GENERAL TERMS OF SALE applied by CONDITO GIOVANNI s.r.l., with registered office in Via Duca lecco de Guevara 1 – 80059 Torre del Greco (NA) – Italy , P. IVA 05014281215 and Registration with the Register of Companies of Naples, REA n. 727725
Part 1: General
1. General Provisions
This document sets forth the general terms and conditions of use of the website and application www.condito.it offering sale of corals, cameos, pearls, turquoise and precious stones, loose or with gold and silver. These conditions prevail over any prior written or verbal agreements between the Parties and may be waived only by subsequent, specific written agreements. Any purchase order addressed to Condito Giovanni s.r.l. implies the acceptance, without reservation, of these general conditions, except in the case of an express waiver granted by Condito Giovanni s.r.l., which must necessarily be issued in writing.Where the Parties have also signed an agreement (“Convention”) for supplies of a periodic nature, these general conditions integrate and apply also to the aforesaid documents, unless they are waived. In case of conflict, the specifically agreed upon Agreements shall prevail over these general conditions. At its discretion and in exceptional cases Condito Giovanni s.r.l. has the right not to make use of these conditions, without this integrating or being interpreted as a waiver of the right to use it at a later date. Please refer to the privacy policy available in the appropriate section of www.condito.it for any other legal information regarding privacy.
2. Customer Data
The Customer who intends to place purchase orders undertakes, in advance, to provide all the necessary information so that Condito Giovanni s.r.l. can fill in the relevant master data sheet
3. Scope of application of the conditions
The use of the application www.condito.it implies the acceptance of the conditions by the Customer. If the Customer does not intend to accept the conditions and/or any other note, legal notice, information published, he/she will not be able to use the application nor the related services. The conditions may be changed at any time. The applicable conditions are those in force on the date of transmission of the purchase order or request for supply of a product. Before using the application, the Customer is required to read the conditions carefully and save them for future reference. The owner reserves the right to vary, at its own discretion, at any time, even after the user’s registration, the graphical interface, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the application, notifying the user of the relevant instructions.
4. Products and Relevant Orders
All products offered by the application www.condito.it are described in detail on the relevant product page (quality, features, relative availability, price, delivery time and charges, ancillary charges etc.). Some errors, inaccuracies or small differences between what is published on the application and the actual product may show up. In addition, any product images are only representative and do not constitute a contractual element. Purchases of one or more products through the application are allowed to professional customers. The order submitted by the customer will count as a purchase proposal, which will be subject to confirmation and/or acceptance by the owner.
Orders for quantities equal to or greater than the following values will be accepted:
100 grams for coral strands, turquoise strands, pearl strands and strands of other precious stones
100 grams for coral, turquoise, pearl and other loose precious stones
100 pieces for cameos and other precious stones
Quantities ordered, which are less than the above minimums, will necessarily result in the Customer being charged shipping costs, which may vary by place of destination. Orders will be considered accepted by Condito Giovanni s.r.l., including by commencement of execution pursuant to and in accordance with art. 1327 of the Italian Civil Code. In particular, the order will be deemed accepted if the Customer does not receive, within the term of 10 (ten) days, any different indications from Condito Giovanni s.r.l.
5. Modification and cancellation of order.
Any request for modification and / or cancellation of the purchase order will be considered if communicated to Condito Giovanni s.r.l. in writing by e-mail only if the order has not yet been sent. Condito Giovanni s.r.l. reserves the right not to process the order in the event that the Customer defaults on orders previously placed by Condito Giovanni s.r.l.
6. Deliveries
Deliveries are subject to the provisions of the relevant civil regulations. Condito Giovanni s.r.l. bears the costs and takes care of the shipment to the Customer’s domicile, by courier of his choice, against payment of a fee that differs depending on the destination of the shipment. Delivery is considered to have taken place with the making available of the ordered goods at the Customer’s domicile. The risk of perishing and damage to the Products shall be borne by the Customer from the moment of delivery.
7. Delivery times
Condito Giovanni s.r.l. undertakes to deliver the Products to the Customer within 15 working days from the receipt of the order, except in cases of force majeure or other agreement expressly made between the parties in derogation of these conditions. The delivery term may vary in the presence of unforeseen circumstances. Exceeding it does not give rise to the cancellation of the order or the payment of penalties and/or compensation for damages and/or interest. In any case, deliveries may be suspended in cases of non-payment or late payment or force majeure.
8. Unjustified rejection of goods
In case of unjustified refusal of the goods, Condito Giovanni s.r.l. reserves the right to charge the Customer for delivery costs. This clause also applies to orders placed before the entry into force of these terms and conditions of sale, even if placed in a different manner from those specified herein. Condito Giovanni s.r.l. reserves the right to make partial deliveries, in case of shortage of the products chosen by the Customer in stock. The Customer waives the right to claim damages, directly or indirectly, related to the partial performance of Condito Giovanni s.r.l.
9. Price and terms of payment
The price of the goods is that of the official price list of Condito Giovanni s.r.l. in force on the day the order is placed by the Customer. If different prices than those in the price list are applied to individual orders, the agreed prices will prevail, being the only ones applicable in derogation of any other agreement. Any discounts or promotions in progress, will be applied directly to the Customer’s order, during the execution of the same, once verified the existence of the requirements that allow access to the discount and/or promotion. Condito Giovanni s.r.l. reserves the right to change its price list, without any prior notice to Customers.
Under no circumstances may the Customer suspend or delay payment, including if the Customer raises a complaint about the products or prices.
10. Terms and Conditions of Payment
The Customer is obliged to pay the amount related to each order within the payment term indicated on the invoice. Condito Giovanni s.r.l. reserves the right to make the delivery of its products subject to the payment of a deposit or advance payment of the invoice by the Customer who does not offer sufficient financial security and/or has already defaulted on payments. Invoices issued by Condito Giovanni s.r.l. may be paid by check, cash on delivery, bank transfer, or direct debit, unless otherwise agreed. Condito Giovanni s.r.l. disclaims any liability in case of loss or theft of payments sent by mail. Condito Giovanni s.r.l. has the right to operate the offsetting of credits to the Customer with any debts to the same.
11. Conformity and complaints
Upon receipt of the goods subject to the order, the Customer has the burden of verifying the integrity and conformity of the Product with respect to the order placed. The Customer must acknowledge any dispute regarding the non-conformity of the Product and, subsequently, must notify Condito Giovanni s.r.l. in writing within 5 working days starting from the date of receipt.
12. Returns
Non-conforming Product may be returned to Condito Giovanni s.r.l. , in the packaging with which it was delivered, unless Condito Giovanni s.r.l. gives instructions regarding the disposal of the same by the Customer.The Products must be made available in the terms indicated by Condito Giovanni s.r.l., which will take care of instructing carrier to pick up the goods.It remains excluded, in any case, the possibility of requesting the termination of the contract and/or compensation for damages by the Customer in cases of non-compliance of the Product.
13. Warranty and after-sales service
Condito Giovanni s.r.l. guarantees that the products comply with the applicable Italian regulations and that they are free from defects/faults, with the express exclusion of any warranty in relation to faults and/or defects and/or non-conformities, which may occur in connection with and due to transportation, improper or negligent use, in relation to the nature and characteristics of the products.Condito Giovanni s.r.l., in accordance with national and EU regulations, guarantees free assistance for its products for a period of 12 months starting from the date of purchase. In any case, the free assistance service is excluded in the following cases:
– If the product defect results from an intervention on the product carried out without the authorization of Condito Giovanni s.r.l.
– If the product defect is a consequence of normal wear and tear of the product, negligence and lack of proper care by the Customer.
14. Responsibility
Condito Giovanni s.r.l. disclaims any liability in case of damage that occurs directly or indirectly on Condito Giovanni s.r.l. products or any other material of the Customer, not related to a manufacturing defect. Condito Giovanni s.r.l. will also not be responsible for any damages, losses or costs incurred by the Customer as a result of the non-performance of the contract for reasons not attributable to him, having the customer only the right to the eventual full refund of the price paid. Condito Giovanni s.r.l. assumes no responsibility for any fraudulent use by third parties of credit cards and other means of payment, as it does not come into any contact with the payment data used (credit card number, holder’s name, password, etc…). Condito Giovanni s.r.l. will not be, in any way, responsible for the issuance of documents or tax data due to errors related to the data provided by the Customer, the latter being solely responsible for the correct entry.
15. Non-payment or late payment
In case of non-payment, even if only partial, of the amounts indicated in the invoice, Condito Giovanni s.r.l. reserves the right to:
– Require immediate payment of any outstanding amount;
– Suspend sending or refuse new orders from the Customer.
16. Force Majeure
Are assimilated to cases of force majeure, which exempt Condito Giovanni s.r.l. from the obligation to deliver the Product within the terms referred to in these general conditions (by way of example but not limited to: epidemics, pandemics, fires, floods, wars, production interruptions including in compliance with legislative and administrative measures, shortage of stock in the warehouse), strikes by all or part of the staff of Condito Giovanni s.r.l. or carriers who are assigned the task of delivering the Products. Condito Giovanni s.r.l. undertakes to notify the Customer in writing within 8 days of the occurrence of the event of force majeure that the contract is considered suspended and that such suspension does not entitle the Customer to any compensation Within 8 days from the date of termination of the event, Condito Giovanni s.r.l. will give notice in writing that the contract will resume to produce all its effects. If the duration of the event exceeds 30 days, the contract may be terminated by either party, by notice sent in writing to the other, without either party being able to claim damages. Termination shall take effect upon receipt of written notice of termination of the contract. In the event of non-delivery, the date of completion of delivery shall be decisive.
17. Trademark Ownership.
Condito Giovanni s.r.l. is the owner of the Condito Giovanni s.r.l. trademarks and logo (“Trademark”, “Logo”) and reserves the right to grant on an eventual basis to the Customer a non-exclusive license relating to the Trademark and Logos for the use of the same within its own commercial establishments located in the national territory. In any case, any use of the Trademark and/or Logo and/or image of Condito Giovanni s.r.l. by the Customer must be approved in advance each time in writing by Condito Giovanni s.r.l. Customer acknowledges that all rights attached to the Trademark and/or Logo, including rights arising from any previous use of the Trademark and/or Logo by Condito Giovanni s.r.l., are and shall be the exclusive property of Condito Giovanni s.r.l. Customer agrees not to file or apply for registration, directly or indirectly, of any trademark, word, insignia, domain name and/or anything else that may be the same as or similar to the Trademark and/or Logo and/or that may create confusion in the marketplace. The Customer specifically agrees not to use the Trademark and/or Logo or any image or text owned by Condito Giovanni s.r.l. on its website. In any case, the Customer agrees not to use the Trademark and/or Logo (even possibly) in association with other trademarks, signs, words, figures, devices or anything else so as not to cause confusion, constitute a new or different source of origin of the Products or prejudice in any other way the unique and exclusive identity of the Products of Condito Giovanni s.r.l.
18. Confidentiality and Confidentiality
The Customer undertakes for itself, its staff and its collaborators to maintain the strictest confidentiality and to treat as strictly confidential all confidential and proprietary information of which it may become aware in connection with Condito Giovanni s.r.l. By confidential information is meant those technical, technological and commercial information, data, including statistical data, subject to extreme confidentiality and/or constraint of industrial privative rights, as well as any other news, confidence, fact, project, information in the broadest meaning of the term, learned about and/or from Condito Giovanni s.r.l., which are not disclosed by Condito Giovanni s.r.l. to third parties with official communications that are not, or have not become, public knowledge.
19. Code of Ethics and Organizational Model of
The buyer declares that he has read the Code of Ethics and the organizational model of Condito Giovanni s.r.l. published at www.condito.it and that he is well acquainted with these documents and undertakes to comply with them.
20. Jurisdiction
For any dispute relating to the execution and/or interpretation of the Contract and these Conditions, which form an integral part of it, the Court of Naples shall have exclusive jurisdiction.
21. Publication and effectiveness
These conditions are published and made available on the website www.condito.it or otherwise made known and available to the Customer by communication, including electronic.
22. Withdrawal
The Parties may withdraw from the supply contract by sending written notice at least 14 working days in advance. Withdrawal requests that are received after the 14-day period from the date on which the goods are scheduled to be shipped will not be effective.
23. Termination
In case of non-payment of the amounts indicated in the invoice, even if only partial, Condito Giovanni s.r.l. may suspend the shipment of the Products covered by the contract. Condito Giovanni s.r.l. also reserves the right to terminate the supply contract entered into with the Customer.
24. Unilateral changes
Condito Giovanni s.r.l. reserves the right to make additions and/or changes to these contractual conditions of sale, which shall be deemed effective from the moment of communication to the Customer.
Updated to 15.11.2023
