Terms and Conditions

Art. 1 – General provisions

By browsing this area, the user accesses the rosaniojewels.com website, accessible via the URL: www.rosaniojewels.com. Browsing and submitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the Site itself, as indicated therein.

1.1 These General Conditions of Sale (GCS) apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) and take precedence over any formality written or printed by the buyer, from

Company: Rosanio di Milton Rosanio
Registered office: Via Sicilia 74, 09045 Quartu Sant’Elena (CA) – Italy
VAT number: 03889780924

Rosanio di Milton Rosanio owns the website rosaniojewels.com.

1.2 Before accessing the products provided by the Site, the user is required to read these General Conditions of Sale, which are considered generally and unequivocally accepted at the time of purchase on the relevant page of the Site's "virtual cart" as per the procedure described below.

1.3 The user is invited to download and print a copy of the purchase form and these GCS, whose terms Rosanio di Milton Rosanio (rosaniojewels.com) reserves the right to modify unilaterally and without prior notice. In the event of modification by Rosanio di Milton Rosanio (rosaniojewels.com), they will become valid upon publication on the Site.

Art. 2 – General information.

2.1 By purchasing products on the rosaniojewels.com website, the customer declares:

to be of legal age;
to exempt Rosanio di Milton Rosanio (rosaniojewels.com) from any liability related to the purchase of an unsuitable product;

2.2 All products for sale on the www.rosaniojewels.com website (https://www.rosaniojewels.com) comply with CEE regulations.

Art. 3 – Subject

3.1. These GCS govern the offer, submission, and acceptance of product purchase orders on www.rosaniojewels.com and do not govern the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.

3.2. Before placing orders and purchasing products and services from other parties, we suggest you check their terms of sale.

Art. 4 – Conclusion of the contract

4.1. By clicking the “PLACE ORDER” button, the customer places a binding order for the items contained in the virtual cart. Once the order is transmitted, Rosanio di Milton Rosanio (rosaniojewels.com) will immediately, or in any case as soon as possible, send the customer an order confirmation email with the assigned order number.

4.2. It contains a reference to the GCS, the relative price, the payment methods that can be used, the delivery methods for purchased products and the relative shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning purchased products.

4.3. Before concluding the contract and therefore clicking on the "PLACE ORDER" button, you will be asked to confirm that you have read the GCS including the Information on the right of withdrawal and the processing of personal data.

4.4. The contract is concluded when the buyer clicks on the "PLACE ORDER" button located at the bottom right of the virtual shopping cart page of the site.

4.5. The buyer will be obliged to pay the price from the moment the online order submission procedure is concluded. This will happen by clicking on the "PLACE ORDER" button at the end of the guided procedure.

4.6. Once the contract is concluded, Rosanio di Milton Rosanio (rosaniojewels.com) takes charge of the order for its fulfillment and sends a summary email of the order placed to the buyer.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Art. 5 – Website Registration.

5.1 The purchase of Products on the Site can take place without the need for prior registration on the Site itself by filling out the form on the virtual shopping cart page.

5.2 In any case, registration on the Site is free. To register on the Site, the user must fill out the dedicated form, entering name, surname, address, an email address. Successful registration on the Site will be confirmed to the user by sending a specific email communicating the creation of a personal account and the communication of a password to access the personal area.

5.3 Registration on the Site – by opening a personal account called "Your Rosanio Jewels account" – allows the user to: view your orders, manage your shipping and billing addresses; change password and account details; save payment details, so they can be reused for subsequent purchases; access all information relating to orders and returns; track order status; manage your personal data and update it at any time;

5.4 The registration credentials (nickname and password) allow the user to make purchases on the Site. In any case, the registration credentials must be kept with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. They also undertake to immediately inform Rosanio di Milton Rosanio (rosaniojewels.com) if they suspect or become aware of improper use or undue disclosure of the same.

5.5 The user guarantees that the personal information provided during the registration procedure on the Site and/or at any other time of their relationship with the rosaniojewels.com Site is complete and truthful and undertakes to hold Rosanio di Milton Rosanio (rosaniojewels.com) harmless and indemnify it from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the user's violation of the rules on registration on the Site or on the storage of registration credentials.

5.6 Registration on the Site and/or purchase through the Site constitutes acceptance of these GCS.

5.7 Furthermore, should the user communicate inaccurate or incomplete data, or even in the event of a dispute by interested parties regarding payments made, Rosanio di Milton Rosanio (rosaniojewels.com) shall have the right not to activate or to suspend the service until such deficiencies are rectified.

5.8 Upon the user's first request to activate a profile, rosaniojewels.com will assign a username and password to the user. The latter acknowledges that these identifiers constitute the system for validating the user's access to the Services and the only system capable of identifying the user, and that acts performed through such access will be attributed to them and will have binding effect on them.

Art. 6 – Product availability – contract termination and refund.

6.1 The Products offered on the Site are the items in the electronic catalog (such as, for example and not limited to: rings, necklaces, earrings, other fashion and design accessories) published on the Site at the time the user places the order.

6.2. Product availability, continuously updated and monitored, refers to actual availability at the time the buyer places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of multiple users on the Site, products could be sold to other customers before the order is confirmed. Therefore, it could happen that multiple users purchase the same Product at the same time. In such cases, the Product might appear available for a short period, while it is actually out of stock or not immediately available, requiring a restock.

6.3. Even after the order confirmation email has been sent, cases of partial or total unavailability of goods may occur. In this event, the order will be automatically rectified by eliminating the unavailable product, and the buyer will be immediately informed via email. Without prejudice to other rights attributed to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code (contract termination), Rosanio di Milton Rosanio (rosaniojewels.com) will immediately notify the user via email. The user will then be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of what is provided for in art. 61, IV and V paragraph, of the Consumer Code. Alternatively, and without prejudice to this right, the user may accept one of the following proposals from Rosanio di Milton Rosanio (rosaniojewels.com):

if a restock of the Product is possible: an extension of the delivery terms, with Rosanio di Milton Rosanio (rosaniojewels.com) indicating the new delivery term for the restocked Product;
if a restock of the Product is not possible: the supply of a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and subject to express acceptance by the user. It is specified that, if the user has chosen to pay for the initial purchase with Real Time Banking (where available) or credit card, it will be necessary to proceed with the termination of the contract (and the consequent cancellation of the initial order, with a correlative refund of the Total Amount Due as provided for in art. 6.4 below) and, therefore, with the placement of a new order, concerning the product chosen as a replacement. The user's choice must be promptly communicated to Rosanio di Milton Rosanio (rosaniojewels.com) by e-mail, to the address referred to in art. 6.4 below.

6.4 If the buyer requests the cancellation of the order, availing themselves of the right of termination referred to in art. 61, paragraphs IV and V, of the Consumer Code, Rosanio di Milton Rosanio (rosaniojewels.com) will refund the total amount due – consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order ("Total Amount Due") – if already paid, without undue delay and, in any case, within 30 calendar days from the exercise of the right of termination by the user or from the moment Rosanio di Milton Rosanio (rosaniojewels.com) became aware of the buyer's decision to terminate the contract. The refund amount will be communicated to the user via e-mail and credited to the same payment method used by the user for the purchase. In the case of payment by bank transfer, the refund will be made by bank transfer; Rosanio di Milton Rosanio (rosaniojewels.com) will ask the user for the bank details necessary to make the refund.

6.5. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date of the re-credited amount will be the same as the debit date.

6.6. Articles 6.3 and 6.4 above will also apply in the case of a Multiple Order if: (i) all Products subject to the Multiple Order are unavailable, or; (ii) only some, it being understood that in the latter case they will apply exclusively in relation to the unavailable Products. The termination of the entire Multiple Order will only be possible in the event of clear and proven ancillary nature of the Product(s) subject to the Multiple Order that have become unavailable in relation to the other available Products subject to the Multiple Order. In the event of partial termination of the contract, shipping costs as highlighted in the order form will not be refunded.

Art. 7 – Products offered

7.1 Rosanio di Milton Rosanio (rosaniojewels.com) sells the following products: Rings, Bracelets, Necklaces, Earrings, Fashion and Design Accessories.

7.2 The marketed products are detailed on the Website at the link https://www.rosaniojewels.com/collezioni.

7.3. The products indicated in articles 6.1, 7.1 and 7.2 above are exclusively illustrative and not exhaustive; Rosanio di Milton Rosanio (rosaniojewels.com) reserves the right to modify the quantity, type and finish of the products offered on the Site at any time.

7.4 Custom Made Products

7.4.1 Rosanio di Milton Rosanio (rosaniojewels.com) reserves the right to offer the user the possibility of purchasing so-called "custom made" Products, i.e., products which, starting from a basic model, the user can choose to customize according to the options made available from time to time ("Custom Made Products"). Custom Made Products will be included in a special section of the Website and/or will be identified and indicated by the appropriate wording; on the Product Sheet of each Custom Made Product – as well as during the purchase process.

7.4.2 Custom Made Products are subject to the same procedures and provisions established, as far as compatible, all other provisions of these GTC. The user is reminded in any case that in relation to Custom-Made Products, both the right to replace the product, if and when provided, and the right of withdrawal are excluded.

7.5 Product Information

Each Product is accompanied by an information sheet illustrating its main characteristics ("Product Sheet"). The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by users for their viewing. Furthermore, the Product images on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with customary tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by the user is binding.

Art. 8 – Loyalty Program

8.1 Rosanio di Milton Rosanio (rosaniojewels.com) reserves the right to activate a Fidelity program at any time, determining its operating methods and user conduct rules.

8.2 In any case, once the points collection program is activated, it can be consulted on the dedicated page of the Website.

Art. 9 – Payment methods and prices

9.1 The price of the products will be that indicated from time to time on the rosaniojewels.com website, unless there is an obvious error. The indicated price is final and inclusive of VAT. Shipping costs are not included in the initially advertised price and are quantified before ordering, in accordance with the above articles 4 and 6.

9.2 Rosanio di Milton Rosanio (rosaniojewels.com) reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the user will be that indicated on the Website at the time of placing the order and therefore will not take into account any subsequent changes (increases or decreases) after the order has been transmitted.

9.3 Once the desired products have been selected, they will be added to the virtual cart. It will be sufficient to follow the purchase instructions (according to the procedure referred to in the above articles 4 and 5), by entering or verifying the requested information at each step of the process. Order details can be modified before payment.

9.4 Payment can be made via:

(i) credit card, through one of the credit cards accepted by Rosanio di Milton Rosanio (rosaniojewels.com), as specifically indicated;
(ii) through "real time banking" payment method;
(iii) collection at a Rosanio di Milton Rosanio store which will be previously indicated to the user, who can pay in cash (within legal limits), debit card or credit card. Furthermore, if the user is unable to complete the payment through one of the methods indicated in this paragraph, Rosanio di Milton Rosanio reserves the right to accept payments made by bank transfer.

9.5 In the case of online payment by credit card, Rosanio di Milton Rosanio (rosaniojewels.com), at the time of transmitting the order or when the user clicks the "PLACE ORDER" button, charges the Total Amount Due, even in the case of a Multiple Order containing Products with different delivery dates.

9.6.1 If the user is unable to complete payment for their order using one of the methods referred to in art. 9.5 et seq. above (e.g., negative outcome of the card validity verification procedure and/or absence of blocks; lack of funds in the bank account; reaching the maximum spending limit, etc.) and if Rosanio di Milton Rosanio (rosaniojewels.com) decides not to proceed with the termination of the contract pursuant to and for the purposes of art. 1456 of the Italian Civil Code, the order placed by the user will be suspended and Rosanio di Milton Rosanio (rosaniojewels.com) may contact the user to propose payment by bank transfer. If the user agrees to pay by bank transfer, Rosanio di Milton Rosanio (rosaniojewels.com) will send an email containing the bank details necessary for the bank transfer.

9.6.2 Payment for the Products by bank transfer must be made no later than three working days from the date of receipt of the email referred to in art. 9.6.1. If this deadline expires without payment, the contract will be considered terminated by law pursuant to and for the effects of art. 1456 of the Italian Civil Code. The termination of the contract, of which the user will be promptly notified by email, will result in the cancellation of the order and the refund of the Total Amount Due, if eventually paid late.

9.6.3 In the case of payment by bank transfer, the delivery times for the Product will start from the date of receipt of the bank transfer by Rosanio di Milton Rosanio (rosaniojewels.com) or from the date of receipt by Rosanio di Milton Rosanio (rosaniojewels.com) of the bank transfer confirmation, whichever occurs first. To facilitate the connection between the payment received by bank transfer and the order, the user is asked to indicate the following in the bank transfer description:

(i) the order number;
(ii) the order transmission date;
(iii) the first and last name of the order holder, if different from those of the current account holder from which the bank transfer originates. The user is advised to promptly send Rosanio di Milton Rosanio (rosaniojewels.com), by email (orders@rosaniojewels.com), the bank transfer confirmation, taking care to indicate the reference order number.

9.7 In both of the payment cases described above, payment must be made immediately. The access data to the user's home banking account are encrypted and transmitted directly to the payment processor, without passing through Rosanio di Milton Rosanio (rosaniojewels.com) servers; the latter, therefore, never has access to or stores such data. The Total Amount Due will be charged, simultaneously with the conclusion of the contract through the Website, to the account selected by the user. Unless otherwise provided and/or agreed with the user, in case of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user will be credited to the user's payment account. The crediting times depend exclusively on the company providing the service and/or the banking system. Once the credit order has been issued, Rosanio di Milton Rosanio (rosaniojewels.com) cannot therefore be held responsible for any delays or omissions in crediting the refund amount, for which the user must contact the service provider directly.

9.8 In the case of payment via PayPal where provided on the Website, the user will be redirected to the website www.paypal.com where they will pay for the Products according to the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with Rosanio di Milton Rosanio (rosaniojewels.com). Rosanio di Milton Rosanio (rosaniojewels.com) is therefore unable to know and does not store in any way the credit card data linked to the user's PayPal account or the data of any other payment instrument connected to that account.

9.9 In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user simultaneously with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user ("Refund Amount") will be credited to the user's PayPal account. The crediting times to the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the credit order has been issued in favor of that account, Rosanio di Milton Rosanio (rosaniojewels.com) cannot be held responsible for any delays or omissions in crediting the Refund Amount to the user, for which the user must contact PayPal directly.

9.10 In order to guarantee the security of payments made on the Website and prevent any fraud, Rosanio di Milton Rosanio (rosaniojewels.com) reserves the right to ask the user, via email, to send, via the same means, a front/back copy of their valid identity card, and, if the order holder is different from the credit card or PayPal account holder, the latter's identity card; it is also possible that Rosanio di Milton Rosanio (rosaniojewels.com) may request, alternatively or in addition to the foregoing, the authorization code relating to the transaction of the order placed by the user. The request email will specify the deadline within which the document must reach Rosanio di Milton Rosanio (rosaniojewels.com). This deadline will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested information and/or document, the order will be suspended. The user is required to send the requested information and/or documents within the indicated deadline.
If Rosanio di Milton Rosanio (rosaniojewels.com) does not receive such information and/or documents within the deadline specified in the request email or receives incorrect or incomplete information and/or expired or invalid documents, the contract will be considered terminated by law pursuant to and for the effects of art. 1456 of the Italian Civil Code and the order consequently canceled, without prejudice to Rosanio di Milton Rosanio (rosaniojewels.com)'s right to compensation for any damage it may incur due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified by email, no later than 5 working days from the expiry of the deadline for sending the information and/or documents requested by Rosanio di Milton Rosanio (rosaniojewels.com), will result in the cancellation of the order and the refund of the Total Amount Due eventually already paid by the user, with the application of the refund methods provided for in these GTC, where compatible. In the event of Rosanio di Milton Rosanio (rosaniojewels.com) receiving valid information and/or documentation within the indicated deadline, the delivery terms applicable to the Product will run from the date of receipt thereof.

9.11 The buyer agrees to receive tax receipts and slips exclusively in electronic format. In any case, the commercial invoice will be issued at the time of shipment and will be sent by e-mail to the user, to the address they have registered.

Art. 10 – Product Delivery and Shipments

10.1 Rosanio di Milton Rosanio (rosaniojewels.com) ships throughout Italy, excluding territories that will be indicated on the Website from time to time.

10.2 Rosanio di Milton Rosanio (rosaniojewels.com) will only deliver to the user's address, provided at the time of purchase. However, if the user has chosen to collect the product at an Authorized Point of Sale, they will be notified by email or by telephone (call or message) of the day they can go for collection.

10.3 Delivery is generally made within twenty working days, or, if no delivery date is specified, within the estimated time at the time of selecting the delivery method and, in any case, within a maximum of thirty days from the confirmation date.

10.4 If delivery is not possible, the order will be sent to the indicated courier's warehouse. In such an event, a notice will specify the location of the order and how to arrange a new delivery.

10.5 If it is not possible for the customer to be at the delivery location at the agreed time, the customer will be asked via e-mail to contact Rosanio di Milton Rosanio (rosaniojewels.com) again to arrange a new delivery date.

10.6 If delivery cannot take place for reasons not attributable to Rosanio di Milton Rosanio (rosaniojewels.com) after thirty days from the date on which the order is available for delivery, the contract will be deemed terminated, unless a further agreement is reached before the expiry of the said term to establish a new non-extendable collection deadline (to be agreed in writing, including by e-mail) between the user and Rosanio di Milton Rosanio (rosaniojewels.com).

10.7 As a result of the termination referred to in article 10.6 above, the amounts paid will be retained by Rosanio di Milton Rosanio (rosaniojewels.com) as compensation for damages, including delivery costs. Transport costs resulting from the termination of the contract may incur additional costs which will be borne by the buyer.

10.8 Shipping costs are borne by the buyer and are explicitly highlighted when placing the order.

10.9 Rosanio di Milton Rosanio (rosaniojewels.com) offers customers a safe and fast delivery service via express courier (UPS, BRT and GLS or Poste Italiane spa or another trusted courier). The customer is informed of the shipment of their package via an email. All shipments are trackable after dispatch from the warehouse.

10.10 The shipping price is separately indicated in the virtual cart section and more precisely in the purchase order and is a single rate. No shipping cost is applied if the user decides to collect the purchased product(s) at the Enabled Point of Sale. If it is not possible to apply the single rate, the shipping price will still be indicated in the aforementioned purchase order.

10.11 If the courier (Bartolini) BRT is used, it guarantees delivery of the product within 1/3 working days (deliveries to disadvantaged areas may take up to 5 working days). It makes 2 delivery attempts. After the second attempt, if the package could not be delivered, it will be held at the nearest Bartolini branch to the user for a period of 10 days. If the package is not collected within this period, it will be returned to the sender.

10.11.1 If the courier UPS is used, it guarantees delivery of the shipment within 1/2 working days (deliveries to disadvantaged areas may take up to 5 working days), making 2 delivery attempts. After the second attempt, if the package could not be delivered, it will be kept at the nearest UPS branch to the user for a period of 2 days. If the package is not collected within this period, it will be returned to the sender.

10.11.2 In the event that the GLS courier is used, it guarantees delivery of the shipment within 6 working days, making 2 delivery attempts. After the second attempt, if the package could not be delivered, it will be held at the nearest GLS branch to the user for a period of 4 days. If the package is not collected within this period, it will be returned to the sender.

10.11.3 It is possible to ship the order abroad, to the countries that will be indicated on the Website from time to time; Therefore, where possible, it will be necessary to select the destination during the order process in the field dedicated to BILLING DETAILS. Shipping is carried out with the courier partner of the chosen country or with Poste Italiane spa, and delivery times will necessarily follow the timing of the carrier used from time to time. The cost of international shipping is calculated in relation to the weight of the package and indicated before order confirmation in the appropriate form.

10.11.4 In any case, orders not delivered by couriers can still be re-sent upon request and agreement with Rosanio di Milton Rosanio (rosaniojewels.com) and the user. To obtain a new shipment, the user must contact Rosanio di Milton Rosanio (rosaniojewels.com) by email at the following address: orders@rosaniojewels.com. For the new shipment with the same courier, new shipping costs will be charged.

10.11.5 The courier (third-party company) is responsible for ensuring the good condition of the package at the time of delivery. Therefore, these conditions are not attributable to the service provided by Rosanio di Milton Rosanio (rosaniojewels.com). In the event that the goods are delivered in suboptimal or damaged condition, the user must "refuse" or "accept with reservation of inspection and dispute" the goods from the courier.

10.12 In case of problems with the delivery of ordered goods (delivery delays, loss of goods by the carrier, or damaged shipment), the user, in addition to contacting the courier handling the shipment, must contact Rosanio di Milton Rosanio (rosaniojewels.com) by email at the following address: orders@rosaniojewels.com.

Art. 11 – Purchase Orders and Passing of Risk, Product Replacement

11.1 Rosanio di Milton Rosanio (rosaniojewels.com) will ship the Products only after receiving confirmation of successful payment of the Total Amount Due by the user. The risk of loss or damage to the Products for reasons not attributable to Rosanio di Milton Rosanio (rosaniojewels.com) will be transferred to the user when the latter, or a third party designated by him and different from the carrier, physically takes possession of the Products. Therefore, the risks related to the products will pass to the buyer from the moment of delivery.

11.2 The Products will remain the property of Rosanio di Milton Rosanio (rosaniojewels.com) until the user has paid the Total Amount Due. In the event that the Total Amount Due is not paid or the successful payment is not confirmed, the purchase contract will be terminated by law pursuant to and for the purposes of art. 1456 of the Civil Code, without prejudice to the provisions of art. 9.6.1 (agreement for payment by bank transfer). The user will be notified by e-mail of the termination of the contract and the consequent cancellation of the order.

11.3. Product Replacement.

11.3.1 Rosanio di Milton Rosanio (rosaniojewels.com) reserves the right to allow the user to replace the product. However, product replacement cannot be granted if: (i) it is a Custom Made product; (ii) the product chosen for replacement has a lower cost than the product to be replaced. The replacement of the product, even if it does not fall into the aforementioned categories, is at the sole discretion of Rosanio di Milton Rosanio (rosaniojewels.com).

11.3.2 Notwithstanding the provisions of Article 11.3.1 above, if Rosanio di Milton Rosanio (rosaniojewels.com) allows product replacement, if the user requests it, it can only occur after purchase and receipt by the user of the Product to be replaced. Product replacement – without prejudice to the rights the user may enjoy under the law, and, in particular, pursuant to subsequent Articles 12, 13 and 14 of these General Conditions of Sale – will in any case only be possible within 7 days from the date on which the purchased Product was delivered to the user, and provided that: (i) the returned Product is intact, as well as complete with any accessories, labels, leaflets, and placed in its original packaging, together with a copy of the purchase invoice and the exchange form referred to in the following paragraph, completed in all its parts, and (ii) the Product requested by the user in replacement of the purchased one is available from Rosanio di Milton Rosanio (rosaniojewels.com).

11.3.3 To make the replacement referred to in the preceding paragraph, the user must follow the procedure described in the document containing the exchange form and the related replacement instructions that will be provided from time to time by Rosanio di Milton Rosanio (rosaniojewels.com); If the replacement procedure is successful, Rosanio di Milton Rosanio (rosaniojewels.com) will:

(i) without undue delay, and in any case within 30 working days from the moment it receives the package containing the Product being returned, re-credit the user with the Total Amount Due (excluding delivery costs, if applicable, and any other additional costs, as resulting from the order) paid by the user in relation to the returned Product. The re-credit will be made using the same payment method used for the initial purchase, and the user will receive an email confirming the refund;
(ii) once the package containing the Product the user wishes to replace is received, Rosanio di Milton Rosanio (rosaniojewels.com) will deliver the chosen replacement Product to the user, within the delivery times and with the effective date indicated in these General Conditions of Sale;
(iii) when the requested replacement Product is shipped by Rosanio di Milton Rosanio (rosaniojewels.com) to the user, it will charge the user the price of that Product (which must be equal to or greater than that of the initially purchased Product, as provided in Article 11.3.1 above) on the same payment method used for the initial purchase;
(iv) if possible, Rosanio di Milton Rosanio (rosaniojewels.com) instead of refunding the entire price of the replaced product, may retain the money collected for the payment of the purchased product or charge the price difference with the replaced one. At the time of shipment, a shipping confirmation email will also be sent to the user.

Art. 12 – Warranty and Commercial Conformity

12.1. All products sold by Rosanio di Milton Rosanio (rosaniojewels.com) are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of Legislative Decree no. 206/2005 ("Consumer Code") ("Legal Guarantee").

12.2 To whom it applies

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

12.3 When it applies

The seller (and, therefore, for purchases made on the rosaniojewels.com Website) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which manifests itself within two years from such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless proven otherwise, it is presumed that the defects of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of conformity. From the seventh month after the delivery of the product, it will instead be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same.

12.4. In order to benefit from the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purpose of such proof, to keep the purchase invoice, which Rosanio di Milton Rosanio (rosaniojewels.com) sends them, as well as the delivery note or any other document that can attest to the date of purchase (for example, the credit card statement or bank statement) and the date of delivery.

N.B.: THE LEGAL GUARANTEE WILL NOT APPLY IN THE EVENT THAT THE PRODUCT IS THE SUBJECT OF NEGLIGENCE, MISTREATMENT OR IMPROPER USE.

12.5 What is a lack of conformity?

A lack of conformity exists when the purchased good:

(I) is not fit for the purpose for which goods of the same type are normally used;
(II) does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
(III) does not show the quality and performance normally found in goods of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or on the labeling;
(IV) is not fit for the particular use intended by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.

N.B.: Therefore, any breakdowns or malfunctions caused by accidental events or by the user's responsibility, or by a use of the product that is not in accordance with its intended purpose and/or with what is provided in the technical documentation attached to the product, and by negligence, are excluded from the scope of the Legal Guarantee.

12.6 Remedies available to the user

In case of a defect of conformity duly reported within the terms, the user has the right:

(I) primarily, to the free repair or replacement of the goods, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
(II) secondarily (i.e., if repair or replacement is impossible or excessively burdensome, or if repair or replacement has not been carried out within reasonable terms, or if the previously carried out repair or replacement has caused significant inconvenience to the consumer) to a reduction in price or termination of the contract, at their choice. The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to alternative remedies that can be pursued, taking into account:
- (i) the value the goods would have if there were no defect of conformity;
- (ii) the extent of the defect of conformity; the possibility that the alternative remedy can be pursued without significant inconvenience to the consumer.

12.7 What to do in case of a lack of conformity

In the event that a product purchased on the Website, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the user must contact Customer Service, where provided, or Rosanio di Milton Rosanio (rosaniojewels.com), at the addresses indicated in these General Conditions of Sale or by clicking on the appropriate section of the Website under "CONTACTS". Customer Service or Rosanio di Milton Rosanio (rosaniojewels.com) will promptly respond to the communication, indicating the procedure to follow to the user.

N.B.: The Product cannot be sent directly to Rosanio di Milton Rosanio (rosaniojewels.com) without prior agreement with the seller.

The Product for which the user complains of a lack of conformity must be sent to Rosanio di Milton Rosanio, who will verify the existence or not of the alleged defect, at the following address:

Rosanio di Milton Rosanio
Registered Office – Via Sicilia, 74 09045
Quartu Sant’Elena (CA) – Italy
Italy

To return the Product for which the user complains of a lack of conformity, Rosanio di Milton Rosanio makes available to the user, at the latter's discretion and without prejudice to the right to follow the return procedure with a carrier of the user's choice, the prepaid return procedure by means of a courier identified by Rosanio di Milton Rosanio.

In any case, the user will be required to attach the purchase invoice and/or the delivery note or other document proving the date of purchase and the date of delivery to the product.

Art. 13 – Manufacturer's Conventional Warranty

13.1. Products sold on the Website may, depending on their nature, be covered by a conventional warranty issued by the manufacturer ("Conventional Warranty"). The user may assert this warranty only against the manufacturer. The duration, scope (including territorial), conditions and methods of use, types of damage/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Warranty is voluntary and does not add to, replace, limit, prejudice, or exclude the Legal Warranty.

Art. 14 – Right of Withdrawal

14.1.1 Withdrawal from the Contract by the Customer.

The user who qualifies as a consumer has the right to withdraw from the contract for the purchase of the Product, without having to provide any reason, within fourteen (14) calendar days. The withdrawal period ("Withdrawal Period") expires after 14 days:

a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products; or...
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product.

14.1.2 To exercise the right of withdrawal, the user must inform Rosanio di Milton Rosanio (rosaniojewels.com), before the expiry of the Withdrawal Period, of their decision to withdraw.

14.1.3 To this end, the user must send Rosanio di Milton Rosanio a written declaration using the appropriate form downloadable from the Website in which they state their decision to withdraw from the contract, indicating:

i) their personal details;
ii) the order number executed;
iii) the SKU code indicated in the order summary document following the purchase of the Product(s) for which they intend to exercise the right of withdrawal;
(iv) their address (“Withdrawal Declaration”).

14.1.4 It is in the user's interest to use a durable medium for the “Withdrawal Declaration” since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user.

14.1.5 Following the exercise of the right of withdrawal, the user must return the Products to Rosanio di Milton Rosanio, without undue delay and in any case no later than 14 calendar days from the date on which they notified Rosanio di Milton Rosanio of their decision to withdraw; the Product is considered returned when it is delivered, within the aforementioned period, to the courier indicated by Rosanio di Milton Rosanio, or, if possible, to the courier chosen by the user, or to an Authorized Retail Store in the territory. (“Return Period”). For the return, the user must follow the procedure indicated in subsequent article 14.1.6, as well as in the instructions made available to the user both on the Website, before the conclusion of the contract, and attached to the order confirmation email (“Standard Withdrawal Instructions”).

14.1.6 Within the “Return Period”:

(i) the user who returns the Product from the same country in which the Product was delivered to them, as shown in the order confirmation email (e.g., if the user – regardless of their nationality, place of residence or establishment – requested that the product be delivered to Italy, the prepaid return procedure referred to in this paragraph can only be used if the collection location of the Product subject to withdrawal is in Italy), must return it, suitably protected and packaged, via the courier provided by Rosanio di Milton Rosanio, attaching to the packaging of the Product to be returned the label that Rosanio di Milton Rosanio will provide to the user after receiving the “Withdrawal Declaration” (“Courier Label”). Once the user receives the Courier Label, they can contact the courier, whose details are indicated in the Standard Withdrawal Instructions, to arrange the date and place of package collection. In this case, the user will be responsible for paying the costs of returning the Product and will not bear the risks of loss or damage to the Product during shipment (“Prepaid Return”).
(ii) the user who returns the Product from a country different from the one (indicated in the order confirmation email) where delivery took place or, even if from the same country, but with a courier of their choice, must return it, suitably protected and packaged and under their own responsibility, using a carrier of their choice and at their own expense, including any customs costs (“Return via Own Carrier”), by shipping it to the following address:
Rosanio di Milton Rosanio
Registered Office – Via Sicilia,74 09045
Quartu Sant’Elena (CA) – Italy
Italy

14.2.1 As an alternative to the methods of exercising the right of withdrawal and returning the Products referred to in articles 14.1.6 above, the user (regardless of their nationality, place of residence or establishment) who returns the Product from the same country in which the Product was delivered to them can:

a) after exercising the right of withdrawal within the Withdrawal Period, by submitting the Withdrawal Declaration in the manner indicated in articles 14.1.1 et seq. above, return the Product to one of the Authorized Retail Stores indicated in the Standard Withdrawal Instructions and on the Website, within the Return Period, making sure to bring a copy of the Withdrawal Declaration completed and sent to Rosanio di Milton Rosanio;
b) exercise the right of withdrawal directly at the Authorized Retail Store, within the Withdrawal Period, by using and delivering to the same the pre-filled and signed Withdrawal Declaration, with the possibility of returning the Product to the same Authorized Retail Store, at the same time as exercising the right of withdrawal or subsequently, always within the Return Period (14 days). In order to avail themselves of the withdrawal method provided here, the user must present to the Authorized Retail Store:
- (i) the purchase invoice received with the product shipment confirmation email;
- (ii) the sent Withdrawal Declaration; and if applicable, the Courier label provided to the user along with the intact and packaged Product.

14.2.2 With reference to the exercise of the right of withdrawal at an Authorized Retail Store and the return to the Authorized Retail Store of the Product for which the user has already exercised or intends to exercise the right of withdrawal, as provided for in article 14.2.1 above, the following is specified:

(I) if the user wishes to exercise the right of withdrawal at the Authorized Retail Store, they must go to the Authorized Retail Store with the Withdrawal Declaration already completed and signed, as the Authorized Retail Store employee cannot print and have the user sign any form and/or declaration of withdrawal on site;
(II) the exercise of withdrawal and/or the return of the Product in the manner set forth in article 14.2.1 above are permitted only at Authorized Retail Stores; stores other than Authorized Retail Stores are not authorized to accept withdrawals and returns;
(III) articles 14.3, 14.4, 14.5, 14.6 and 14.7 below shall also fully apply in the case of exercising the right of withdrawal and/or returning the Product at an Authorized Retail Store; consequently, if the withdrawal has been exercised in accordance with applicable law, Rosanio di Milton Rosanio will refund the Total Due amount (calculated as indicated in subsequent articles 14.3 and 14.4 and according to the timing governed in said articles) using the same means of payment used by the user for the initial transaction, unless Rosanio di Milton Rosanio and the user have expressly agreed otherwise. In any case, cash refunds are excluded;
(IV) the Authorized Retail Store, before accepting the return, must verify the existence of the acceptance conditions as specified in subsequent article 14.5; if, in its judgment, it does not find them, it will not be able to accept the return of the Product;
(V) the Authorized Retail Store will issue the user a copy of the Withdrawal Declaration submitted by the user, which will serve as a receipt, acknowledging receipt of the Product, from which the date of exercise of the right of withdrawal and/or, as the case may be, of return of the Product will be apparent, with the stamp and signature of the employee.

14.3. If the user withdraws from the contract, Rosanio di Milton Rosanio will refund the Total Due amount paid by the user for the Product, excluding delivery costs, charging any product return costs, without undue delay and in any case no later than 14 calendar days from the day on which Rosanio di Milton Rosanio was informed of the user's decision to withdraw from the contract. The refund amount will be communicated by email. The refund will be made using the same means of payment used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not incur any costs as a consequence of such refund. The value date of the credit will be the date of the credit itself.

14.4. The user is solely responsible for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and instruction leaflets, with identifying tags and labels, where present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

14.5. In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not lead to the termination of the contract and, consequently, will not entitle to any refund. Rosanio di Milton Rosanio (rosaniojewels.com) will notify the user within 7 working days of receipt of the Product, rejecting the withdrawal request. The Product, if already received by Rosanio di Milton Rosanio, will remain with the latter at the user's disposal for collection, which must take place at the user's expense and under their own responsibility.

14.7 In the event that, due to one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be provided either on the Product Sheet or during the purchase process, before the user proceeds with submitting the order. The right of withdrawal, in any case, does not apply to Custom Made Products (see art. 7.4.1).

14.8 Withdrawal from the Contract by Rosanio di Milton Rosanio

Rosanio di Milton Rosanio (rosaniojewels.com) exercises the right to withdraw from the contract for legal reasons, but also in the event that:

(i) the agreed purchase price is not paid correctly and on time by the customer;
(ii) if due to incorrect information provided by the seller, the agreed purchase price, availability, discounts or promotions can no longer be met as agreed with the customer;
(iii) if, due to force majeure or third parties, the goods cannot be delivered under the agreed conditions. The following cases (purely by way of example and not exhaustive) are considered critical circumstances leading to the cancellation of the order:
- (i) problems related to the identification, properties, and availability of the goods;
- (ii) problems with the identification of the buyer, the purchase price;
- (iii) problems related to the amount and methods of any application of discounts or other promotions;
- (iv) problems related to the payment method and delivery methods.

Art. 15 – Complaints and Contacts

It is possible to request information, send communications, request assistance or submit complaints by contacting Rosanio di Milton Rosanio (rosaniojewels.com) or the “Customer Service” if available, in the following ways: by email to info@rosaniojewels.com or orders@rosaniojewels.com by filling out and sending the contact request form available in the “Contact Us” section of the Website; by phone, to Customer Service if available at the number, days and times provided in the specific Customer Service section of the Website; by mail, by writing to Rosanio di Milton Rosanio, Via Sicilia,74 , Quartu Sant’Elena (CA) 09045 – Italy. Rosanio di Milton Rosanio (rosaniojewels.com) will respond to complaints submitted within seven working days of receipt, by email.

Art. 16 – Data Processing

Buyer's data is processed in accordance with data protection regulations, as specified in the dedicated section containing the privacy policy pursuant to Article 13 of EU Regulation 2016/679 (Privacy Policy).

Art. 17 – Applicable Law and Jurisdiction

17.1 These General Terms and Conditions are governed by Italian law and interpreted accordingly, without prejudice to any overriding mandatory provisions of the buyer's country of habitual residence. Consequently, the interpretation, execution, and termination of these General Terms and Conditions are subject exclusively to Italian law.

17.2. Any disputes inherent in and/or arising from these terms shall be resolved exclusively by the Italian judicial authority. In particular, if the buyer qualifies as a Consumer, any disputes shall be resolved by the court of the place of the buyer's domicile or residence in accordance with applicable law.

17.3 In the event that the buyer is not a Consumer, while maintaining the exclusive applicability of Italian Jurisdiction, disputes inherent in and/or arising from these General Terms and Conditions shall be resolved exclusively by the Civil Court of Cagliari as the Exclusive Forum (Exclusive Competent Court).