The official website of Ariia Fine Jewelry is www.ariiafinejewelry.com, which is directly managed by the company. By using the Platform, you express your consent to and acceptance of these Terms of Use. If you do not accept these Terms of Use, you are not authorized to continue using the Platform. Occasionally, we may make changes to these Terms of Use, so please check them regularly to stay informed of updates. The most recent version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use will take effect and govern the use of the Platform and your relationship with us immediately from the date of publication. If you continue to use the Platform, you agree to be bound by the terms of such updates and changes.

Seller details: Ariia Fine Jewelry.

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Art. 1 Scope of application

1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Website.

1.2 If the Website allows you to enter your tax code (codice fiscale) when making a purchase, this implies that you are acting as a Consumer pursuant to art. 3, paragraph I, letter a) of the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005). Please note that a Consumer is a natural person who is acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity that may be carried out. If, instead, it is possible to enter a VAT number (your own or that of a legal entity), this implies a purchase as a “Professional”, pursuant to art. 3, paragraph I, letter c) of the Italian Consumer Code. A Professional is a natural or legal person who is acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than as a Professional will be described in the following sections of this document.

1.3 The terms indicated are to be understood as business days, thus excluding Saturdays, Sundays and public holidays. The images and descriptions on the Website are for illustrative purposes only. Colors may differ from the actual ones due to the settings of the IT systems or computers used by you for their display.

1.4 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be effective from the time of their publication on the Website. You are therefore invited to regularly access the Website and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Website through links, banners or other hypertext links.

1.7 Before carrying out commercial transactions with such parties, you must verify their conditions of sale.

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.

1.9 The Seller does not carry out any control and/or monitoring of the websites accessible via such links. The Seller is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or breaches of law by them.

1.10 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Website, including during the purchase procedure.

1.11 All elements of the Website are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is forbidden to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Website.

1.12 Under no circumstances may the Seller be held liable towards you or third parties for any indirect, incidental, special or consequential damage. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Website or the inability to use it. The Seller cannot guarantee or represent that: (i) the Website is free from viruses or programs that may damage data; (ii) the information contained on the Website is accurate, complete and up to date.

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Art. 2 Purchases on the Website

2.1 To make purchases on the Website, you must follow the procedure available on the Website itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.

2.2 You undertake to promptly inform the Seller if you suspect or become aware of any improper use or improper disclosure of any information you have entered on the Website.

2.3 You guarantee that the personal information provided is complete and truthful and you undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the breach of this undertaking. You undertake to promptly inform the Seller if you suspect or become aware of any improper use or improper disclosure of the access credentials to the Website.

2.4 The Seller reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any legal provision.

2.5 To place orders on the Website, you must read and approve these General Terms and Conditions of Sale by ticking the appropriate box in the pages of the purchase procedure. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Website.

2.6 On the Website: (i) alcoholic products are not sold; (ii) adult products are not sold; (iii) food products are not sold.

2.7 After the purchase, you will receive an order confirmation email.

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Art. 3 Availability of Products

3.1 The Products offered on the Website are in limited quantities. Therefore, it may happen, also due to the possibility that several users purchase the same Product simultaneously, that the Product ordered is no longer available after the purchase order has been transmitted.

3.2 Information on Product availability is provided on the Website.

3.3 You will be informed if the Product ordered is unavailable. In this case, you will be entitled to terminate the purchase contract. However, please note that, before you request termination of the contract, the Seller reserves the right to implement the following measures:
– If restocking is possible, an extension of the delivery time offered by the Seller, with an indication of the new delivery term.
– The Seller will offer a discount voucher to be used for purchases on the Website. The amount of the discount voucher, the period within which it can be used and any limitations will be communicated from time to time by the Seller.

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Art. 4 Prices

4.1 The prices on the Website include VAT.

4.2 The Seller reserves the right to change the prices of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Website at the time the order is placed and that any subsequent changes (increases or decreases) will not be taken into account after the order has been transmitted.

4.3 Shipping costs for the Products are at your expense for orders equal to or below a specific amount (from time to time indicated on the Website); for amounts above such threshold, shipping is free.

4.4 The Seller will ship the Products only after receiving confirmation of payment authorization or confirmation that the Total Amount Due has been credited. Ownership of the Products will be transferred to you at the time of shipment, understood as the time the Product is delivered to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and other than the carrier, physically take possession of the Products.

4.6 The purchase contract is subject to the resolutive condition of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

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Art. 5 Methods of payment

5.1 This article describes the payment methods available on the Website.

5.2 On the Website you can purchase via payment cards. The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the issuer of the payment card you used has authorized the charge. In application of Directive (EU) 2015/2366 on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase procedure by satisfying the authentication criteria required by the payment institution in charge of managing the online payment operation. The authentication criteria concern the user’s identity (to satisfy this criterion, the user must be registered on the Website at the time of purchase) and the simultaneous knowledge of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Website. The confidential data of the payment card (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Website, the data of your payment card used to pay for the Products.
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5.3 It is not possible to purchase via cash on delivery on the Website, unless otherwise agreed with the Seller.

5.4 If the value of the discount code is lower than the order total, the remaining amount can be paid using the payment methods available on the Website. Each discount code may be used for a single purchase only. Under no circumstances may discount vouchers be converted into cash.

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Art. 6 Delivery of Products

6.1 The delivery obligation is fulfilled by transferring to you the material availability or, in any case, control of the Product.

6.2 Product delivery time: please refer to the “Shipping & Returns” page.

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Art. 7 Right of withdrawal

7.1 Users are invited to read this article with particular attention, as it governs the right of withdrawal.

7.2 The right of withdrawal is the Consumer’s right to terminate the purchase contract without being required to provide any reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.
The Website sells goods made to measure or clearly personalized. If you act as a Consumer, the following rules on the right of withdrawal do not apply by specific provision of law. In fact, otherwise the Seller would be unable to resell a Product made specifically for you.

7.3 If you qualify as a Consumer (and provided that the exceptions in this regard do not apply), you have the right to withdraw from the purchase contract for the Product without having to provide any reason and without having to bear costs other than those provided for in this article within 24 hours from payment (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you may write to the Seller at the contacts indicated in the Preamble, or use the contact form that may be available on the Website. You will have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller’s registered office, or to a different address communicated by the Seller.

7.4 If withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction.

7.5 In light of the above, the Seller wishes to point out that the costs of returning the Product will be at your expense and under your responsibility.

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Art. 8 Legal Warranty of Conformity

8.1 The Legal Warranty of Conformity is reserved for Consumers. It therefore applies only to users who have made the purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity that may be carried out.

8.2 The Seller is not liable to the Consumer for any lack of conformity of the Product.

8.3 The Seller is not liable in the event of damage of any kind resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from force majeure or unforeseeable circumstances.

8.4 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by arts. 1490 et seq. of the Italian Civil Code; in particular, the period for notifying any defects is 8 days from discovery, and the action is time-barred 1 year after delivery.

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Art. 9 Manufacturer’s Warranty

The Manufacturer’s Warranty is an additional warranty compared to the Legal Warranty of Conformity possibly provided by the Seller on the Products. Unless otherwise indicated on the Website, the Products sold on the Website are not covered by the Manufacturer’s Warranty. In any event, you may exercise your rights under the Legal Warranty of Conformity governed by the previous article.

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Art. 10 Applicable law and competent court; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Website are governed by Italian law.

10.2 Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

10.3 Please note that in the case of a Consumer user, any dispute relating to the application, execution and interpretation of this document shall be referred to the court of the place where the user resides or has elected domicile.

10.4 In the case of a Professional user, any dispute relating to the application, execution and interpretation of this document shall instead fall within the exclusive jurisdiction of the Court where the Seller has its registered office, pursuant to the provisions set out in the Preamble.

10.5 The Seller informs the user who qualifies as a Consumer that, if they have submitted a complaint directly to the Seller which it has not been possible to resolve, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations deriving from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute.

10.6 The Seller also informs the user who qualifies as a Consumer that a European platform for online consumer dispute resolution (so-called ODR platform) has been established. The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user may consult the list of ADR bodies, find the link to the website of each of them, and initiate a procedure for the online resolution of the dispute they are involved in.

10.7 In any case, the right of the Consumer user to bring an action before the ordinary court having jurisdiction over the dispute arising from these General Terms and Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relationships through recourse to the procedures set out in Part V, Title II-bis of the Italian Consumer Code.
The user residing in a Member State of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims disputes by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed EUR 5,000.00, excluding interest, rights and costs. The text of the Regulation is available on the website http://www.eur-lex.europa.eu.

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Art. 11 Customer service

11.1 You may request information, send communications, request assistance or submit complaints by contacting the Seller at the contact details indicated in the Preamble.

11.2 The Seller will respond within an indicative period of 7 business days.

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Art. 12 Miscellaneous

12.1 This document governs the relationship between you and the Seller in its entirety. In any case, the rights and obligations provided for by the applicable law from time to time remain unaffected.