GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions of Use ("Terms") govern the supply and sale of products in the Website www.bysimon.it (also referred to as the “Website”). Before placing the Order, you must read carefully these Terms. By placing the Order, you are agreeing to all of the Terms of Service and to all which is indicated in the Order Form. Once completed the purchase online, you accept and should print and keep the following Terms as well as the Order Form.
The main object of these Terms is to establish the conditions of sale of products online through the Website www.bysimon.it. Considering the great number of products in the catalogue, their main features and prices (as well as any eventual extra cost) are clearly indicated in the website.
Products are sold directly by the company Bysimon S.p.A, Centro Orafo il Tarì - modulo 125, 81025 Marcianise, Caserta, Italia (also referred to as Bysimon S.P.A. or Seller). Bysimon offers products of jewellery, watches, silverware and other related and/or similar accessories in silver and metal to all users that have the chance to purchase online. The Seller owns exclusively and offers a series of Services, among which Delivery Service, through the Website www.bysimon.it (also referred as Website).
For any request and/or information you have the chance to contact the staff of Bysimon S.P.A.
- by e-mail at the following e-mail address: email@example.com
- by mail at the following physical address: Centro Orafo il Tarì - modulo 125, 81025 Marcianise, Caserta, Italia.
3 GENERAL TERMS AND CONDITIONS FOR ONLINE SALE AT WWW.BYSIMON.IT
The following General Terms and Conditions of Use ("Terms") are made in respect of the Italian Law Codice del Consumo (D. Lgs. n. 206/2005) and according to the e-commerce rules (D. Lgs. n. 70/2003). These Terms are applied exclusively to the online sale of the Products at www.bysimon.it and are applied to the Services as indicated in the following Conditions and in the Website. In the event of changes of the General Terms and Conditions of Sale, the Purchase Order, as specified also afterwards in these Terms, will refer to the General Terms and Conditions of Use indicated online by the time the Order was placed the customer.
The following Terms rule the placing and the processing of all Orders of products sold through the Website www.bysimon.it.
While purchasing the products online, all customers shall submit to the Website, insert their data to the Order Form online and accept the following Terms.
The Website www.bysimon.it is aimed at people of full age, according to the Law of their countries. People under the required age, 18 in Italy, need to obtain the approval of their parents or legal guardians before purchasing at www.bysimon.it.
Costumers shall not use fake names or nicknames while submitting and concluding the Order online and also in the relevant communications. The Seller reserves the right to prosecute any violation or abuse in the interest and for the protection of all the consumers.
Moreover, by accepting this Conditions of Sale, you decline the Seller from any liability as regards any provided tax documentation, which can be wrong due to mistakes of the given data. Customers are the only responsible of the correct data fulfilment while purchasing online.
By accepting this Conditions of Sale, you decline the Seller from any liability as regards errors or delays in the Internet access of the Customers during the submission of their data in the Order placement. Bysimon S.P.A. is not liable in case of problems, errors in the e-mails notifications or any other issues that can be caused by the lack of access to the Internet.
By accepting this Conditions of Sale, you also decline the Seller from any liability related to any wrong or incomplete information in the e-mail address provided and confirmed during the Order placement.
4 OFFER TO THE PUBLIC AND E-COMMERCE PURCHASE CONTRACT
The Prices quoted online of all Products are offered to the public as expressly agreed in these Terms and Conditions. This offer to the public shall be applied only to the purchases made at www.bysimon.it. All purchases contracts made online in this Website (also referred as “E-purchase contract” or simply “Contract”) are stipulated with Bysimon S.P.A.
This E-purchase Contract is the distance contract agreed by the customers that purchase online the physical Products sold by the Seller.
In order to conclude the Contract, which can be made for one or more Products, you shall complete the Order Form (also referred as Order) and send it electronically to the Seller, according to these aspects.
Although Bysimon S.P.A. always takes measures and makes use of technological innovations to assure that the pictures shown in the Website are compliant and clear representations of the original Products, some variations can be possible and are due to the resolution of colours of the screen of the devices used by Customers. Consequently, the Seller is not liable for an eventual incompliance of the graphic representations of the Products shown online, if due to the previously indicated technical reasons. We remind you that these pictures are purely illustrative.
5 ORDER FULFILLMENT AND CONCLUSION OF THE CONTRACT
By placing the Order through the Website, you accept these Conditions of Sale and you accept to always respect them in any relationships with the Seller.
Once placed the order, the Seller shall process it and send per e-mail the “Order Confirmation” to the e-mail address provided by the Customer. The Order Confirmation summarizes the chosen articles and services with their prices (including the shipping cost and all the other costs of any eventual services requested by the Customer), the shipping address, the “Order Number”, the General Terms and the eventual specific Conditions that shall be applied to certain particular orders.
BySimon S.P.A. reminds the Customer to verify carefully the accuracy of the data inserted in the Order Confirmation. The Order Number, generated automatically, shall be used by the Customer in every communication with the Seller. It may happen that rarely the articles shown are no longer available and, in such cases, Bysimon S.P.A. shall promptly inform the Customer.
The seller shall not to proceed with the Order in case it does not appear as genuine or in case it is incomplete, incorrect or if some articles are unavailable. In such cases, you will be informed per e-mail that the Contract is not concluded and that the Seller will not proceed with the Order, indicating the exact reasons. In these cases, the paid amount will be refunded through the payment method used.
In case the article shown online are no longer available after the placement of the Order, the Seller will inform you as soon as possible, in all cases within 30 working days from the day after the Order was made. In such cases, the paid amount will be refunded through the payment method used.
Once verified that the Order Form was completed correctly, the Seller shall send you the e-mail with the tracking of the shipment: that is when the Contract is concluded.
The Seller commits itself to deliver the ordered products within 30 days from the conclusion of the Contract.
The language shown and used in the Website is Italian and the Italian Law is the one that shall be applied to this Contract.
Bysimon S.P.A. has the right to reject orders made by Customers with whom a legal case is open regarding a previous Order. This is also valid in all cases in which the Seller considers the Customer unsuitable for the Order Confirmation. For instance, in case of previous violation of the Contract Terms or in case of any other reasonable cause, especially in case of fraudulent activities of any kind.
6 SELLING PRICES
The prices of the articles and the shipping costs indicated in the Website and in the Order include the Vat fees and are expressed in Euro. All articles are shipped from Italy. The prices and the shipping costs indicated online, if not specified differently, do not include eventual extra costs such as custom duties with their fees. These amounts cannot be previously calculated in case of shipments destined outside EU. In case of eventual extra costs, as previously indicated, Customers are informed in the Order placement or while the orders are reviewed. Therefore, these costs are at Customer’s charge and will be due directly with the delivery of the goods, according to the indications shown in the Order Confirmation.
If the goods are refused by the Customer before the delivery, the Seller shall then proceed with the refund of the amount by detracting the shipment and return shipment fees, as well as the custom charges indicated. The prices of the articles and the shipping costs indicated in the Website include the Vat fees. The “Delivery Fees” and all the costs related to the Further Services offered by the Seller, as indicated in the next steps of these General Terms and Conditions, are at Customer’s charge, as clearly indicated in the Order. Products are sold with the price shown in the Website when the Order is placed, with the exception of eventual promotions or price changes added afterwards on an exceptional basis.
7 PAYMENT METHODS
Please, find below all the possible payment methods that can be used if you place an Order at www.bysimon.it
Credit Cards and prepaid cards
Customers can pay by credit cards, though Paypal, and Bank transfer. The payment method Cash on Delivery is allowed only in Italy. The payment procedure are secured by a safe server that operates according to the SSL (Secure Socket Layer).
For all orders placed online we accept both payments with credit cards and payments with prepaid cards, such as Postepay, without requesting extra costs neither on the product nor on the shipment. While placing the order, the Customer shall be the owner of a valid Credit Card and the name inserted in the invoice address shall correspond to the one of the Credit Card owner. This is an essential condition in order to proceed with the Order.
As the Order is placed, together with the Order Confirmation, the bank will only capture the relevant amount of the Order. This amount will be charged immediately as the payment is concluded through the platform online.
Bysimon will never find itself in the position to know any information in connection with your credit card, such as full credit card number or expiry date. All required information are forwarded, by cryptographic protocol, directly to the Bank or Payment Institution (such as Paypal). The seller will not store any of the Credit Cards data in any computer database.
For all Paypal account owners, Bysimon offers the chance to complete the payment by using directly the e-mail and password used to submit at www.paypal.com.
Cash on Delivery
Only in Italy it is possible to pay “Cash on delivery” directly to the courier. In such cases, we always suggest to have the exact cash amount available just before the delivery. The Seller cannot guarantee that all the couriers have the chance to give change in cash. The couriers shall not request in any way tips or more than the correct amount requested in the total of the Order.
You have the chance to pay the order also by bank transfer. The amount will be charged directly to your bank account and the shipment will start after the payment is received by the Seller.
The payment of the Order shall be made as soon as the Order is placed in the website and in any case within 7 days from the date in which Bysimon receives the Order, otherwise it will be automatically cancelled by the Seller.
8 SHIPMENT AND DELIVERY METHODS
The purchased articles will be safely dispatched by the courier indicated by the Seller directly to the shipping address inserted by the Customer in the Order. As soon as you receive the package at home, we kindly ask you to verify immediately the integrity of the parcel. In case of any damages, you shall report these to the courier and refuse the package and you shall always inform the Seller about this matter by contacting the customer care per e-mail at firstname.lastname@example.org.
All shipments to Italy are ensured and made with express courier within 24/72 hours, with signature required at the delivery, and we also ship worldwide with express courier. As soon as the Order is shipped, an e-mail with the tracking number is sent to the Customer. The tracking number shall be used to check the shipment updates and to find out the exact delivery date.
9 RIGHT OF WITHDRAWAL
All customers have the Right of Withdrawal for the Contract executed with the Seller, without giving any reason, within 14 days from the day on which the Customer, or a third party other than the carrier and indicated by the Customer, acquires physical possession of the products. In case the delivery of the purchased products is carried out through more than one shipment, the above term of 14 days starts from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last good.
We remind you, also according to the Consumer Code, that the Right of Withdrawal is excluded in case the products have been customized, also with simple engraving, or in case the articles have been especially produced for a specific Customer, for a special request made as the Order is placed.
Customers have the chance to make use of their Right of Withdrawal for all or part of the purchased articles, according to their needs. Customers that want to make use of the Right of Withdrawal shall inform the Seller by contacting us per e-mail.
The right of withdrawl undergoes these conditions:
- The articles have to be returned together with their entire and full parts, also with special kits if requested;
- The returned articles shall be brand new, unused and they cannot be washed, worn or damaged;
- The articles have to be sent back together with their specific original boxes
- The products have to be returned to the Seller in a single package;
In case the Consumer exercises the Right of Withdrawal, the ware shall be returned within 14 days from the date in which Bysimon S.P.A. was informed about the will to withdraw from the Contract.
The return request shall be made online through the Seller, within 14 days from the receipt of the ware.The articles to be sent back shall be inserted in a well packaged box or in a sealed envelope. The ware shall be returned in its original box or packaging, together with all their eventual documentation and labels. If all the previously indicated aspects are respected, the Seller will refund the amount related to the returned articles within 30 days from the receipt of the ware. As indicated by the applicable law, Bysimon S.P.A. shall refund the amount due only after all the goods are correctly received and not until their return in proper conditions is clearly proved.
According to the article 59 of the Consumer Code, the Right of Withdrawal, as regards distance contracts, such as a contract made with an order placed through an online platform, the right of withdrawal shall not be applied to goods made to the consumer's specifications or which are clearly personalized or tailor-made.
In case the terms of the Right of Withdrawal are well respected, the Seller shall refund the paid amount within 30 days from the decision of the Consumer to exercise the Right of Withdrawal, as long as the returned products have already been sent back and checked by the staff of the Seller.
The Seller shall refund the paid amount through the same payment method used by the Customer, unless it is not clearly requested and approved by the Seller that another different payment method could be used instead. In case a Return request is made, the shipping costs would be at customer’s charge. If you choose a more expensive shipping method, all the extra cost shall not be refunded. All the other expenses will be refunded as indicated, in case of Right of Withdrawal.
LEGAL WARRANTY OF CONFORMITY
All products sold by Bysimon S.P.A. are covered by legal warranty of conformity, as stated by the Italian Law articles 128-135 of the Consumer Code (Legal Warranty).
10 WHEN IS APPLIED
The Seller is responsible for the consumer in case of any defected, not-compliant articles for all the products purchased in the Website www.bysimon.it within two years from the delivery of the package. The issue of the product shall be declared to the Seller within two months from the date in which it is discovered, otherwise the warranty terms would expire.
Therefore, the warranty can be applied only if these terms are well respected:
- The defect shall be within 24 months from the delivery date of the article;
- The Customer shall inform the Seller about the issue occurred within two months from the date in which any defect was found, unless this does not go against the Law of the country in which the Consumer comes from;
In order to make use of the Legal Warranty, you shall firstly demonstrate the item purchase date. For this reason, we suggest to keep the warranty form or any other document (such as the payment proof) that shows the purchase date.
The lack of conformity occurs when:
- the purchased ware does not have the same functionalities of other similar articles;
- it is not compliant to the description made by the Seller and does not have the same quality of the goods shown by the Seller;
- it does not have the same features indicated in the relevant page shown online or in its labels/advertisements;
- it cannot be used as shown by the Seller to the consumer.
Therefore, the Legal Warranty does not include any other damages or defects caused by accidents or by a wrong use or abuse of the products. As regards watches, accessories such as straps or watch cases are not covered by warranty terms.
For any further requests, please do not hesitate to contact the staff of Bysimon S.P.A. by sending an e-mail to email@example.com or contact us through our social networks channels.
Or you can send written communications to this address: Centro Orafo il Tarì - modulo 125, 81025 Marcianise, Caserta, Italia.
12 COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges and agrees that all the communications, notifications, documentations related to the purchase of the Products are sent to the e-mail address provided with the submission to the Website. You can find online and download all necessary information required, on Bysimon Website.
GOVERNING LAW, DISPUTE RESOLUTIONS, COMPETENT COURTS
These General Terms and Conditions are ruled by the Italian Law and shall be considered according to it. Consequently, the interpretation and the fulfilment of these Terms are regulated according to the Italian Law. All eventual disputes shall be resolved exclusively under the jurisdiction of the Italian Law. Particularly, the parts will resolve the dispute only under the jurisdiction of the Court of Naples.