CONDITIONS OF SALE
1. Premise and effectiveness of the General Terms and Conditions
The purpose of these general terms and conditions of sale is to regulate the purchase of products and services made remotely via the internet, from the website www.hodiejewels.com in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions ("Consumer Code").
These conditions apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part 3, Title 3, Chapter 1, of the Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03).
The seller of the products and owner of the Site is: HODIE di Campagna Doralisa with registered office in Palo del Colle at Via Abate Fornari 38, REA number 654271, Tax Code CMPDLS93B53A662D – VAT number: 08832510724, PEC: doralisacampagna@pec.it.
The consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Conditions that have been made available on the Site and which will be available at any time also through the link contained in the email confirming each order to allow him to reproduce and memorize them.
In the event that the person who makes purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the rules of withdrawal referred to in art. 7 and 8 of these General Terms and Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
Contracts concluded with HODIE through the Site are governed by these General Terms and Conditions in compliance with Italian law. The official language for the conclusion of the contract is Italian.
2. Choosing and ordering Products
The characteristics and price of the various products for sale on the Site are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Shopping Cart" and, after having read the General Terms and Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping data and any billing, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts these General and Payment Conditions transcribed.
The contract entered into between HODIE and the Customer shall be deemed to have been concluded upon acceptance of the order by HODIE. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including shipping costs. The Customer will check the confirmation email and if they find any errors in the order, they will have 12 hours from receipt of this email to contact HODIE directly from the Site, using the appropriate contact form. After this period, the order will be processed for shipment and no changes will be accepted without prejudice to the Customer's rights.
Once we receive your order, HODIE will check the availability of stock for the fulfillment of your order. In the event that one or more products are not available, HODIE Customer Service will promptly notify the Customer via email who, within the next 12 hours, will have the right to respond to confirm the shipment of any additional products available or cancel it. If there is no response within this period, the order will be considered confirmed and the available products will be dispatched. If only a few products are out of stock, HODIE will process the order with the available products. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen. If, on the other hand, the Customer responds in the negative, HODIE will issue the relevant refund as governed by this agreement.
3. Product Information
The information and characteristics relating to the products are available, with the relevant product codes, on the Site.
The visual representation of the products on the Site normally corresponds to the photographic image with the product description. It is understood that, since these are handcrafted products, the image of the products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ slightly in color and size. In the event of any discrepancy between the image and the product sheet, the description of the product sheet is always authentic.
4. Prices
Product prices are inclusive of all taxes and duties. All prices are in Euros.
5. Payment and billing methods
5.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer and prepaid cards.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal website where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
Bank transfer
The Customer must make the transfer within 3 days from the date of the order. If this does not happen, the order will be cancelled and the goods will be made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the non-credit is due to the Customer's desire not to confirm the purchase or to other causes.
Data for the transfer:
Account holder: HODIE DI CAMPAGNA DORALISA
IBAN: IT37J0898841600000000665502
BIC: ICRAITRRRG0
Bank: BANCA DI CREDITO COOPERATIVO, branch of Palo del Colle
Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (e.g. "Order 01/01/14 no. 100012345").
Mark
It is possible to pay for the purchased goods by cash on delivery, paying in cash directly to the courier who delivers the package.
When completing your order in the "Payment" step, select "Cash on delivery/Cash on delivery".
Cash on delivery costs €6.00 to be added to the total amount of the order placed.
5.2 Invoicing of orders
It is possible to request the issuance of the invoice by selecting the "notes" box during the order procedure and entering the billing data including tax code and/or VAT number. In this case, the invoice will be emailed to the address provided. HODIE reserves the right to request additional information from the Customer at any time.
The customer is responsible for the correct entry of the billing data and is expressly informed that, if the invoice is not requested at the time of ordering, it will not be possible to request it later.
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the "Shipping Data" field.
All purchases will be delivered by express courier from Monday to Friday, excluding holidays and national holidays. HODIE is not responsible for delays that are not foreseeable or not attributable to it.
Once the products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for the tracking of the shipment.
In any case, except in cases of force majeure, unforeseeable circumstances or cases of special or personalized requests, the products ordered will be delivered within 7 working days from the day following the day on which HODIE confirmed the order to the Customer by means of a specific order confirmation email.
7. Right of withdrawal
The Client has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in the following point. To exercise this right, the Customer must notify HODIE within 10 days from the date of receipt of the products, by contacting customer service (info@hodiejewels.it).
If you wish to exercise your right of withdrawal before receiving the products, you may be notified of withdrawal at any time before you receive them.
This communication must be sent by registered letter with acknowledgement of receipt, addressed to: HODIE - Via Abate Fornari, 38 - 70027 - PALO DEL COLLE (BA).
Once the communication has been received, HODIE will open a file for the management of the return and communicate to the Customer the instructions on how to return the products, which will be done by courier indicated by HODIE.
The right applies to the product purchased in its entirety, therefore, if the product is made up of several components or parts, it is not possible to exercise the withdrawal only on part of the product purchased.
In the event of exercising the right of withdrawal, HODIE will reimburse the customer for the full amount of the returned goods, excluding shipping costs (if any), within 14 days from the date on which the notice of withdrawal was received, without prejudice to HODIE's right to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the event of a bank transfer, it will be the Client's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
In case of cash on delivery, the refund will be made by bank transfer, upon request of the relevant data.
Products must be returned in the same box in which they were received.
The right of withdrawal is excluded in the following cases, pursuant to Art. 59 Legislative Decree 21/2014:
– tailor-made or clearly personalised products;
– sealed products that cannot be returned for reasons of hygiene or health protection or that have been used after delivery.
In the above cases where the right of withdrawal is excluded, HODIE will be forced to return the products previously purchased to the Customer, charging the Customer for the shipping costs.
8. Return in case of exercise of the right of withdrawal
In the event of a return, the shipping costs (return costs) are the responsibility of the customer.
The Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by HODIE to arrange the return of the Products.
9. Warranty and Lack of Conformity
In the event of a lack of conformity of products sold by HODIE, the Customer must immediately contact Customer Service.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The Client has the right, at his choice and provided that the type of product allows it, to restore, free of charge, the conformity of the product by repair or replacement, or to an appropriate reduction in the price or to the termination of the contract. The Customer loses these rights if it does not report the lack of conformity to HODIE within two months from the date on which it discovers the defect.
HODIE promises to replace products if they are damaged or unusable at purchase.
Please note that this warranty only covers manufacturing defects in the product. Worn parts, dents, scratches, and chipped paint are not cause for replacement and will not be recognized as covered by the warranty, as they result from normal use of the product. Intentional damage and misuse of the product may void the warranty.
To make a warranty claim, please email info@hodiejewels.com, including pictures of the defect and a brief description of the problem. HODIE will respond within a maximum of 7 business days.
10. Exchange or Replacement
If the Customer decides to make an exchange or requests the replacement of the item with another of the same characteristics and price, he must contact Customer Service. This right can be exercised within 14 days from the date of delivery of the product.
The right of return and exchange is only valid for purchases made on www.hodiejewels.com. If you purchased the product from a retailer, you must return it to the retailer.
The products must be in the original box.
The exchange or exchange policy is not applicable to personalized items.
The return form to be filled in and inserted inside the package for the return can be downloaded here on the website.
11. Errors and Limitations of Liability
The product information provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which HODIE cannot be held liable, except in the case of intent or gross negligence.
HODIE reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these Terms and Conditions and the Consumer Code.
Except for wilful misconduct or gross negligence, the Client has no right to compensation for damages or to the award of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or fulfilment, even partial, of an order.
12. Complaints
Any complaint must be forwarded to HODIE using the appropriate icon accessible directly on the Site through the "Customer Support" service
HODIE undertakes to respond to all requests received within a maximum of 7 working days.
Online Consumer Dispute Resolution (ODR)
If you are a European consumer, you should be aware that the European Commission has made available to all residents of Europe a tool dedicated to alternative dispute resolution. To access the platform click here.
13. Applicable law and jurisdiction
The sales contract between the Client and HODIE is intended to be concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile if located in the Italian territory shall have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Bari, any other competent court excluded.