the Customer in accordance with current legislation.  Customers are required to carefully read the General Conditions, available on the Site, in order to become aware of them, memorize them and reproduce them.  The buyer is committed, once the purchase procedure is concluded, to printing and keeping these General Conditions.

1.9
For any questions regarding the General Conditions, for any complaints or communications of withdrawal, cancellations of the order, returns and refunds please contact:

 Eredi Di Bruno Jovon Di Marco Jovon & C.    S.A.S.

 VAT number IT03061960278

 San Marco 5325

 30124, Venice (VE), Italy

 Email: info@eredijovon.com

 Certified e-mail: eredijovon@legalmail.it

 Telephone number: +39-041-5228979

ARTICLE 2. ISSUANCE OF THE ORDER AND CONDITIONS OF PURCHASE.

2.1
To make the purchase, registration is recommended but not necessary, as the Customer can proceed with the purchase even without registration.  To register, the Customer must enter all the "mandatory" data and choose a password to place the order.  Registration and purchase (without registration) involve the Customer subscribing to the Eredi Jovon newsletter, from which the Customer can unsubscribe according to the instructions contained in the emails sent to him/her.

2.2
The Site displays the essential characteristics and price of each Product.  The information on the Site does not constitute an offer by Eredi Jovon.

2.3
Before sending an order proposal via the Site, the Customer is required to carefully read all of the instructions provided during the purchase procedure (also regarding delivery costs, any customs charges and the Privacy Policy) as well as these General Conditions.

2.4
To purchase the Products, the Customer must (i) place the selected Products in the "Cart" by clicking on the appropriate button, (ii) fill out the order proposal by indicating the shipping address and shipping method, (iii) select the payment method, (iv) accept the General Conditions and (v) deliver the order proposal to Eredi Jovon via the Site.

2.5
Before forwarding the order to the Customer, the Customer will be offered the opportunity to check the items chosen, the data entered and verify the total price.

2.6
The correct receipt of the order will be confirmed by Eredi Jovon via email and sent to the email address provided by the buyer.  The confirmation message will contain the company name of Eredi Jovon, the address of the registered office, the reference code of the item(s) purchased, and the price of the purchased item(s) and delivery costs, if due.
The confirmation message will contain the order identification number which will be used in any subsequent communication with Eredi Jovon.
The Customer is required to check the confirmation email and verify that the information is correct and complete.  After receiving the Order Confirmation, the order can no longer be canceled or modified, except for the case of a withdrawal, if applicable.

The buyer’s right to a withdrawal and the methods and times for returning the goods in case of exercise of the right of withdrawal are explained in the art. 6 of these General Conditions.

2.7
The contracts of sale are considered concluded between the Parties when the buyer receives confirmation of purchase.

2.8
The validity of the contract is subject to the availability of the Product. In the case that the Product is not, even temporarily, available, Eredi Jovon, within the deadline of 10 working days from receiving the order, will inform the buyer via the email address indicated and will subsequently proceed to re-credit any sums paid or to propose an alternative product and/or replacement or a waiting period.

2.9
Eredi Jovon reserves the right not to accept the Order Proposal issued by a Customer in the following instances:
a) existence of a legal dispute between Eredi Jovon and the Customer relating to a previous order;
b) if the Customer has committed violations of the
General Conditions of Sale or has not fulfilled its obligations;
c) if the Customer has been involved in or is suspected of illegal or fraudulent activities.
In the aforementioned cases Eredi Jovon will communicate to the Customer by email within 15 days starting from the date of actual receipt of the Order Proposal, the possible cancellation of orders received. In this case, no Order Proposal must be considered accepted by Eredi Jovon and no contract must be considered concluded between Eredi Jovon and the Customer.

2.10
The Orders will be kept by Eredi Jovon, according to the methods and in compliance with the
provisions of EU Regulation 2016/679 (GDPR) and the Customer may request a copy by sending communication via e-mail to info@eredijovon.com.

ARTICLE 3. DELIVERY

3.1
The item(s) purchased will be delivered to the buyer at the address indicated in the proposal of order. Eredi Jovon will not be responsible for any shipping problems that may occur as a result of an incomplete or incorrect address provided by the Customer. The date of delivery indicated in the order confirmation must be considered purely indicative. Except in the event of a force majeure or unforeseeable circumstances, deliveries will be carried out a maximum of 30 days from the date indicated in the Confirmation of Order. In the case of non-delivery within the aforementioned deadline, the Customer may terminate the contract.

3.2
Eredi Jovon may, at its discretion, may decide to make multiple partial deliveries. In this case, the buyer will not be burdened with any additional costs other than those foreseen for a single delivery.

3.3
For security reasons, Eredi Jovon will not process any orders addressed to a post office box nor will it accept any order where it is not possible to identify the physical recipient of the order and his/her address.

3.4
At the time of delivery the Customer is required to verify the integrity, quantity and
type of Products delivered, to confirm whether they comply with those ordered and in terms of type and quantity outlined in the Contract, the fact that the packaging is intact and undamaged, by carrying out the diligent check and by alerting the courier
immediately with a note on the delivery note in the case that there are any defects or discrepancies with the order. It is understood that, accepted the product without any dispute, the buyer will no longer be able to raise any dispute with Eredi Jovon Bruno relating to what could and should have been verified by the buyer himself/herself at the time of delivery.

3.5
In the event that the Customer chooses to make the payment by bank transfer, the products will be shipped only after the amount has actually been credited to the current account of Eredi Jovon.

ARTICLE 4. PRICES AND DELIVERY COSTS

4.1
All prices of the Products contained in the online catalog are expressed in euros (and upon request in US Dollars and British Pounds). For purchase in the aforementioned currencies, an exchange rate calculated by applying the average of the last 6 months is proposed by
Eredi Jovon and is irrevocably accepted at the time of purchase. All prices must be considered inclusive of VAT or equivalent European tax for resident customers within the EU area. All prices must be considered VAT exempt for customers residing outside of the EU area.
However, these prices do not include delivery costs, indicated afterwards and/or separately during the order issuing procedure. The Products are sold at the prices listed at the time that the order is issued.
The total amount of the price shown in the Cart includes any shipping costs, which will be indicated separately. In any case, Eredi Jovon will ask for the consent of the Customer for any further additional costs.

4.2
Delivery costs may vary, however, these variations will not apply to orders purchased before the updates of the changes to delivery costs on the Website.

4.3
Any taxes, duties, tolls and other charges required by the laws of the State from where the Products are located and shipped will be entirely incurred and paid by the buyer upon delivery of the Products, directly to the tax authorities, customs authorities, competent authorities, or to the courier in charge of delivery.

4.4
Eredi Jovon Bruno ships the Products exclusively to the States indicated in the Online Shop, except for any agreement reached between the parties.


4.5
The Products will be delivered by couriers to the address indicated in the proposal to the buyer or to persons authorized by the buyer; the person to whom the Products are delivered must provide a signature to certify the delivery. Couriers will not deliver the Products by placing them in letterboxes or other similar places.

4.6
Upon shipment of the purchased Product, the Customer will receive an email to the address indicated in the Order Proposal. This email will contain a shipment tracking code and an exclusive link that will allow delivery tracking in real-time .
Eredi Jovon Customer Service will provide assistance for any potential problem related to the delivery. The Customer can contact Eredi Jovon Customer Service via email at: info@eredijovon.com.

4.7
In the event of an unjustified refusal to receive the Product, Eredi Jovon will have the right to terminate the Contract, excluding compensation for potential damages suffered (including any shipping expenses and re-importation and storage of the Products).

ARTICLE 5. PAYMENT METHODS

5.1
The buyer will be able to pay the Price and the contribution towards the costs of shipping referred to in the art. 4 via PayPal, cash on delivery (only in Italy), bank transfer in advance, credit card or other means of payment that may be indicated by Eredi Jovon in the Online Shop. Eredi Jovon reserves the right to vary, at any time, the means of payment that can be used by the buyer, provided that the ones that are selected by the buyer in the online shop are valid at the time of placement of the order of the items.

5.2
For the purposes of payment by credit card, the Customer confirms and guarantees that he/she is the cardholder of the credit card used for the purchase and that all relevant data that relates to it entered during the purchase phase is correct, such as: the number, the expiry date and, if necessary, the security code.

5.3
In the case of payment by bank transfer in advance, the buyer must make the bank transfer using the bank details indicated in the Online Shop, inserting the order number communicated by Eredi Jovon indicated in the purchase confirmation into the payment reference section.

5.4
When choosing to pay by PayPal or credit card, at the time of issuance
of the order by the buyer, the web session will be transferred to the secure website of PayPal. On this website, the buyer will be able to complete the payment of the Price and the contribution for shipping costs referred to in the art. 3 by using a PayPal account and agreeing to PayPal’s Terms of Service signed then or previously by the buyer.

5.5
If requested by the buyer at the time that the order is issued, Eredi Jovon Bruno will send the buyer a regular invoice via email. For the purpose of issuing the invoice, the information provided by the buyer will prevail. No change in invoice will be possible after its issuance by Eredi Jovon.

5.6
The information received by Eredi Jovon pertaining to this article will be used exclusively to complete the procedures relating to the sale of the Products and for refund procedures in the case of an exercise of the right to withdrawal referred to in the art. 6 by the buyer.

ARTICLE 6. RIGHT OF WITHDRAWAL, NON-CONFORMING PRODUCTS

6.1
Pursuant to Articles 52 et seq. of the Consumer Code, the Customer who qualifies as a "consumer" under the Consumer Code, i.e., who purchases the Products for purposes other than his/her own entrepreneurial, commercial, handicraft or professional activity, if any, has the right to withdraw from the Contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from the day of delivery of the Products.

6.2
The Right of Withdrawal may be exercised by sending, within the period indicated in paragraph above, a written notice to the headquarters of Eredi Jovon, by registered mail with return receipt, anticipated by email, to the address in art. 1, containing:
•    the willingness to make a request for a withdrawal;
•    the indication of the Order that gave rise to the purchase contract from which it is intended to withdraw. The notice may also be sent, within the same period, by telegram, email, provided that it is confirmed by certified mail with acknowledgment of receipt within the next forty-eight hours. The certified mail shall be deemed to have been sent on time with regards to the date of the postmark of the accepting office.

6.3
In case the purchaser decides to exercise their right of withdrawal referred to in this article:
1.    the purchaser agrees to return the Products within 20 business days from the date of the forwarding of the registered letter referred to above;
2.    all costs associated with the return of the Products will be incurred entirely by the purchaser including any taxes, fees, duties and other customs charges pertaining to the return of the product itself;
3.    Eredi Jovon is committed to reimbursing the Price (net of any costs incurred under point 2) as soon as possible, and in any case within 14 days from the date of receipt of the registered letter referred to above provided that: a) the Products have been returned and are intact and can be resold; b) the Products have not been used;
4.    Eredi Jovon will inform the purchaser of the method of reimbursement of the amount which will be completed, if possible, using the same method of payment used for the purchase and may, if necessary, request bank details (IBAN and account holder) from the Customer for the purposes of reimbursement.

6.4
Pursuant to Article 59 letter C) of the Consumer Code, the right of withdrawal cannot be exercised by the Customer for Personalized Products. Personalized Products include, but are not limited to: cameos/seal rings/jewels personalized with special images such as images provided by the customer; any jewelry adapted to the size requested by the customer; any jewelry that has been modified from the original displayed on the site at the express request of the customer.
A deposit, non-refundable, may be required for the purchase of customized products, and customization work will begin only after actual receipt of the deposit.

6.5
The right of withdrawal also does not apply to small orders (Article 47, paragraph 2, Consumer Code). For this purpose, the limit provided is 50 euros (shipping costs not included), in accordance with EU regulations.

6.6
If the Buyer exercises the right of withdrawal in a manner that does not comply with the terms and conditions set forth in this Article, he/she shall not be entitled to a refund of the Price.

ARTICLE 7. QUALITY ASSURANCE

7.1
All Products sold online by Eredi Jovon are primarily handmade. Small variations in shape, size, color with respect to the images on the site, small imperfections, and different details are unavoidable and are typical of handcrafting and working of cameos, corals and goldsmithing in general.
Notwithstanding the above and without prejudice to the right of withdrawal, the purchaser who is also a consumer shall also have the right to resort to legal remedies provided by Part IV Title III Chapter I (from Article 128 to 135) of Legislative Decree September 6, 2005 No. 206 ("Consumer Code") relating to any lack of conformity of the Product existing at the time of delivery.

7.2
Any defects of conformity must be reported to Eredi Jovon within the terms and in the manner set forth in Article 132 of the Consumer Code at the addresses indicated in Section 1.9.

7.3
For non-consumer customers, in the case of conformity defects, excluding that which was previously stated regarding the small irregularities due to manual production as opposed to mass produced products, the warranties and compensation provided by Italian law apply.

ARTICLE 8. USE

8.1
Products purchased online must always be used in accordance with the instructions in the order confirmation outlined in Section 2.3.

8.2
Eredi Jovon assumes no liability for claims attributable to unintended use of the Product or improper handling of the Product.

ARTICLE 9. PRIVACY

9.1
Eredi di Jovon Bruno snc declares and guarantees that the Purchaser's personal data will be processed in accordance with the provisions of EU Regulation 679/2016 on the protection of personal data and in such a way as to ensure their confidentiality and security. Details regarding the methods of data processing are indicated in the Privacy Policy.

9.2
In the case of commissioned work with images produced by the buyer/orderer, in any case that minors or incapacitated subjects are portrayed, the Client:
•    DECLARES that he/she is the legitimate owner of the image and/or, in the case of photographs of minors, that he/she exercises parental responsibility over the minors portrayed;
•    AUTHORIZES Eredi Jovon to the use of those images for the purpose of carrying out the aforementioned order and to the publication of the same on the website of Eredi Jovon (www.eredijovon.com), and on its Facebook, Twitter, Pinterest, Tripadvisor (and on any new platforms/web pages) related to Eredi Jovon for illustrative and promotional purposes;
•    CONFIRMS that he/she has nothing to claim by reason of the foregoing and irrevocably waives any right, action or claim arising out of the foregoing authorized.

ARTICLE 10. AUTHENTICITY AND INTELLECTUAL PROPERTY

10.1
Eredi Jovon guarantees the authenticity and high quality of all Products offered for sale on the Web Site.

10.2
The "Eredi Jovon" brand, as well as all figurative and non-figurative trademarks, and more generally all other trademarks, illustrations, images and logos present on "Eredi Jovon" products, their accessories and/or packaging, whether registered or not, are and remain the exclusive property of the Company Eredi Di Bruno Jovon Di Marco Jovon & C. S.A.S. The total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for whatever reason and on whatever medium, are absolutely prohibited.

10.3
All intellectual property rights related to the Online Shop (including its contents) are exclusive property of Eredi Jovon and the legitimate producers of the individual products. The Online Shop and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked and/or used for any purpose whatsoever without the prior written consent of Eredi Jovon and/or the relevant manufacturers.

ARTICLE 11. APPLICABLE LAW AND PLACE OF JURISDICTION

11.1
These General Conditions and the Contracts of Sale and Purchase concluded on the website www.eredijovon.com are governed by Italian law and in particular the Civil Code by Legislative Decree no. 70/2003 on electronic commerce as well as, with reference only to consumer Customers, as defined above in art. 1, Legislative Decree no. 206/2005 (Consumer Code), and must be interpreted according to Italian law.

11.2
For any dispute that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements, the Court of Venice shall have exclusive jurisdiction, unless otherwise provided by law.
In case of inconsistencies, discrepancies or differences in interpretation between the Italian and English versions, the Italian language versi