Terms of Use and Conditions of Sale

The website www.damea.it (hereinafter, the “ Site ”) is the property of Tlep srls VAT no. 03877150791, Rea no. KR-187155. (hereinafter “ DAMEA ” or “ Seller” ).

Any information, support, request or complaint can be forwarded to Customer Service via the customer support center at this link , or via email by writing to: care@damea.it .

These terms of use and conditions of sale (hereinafter " Terms and Conditions ") regulate the use of the Site by users and the distance selling of the products marketed on it, governed by Chapter I, Title III (arts. 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”), when it involves a consumer, and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

The Seller undertakes to make these documents always usable and updated, and reserves the right to modify them at any time, effective from the date of publication on the Site.

DEFINITIONS
For the purposes of these Terms and Conditions:

“ Contract ”: the contract concerning the remote sale of the products marketed by the Site, between DAMEA and an end customer, as part of a remote sales system that uses the Internet as a remote communication technology.

" Customer ": (i) the natural person consumer, who is at least 18 years of age, and who makes a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out by him/her; (ii) the professional as a natural or legal person who makes a purchase on the Site in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary.

“ User ”: the person who accesses the Site and continues browsing.

“ Order ”: the purchase proposal that the user sends to DAMEA, completing the order procedure described.

OBJECT
With this Contract, DAMEA sells and the Customer purchases remotely, via electronic means, the products indicated and offered for sale on the Site.
These Terms and Conditions do not regulate the sale of products or the provision of services carried out by third parties who use direct links to the Site through banners or other hypertext links . On the websites that can be consulted via these links, DAMEA does not carry out any type of control/monitoring. Therefore, under no circumstances can DAMEA be held responsible for the goods or services promised by third parties or for the execution of transactions between Users of the Site and third parties.

AVAILABILITY OF THE SERVICE AND TERMS OF USE
The Site can be accessed from all over the world. However, the Products available on the Site can be purchased exclusively by users who request delivery in one of the States indicated on the Site.

The sale of the Site's products may be temporarily suspended, without any prior communication, for the time strictly necessary for necessary and/or appropriate technical interventions on the platform or if there are justified security reasons or violations of confidentiality. DAMEA reserves, in any case, the right not to accept orders, from anyone, which are anomalous in relation to the quantity or frequency of purchases made on the site.

DAMEA also reserves the right not to accept orders from a) users with whom a legal dispute is underway; b) users involved in fraud relating to credit card payments; c) users who have provided identifying data which later turns out to be false, incomplete or inaccurate.

By using this website and/or placing orders through it, you agree: 1. to use the website only for lawful activities; 2. not to place false or fraudulent orders. Where there are plausible reasons to believe that these are orders of this nature, the Seller reserves the right to cancel the order and inform the competent authorities.

REGISTRATION
Registration on the Site allows the User to create an account by completing the registration form, where the User will enter the personal data required to memorize the ways in which the User uses the Site Services (e.g. payment, delivery etc.). The User who registers is responsible for their truthfulness, correctness and updating, guarantees that they are the legitimate owner and undertakes to observe the applicable laws and the Terms and Conditions of the Site. All data transmitted will be processed in compliance with the Privacy Policy. for the sole purpose of executing orders and, only with the consent of users, for the purpose of promoting the products or promotions of the Site.

PURCHASE PROCEDURE
The User will be able to purchase the products offered for sale on the Site also as a "guest", i.e. without being registered, by completing the order transmission procedure and the instructions contained therein available only in the Italian language. Before transmitting the order to the User, the order summary will be shown containing the selected products, the price of the products, including taxes, shipping costs and other additional costs (if applicable). The User will therefore be able to identify and correct any errors that may have occurred while filling in the fields, as well as view these Terms and Conditions, a summary of shipping times and costs and the Privacy Policy. To submit the order, the User must click on the order completion button and proceed with the payment using the chosen methods.
By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, to fully accept these Terms and Conditions, and expressly acknowledges and accepts that this implies the obligation to pay the price and other amounts due under these Terms and Conditions and that the order cannot be modified or canceled after it has been dispatched.

CONCLUSION OF THE CONTRACT
The Contract between the Seller and the Customer will be considered concluded only with the acceptance of the order by the Seller by sending an order confirmation email (the " Order Confirmation ") which is equivalent to the acceptance of the proposal of 'purchase. Only the products indicated in the Order Confirmation will form the subject of the contract.

The Seller reserves the right, at its discretion, to refuse the order, even in cases where: a) the order cannot be executed due to: error in the information provided by the User when placing the order ( e.g. payment card; expiry date, etc.); incorrect billing address; insufficient or incorrect shipping address; misleading information; inability to deliver the product in some disadvantaged geographical areas; b) an error has occurred on the Site relating to the price, product description or its availability of the product. In such cases the Seller will proceed to cancel the order and refund any amount already paid by the User for the payment of the products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by the non-acceptance, even partial, of an order by the Seller.

Subsequently, the Customer will be informed by a confirmation email that the order is being shipped containing the tracking number useful for tracking the shipment (the " Shipping Confirmation ").

The purchase contract will be considered terminated in the event of non-payment, even partial, of the price of the product, shipping costs, if applicable, and any other additional costs as a result of the order (" Total Amount Due "). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered legally terminated pursuant to and for the purposes of the art. 1456 cc The Customer will be promptly notified of this resolution and the consequent cancellation of the order.

PRODUCTS
The products offered for sale through this Site are described in the relevant information sheet (" Product Sheet ") which illustrates their main characteristics and composition materials. The images and descriptions included therein (for example those relating to the weight of the jewels) are for illustrative and demonstrative purposes and, despite the efforts to describe and represent them in the most realistic way possible, they may not be perfectly representative of the real products, as they are handcrafted, which therefore could differ slightly in color (also due to the different colors of the screens of the devices used), shape, size or weight. However, we guarantee our effort to represent the products in the most truthful and realistic way possible.

PRODUCT AVAILABILITY
All product orders are subject to product availability. The availability of the products refers to the moment in which the Customer consults the Product Sheets and must in any case be considered indicative as the Site can be visited simultaneously by multiple Users, and it could happen that, at the same time, multiple Users place the order for the same product. Therefore, having limited availability of these handcrafted products, it could happen that the Site's computer system marks a product as available which in reality is not available, as it was sold to others before the order was confirmed. In such cases, responsibility for the unavailability of one or more products cannot in any case be attributed to the Seller. DAMEA cannot even be held responsible for the temporary or definitive unavailability of one or more products. In the event of unavailability, even temporary, of the requested products, the Seller undertakes not to charge the Customer the corresponding price. If the order has been sent and the price already charged for the items that are no longer available, the Seller will refund the Customer the entire amount paid for those items. In the event of partial or total unavailability of the goods, even following the sending of the Order Confirmation email, the Customer will be promptly informed via email. In this case, the purchase contract will be considered terminated, and DAMEA will refund the price and shipping costs (where applicable and, in the event that the purchase concerned only the unavailable Product or, in the case of multiple orders, limited to shipping costs specifically relating to the unavailable Product). In the case of multiple orders, the unavailability of one or more of the Products ordered will not give the Customer the right to cancel the entire Order.

PAYMENT
The payment methods available on the Site are as follows:

Credit cards . Credit cards and debit cards from the main international circuits are accepted. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be resolved pursuant to art. 1456 cc The Customer will be informed via email. The charge will be made when the order is placed. For security purposes, you may be asked to authenticate using mobile devices or other tools required by the Payment Services. Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The credit card data will be communicated directly to Shopify which takes care of payments on behalf of the Seller. The data transmitted will be sent in protected mode, through encrypted data transfer with a 128-bit SSL (SecureSocketLayer) system. This data is not accessible even to the Seller.

Digital Wallet and PayPal . Payments are accepted via Digital Wallet such as PayPal , Apple Pay , Google Pay , Shop Pay . If the user chooses digital wallets as a means of payment, he will be redirected to the relevant site where he will make the payment based on the procedure provided and regulated therein, which may also require a multi-factor security procedure, such as sending emails confirmation. These services involve the use of the most recent and updated SSL security and data encryption protocols. In the event of cancellation of the order or in other cases in which it is necessary to proceed with the reimbursement of the expense incurred by the Customer, the relevant amounts will be refunded via the chosen Digital Wallet account, unless otherwise agreed with DAMEA.

PRICES
The sales prices displayed on the Site are to be understood in Euros and include VAT (if applicable) and any other taxes. The price applied to the contractual relationship between the Seller and the Customer will be the one in force at the time of the order and indicated in the Order Confirmation, without considering price increases or decreases, even for promotions, which may occur subsequently.

BILLING
Upon request, DAMEA will issue the invoice using the information provided by the Customer and which the latter guarantees to be truthful, and transmitting it via e-mail to the Customer. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.

SHIPPING AND DELIVERY OF PRODUCTS
The shipment is entrusted to national and international carriers who carry it out from Monday to Friday, excluding holidays.
Delivery times may vary from a minimum of 24 hours to a maximum of 8 working days, and in any case within 30 days of the conclusion of the Contract. These terms must be considered indicative and non-essential and any modification to the same will be promptly communicated by DAMEA to the Customer via email.
Shipping costs are indicated on the Site and may be free for orders above certain thresholds indicated by DAMEA on the Site. They are however indicated within the purchase procedure, before the Customer submits the order.
Shipments to post office boxes or automatic parcel distribution points are not permitted. Orders are shipped via courier and the presence of a natural person is therefore required to sign upon delivery of the package.
In the event of the recipient's absence at the indicated address, the designated carrier will contact the recipient by telephone, or send a warning email, and will attempt a new delivery in the following days. In the event that delivery cannot be made in the following days due to the absence of the recipient, the ordered products will be stored at the competent branch, accruing storage costs charged to the Customer himself. After the days of storage without delivery, the products will be returned to the Seller and the order will be canceled pursuant to art. 1456 cc, without prejudice to the right to compensation for damages deriving from transport and storage costs, which DAMEA reserves the right to withhold from the reimbursement.

The risk of loss and damage to the products, for reasons not attributable to the Seller, is transferred to the Customer when the latter, or a third party designated by him and other than the carrier, physically takes possession of the product.

ATTENTION TO DELIVERY

Before accepting the package, make sure:
1. that the number of packages delivered corresponds to the number of packages indicated in the transport document;
2. that the packaging is intact and unaltered, including the closing materials;

3. that the package is delivered with diligence and skill by the carrier;
4. to SIGN with SPECIFIC CONTROL RESERVE in case of anomalies, package not intact or altered, as better specified below;
5. to check the integrity of the content within 24 hours of delivery;
6. to photograph the item from different perspectives as received by the courier.

SPECIFIC RESERVATION OF CONTROL

Before accepting the package, make sure of the condition of the packaging and its contents.
The Customer has the right to carry out his checks and ACCEPT the package WITH RESERVATION, when he believes there are reasons to do so, without being in a hurry to leave the shipper or fear of making reservations.
It is the obligation and responsibility of the shipper to carefully transport and deliver the goods, without causing damage during transport. For this reason, in the event of anomalies in the delivery of the goods, package or packaging damaged by its conduct, the carrier is responsible for hidden transport damage.
To assert this responsibility, it is necessary to accept the delivery with RESERVE OF CONTROL which must be SPECIFIC i.e. well motivated, writing "I ACCEPT WITH RESERVE OF CONTROL" + THE MOTIVATION
            Examples:
            “I ACCEPT WITH RESERVATION OF CONTROL FOR SUSPECTED TAMPERING : if the package is open or not perfectly closed;

“I ACCEPT WITH RESERVATION OF CONTROL FOR IMPROPER TREATMENT”: if it is not delivered with care or diligence by the carrier;

“I ACCEPT SUBJECT TO INSPECTION FOR VISUALLY DAMAGED PACKAGE” if the package shows visible damage or is visually altered.

RIGHT OF WITHDRAWAL
The consumer customer enjoys the right of withdrawal, i.e. the right to return the goods and obtain a refund of the amount paid. However, in the event of a return, the costs of returning the goods (i.e. the costs of shipping the product from the Customer to the DAMEA warehouse) remain at your expense.

The right of withdrawal is excluded in case of:

1. purchase by a Customer who holds the status of professional pursuant to art. 3, letter. c) of the Consumer Code;
2. in the case of products made to measure or clearly personalized (art. 59 letter c) of the Consumer Code);
3. sealed products that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery (art. 59 letter e) of the Consumer Code).

The right of withdrawal can be exercised within fourteen (14) days (“ Withdrawal Period ”) from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the product, or, in case of purchase of multiple products, from the day of delivery of the last product, or even in case of purchase of products with multiple lots or multiple pieces, from the day of delivery of the last lot or piece.

To exercise the right of withdrawal, within the Withdrawal Period, the Customer must first inform the Seller by sending to the email address care@damea.it any explicit declaration of his decision to withdraw from the contract (" Withdrawal Declaration ") indicating in the subject: "exercise of the right of withdrawal", and in the body of the email: order number, date of the order, the product(s) for which you intend to exercise the right of withdrawal, a telephone number, or or by using the withdrawal form made availableat this link.

The Customer who has exercised the right of withdrawal must wait for the return acceptance email from DAMEA and only subsequently must return the Product to the Seller at his own expense, without undue delay and in any case within fourteen (14) calendar days from date on which he communicated his decision to withdraw from the contract. The transport risks for returning the Products are entirely borne by the Customer.

The Customer must return the product carefully packaged, protected, intact and complete with all its accessories, manuals, labels and documents, using the original packaging in which the product was received and send it to this address: DAMEA, c/o Tlep srls , Viale Cristoforo Colombo 27C, 88900 Crotone (KR).

Upon arrival at the warehouse, DAMEA will ascertain the condition of the returned product and reserves the right to withhold the refund until that moment.

The Customer acknowledges and expressly accepts that, following the outcome of the aforementioned assessment, the return request will be rejected and the purchased Product will be returned to the Customer, charging the shipping costs, in the event of:

• packaged product, the original packaging of which is missing, tampered with or damaged by the Customer or purchase of items;
• product missing some integral parts or accessories;
• product that is damaged for reasons other than transport, or there are anomalies in its state of conservation.

In case of refusal of the return, the Customer will be informed via a specific email (the " Return refusal email ") and will have to bear the shipping costs for returning the Product whose return has been refused. To this end, the Customer will be able to book a shipment or bear the shipping costs incurred by DAMEA, reimbursing them by bank transfer, the details of which will be communicated with the return refusal email.

Without prejudice to the above, the Customer who exercises the right of withdrawal is responsible for the decrease in the value of the products resulting from handling the products other than that necessary to establish their nature, characteristics and functioning. In this case, the amount to be refunded will be reduced by an amount equal to the decrease in value. In the event that the refund has already been made, the Seller will provide the bank details for the payment due by the Customer due to the decrease in the value of the Product.

LEGAL WARRANTY
The products marketed on the Site are covered by the Legal Guarantee of Conformity referred to in the articles. 129 et seq. of the Consumer Code which is reserved for consumers pursuant to art. 3, paragraph I, letter. a) of the Consumer Code. The Legal Guarantee of Conformity operates when the lack of conformity occurs within 2 years of delivery of the product (" Guarantee Validity Period ").

Excluded from the scope of the Legal Guarantee of Conformity are any defects caused by accidental events, by the Customer's responsibility, by use or washing of the Product that does not comply with its intended use and/or as indicated by the Seller and/or provided in the illustrative documentation attached to the product, in tags or labels, or due to tampering with the Product by third parties.

For gold and silver plated jewellery, the Customer acknowledges and accepts that defects in the plating which appear over time are due to normal use of the product and are therefore exempt from the Warranty.

In the presence of a lack of conformity, the Customer has the right, at his choice, to have the defective goods repaired or replaced by the Seller, without charging any costs, unless the requested remedy is impossible or excessively onerous compared to the other. If replacement or repair is not possible, the Customer still has the right to a price reduction or to receive a sum back, commensurate with the value of the goods, upon returning the defective product to the Seller.

In the event of a lack of conformity, the Customer, within the Warranty Period, may contact Customer Service via email at the address in the header, indicating:

• the defect and/or non-conformity of the Product
• the order number
• and attaching photos representative of the lack of conformity.

The product for which the lack of conformity is complained must be sent to DAMEA which will bear the return costs or will appoint its own carrier for collection.

Please remember that, in the case of purchase by a professional, the Guarantee provided for by the Civil Code applies which considers as non-compliant products those which present defects such as to make them unsuitable for use or which are such as to significantly reduce their value. The available remedies are: price reduction or termination of the sales contract. In this case the professional must report the defect within 8 (eight) days of its discovery and in any case within 1 (one) year of delivery.

PRIVACY AND COOKIE POLICY

For information relating to the processing of personal data carried out by the Site, we invite you to read the Privacy Policy .

For the information relating to cookies, i.e. small text files that allow information on visitor preferences to be stored to improve the functionality of the site, to simplify navigation by automating procedures and for the analysis of the use of the Site, we invite you to read the Cookie Policy .

 

FORTUNE EVENT OR FORCE MAJEURE
DAMEA declines all responsibility for any failure to fulfill its contractual obligations in the event of unforeseeable circumstances or force majeure, including but not limited to, acts of war or terrorism, strikes, states of emergency at national or local level, failure of transport infrastructures, interruptions in the supply of electricity or other utilities, earthquakes, other natural disasters.

INTEGRITY
The Terms and Conditions consist of all the clauses that compose them. If one or more provisions of these Terms and Conditions are considered invalid or declared as such by law or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effect. 

INDEMNIFICATION
The User undertakes to use the Site and the Products purchased on the Site exclusively in accordance with these Terms and Conditions, for lawful purposes and in any case without infringing the rights of the Seller and/or third parties. The User undertakes to indemnify the Seller, its employees or collaborators, from any request for damages or claims made by third parties for acts or omissions of the user carried out during his interaction with the Site or in relation to purchases of products on the Site.

APPLICABLE LAW, ALTERNATIVE DISPUTE RESOLUTION, JURISDICTION

The Customer can make use of the Joint Conciliation procedure (ADR procedure) RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, access www.risolvionline.com.
Alternatively, pursuant to art. 14 of Regulation (EU) nº 524/2013, the Seller informs all consumers pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/ . This is without prejudice to the right of the consumer customer to appeal to the competent ordinary judge of the dispute arising from these Terms and Conditions, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions are met, to promote a resolution out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II- bis of the Consumer Code.

All contractual relationships between the parties and  These Terms and Conditions are governed by Italian law. For any dispute relating to the application, interpretation and execution of these Terms and Conditions, the Court of Crotone has exclusive jurisdiction, unless the Customer is a consumer pursuant to art. 3, paragraph I, letter. a) of the Consumer Code. In this case, the judge of the place where the consumer has residence or has chosen domicile is competent.

CUSTOMER SERVICE AND COMPLAINTS
To obtain information, send communications, request assistance or forward complaints, the Customer can contact Customer Service by writing via email to care@damea.it

Customer Service follows the following hours:

Mon-Fri: Office hours

Saturday and Sunday: closed

DAMEA will respond to complaints as soon as possible and in any case within 14 working days of receiving them.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The Site in its entirety, as well as its individual elements (photographs, texts, videos, logos, etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Copyright Law.
Any total or partial reproduction, download, modification or use of the brand, videos, logo, and any other element present on this site, for any reason and on any medium, is strictly prohibited without the prior written consent of the respective owners.

Please read these Terms and Conditions carefully and print them and/or save them on another accessible durable medium. Please also carefully consult the Privacy Policy and the Cookie Policy .

Edition of 10 February 2023