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Terms of Sales

Terms and conditions
1. OBJECT

The following terms and conditions (“Conditions of sale”) will apply to all sales of products branded PENSIERI FELICI that the “Customer” can order from LOWELL Srl, based in Modena, Via G. Cassiani, 173 post code 41122 (hereinafter simply LOWELL or the Seller) by accessing the website identified by the domain name www.pensierifelici.it (the “Website”).
These Conditions of Sale apply only to purchases made on the Website.

The Conditions of Sale applicable to orders forwarded through the Website are those in force at the time the order is placed. When you check the “I accept” box in the order confirmation section of the website, before placing your order, you confirm that you fully understand and accept these Terms of Sale. In case of refusal of these Conditions of sale, you can not order any product from the website.

Anyone wishing to use the website will be deemed, by virtue of their use, to have accepted the Privacy Policy, which is to be considered an integral part of these Terms of Sale.

2. WHO CAN MAKE PURCHASES
Only those who:
  • have reached the age of majority (eighteen years in Italy) can make purchases
  • have the legal capacity to stipulate contracts
  • have his/her place of residence or domicile in Italy or in one of the EU countries.
If you are underage or unable to stipulate a contract by law, a parent or legal guardian shall place the order in your name and accept these Terms of Sale. Any order placed in breach of this provision will be void.
3. AVAILABILITY OF THE PRODUCT

All orders placed on the website are subject to the availability and acceptance by LOWELL, which reserves the right to change the range of items offered on the website.
The Customer Service and the product pages on the Website provide all the information relating to the products currently on sale through these channels.

4. PERSONAL INFORMATION
In order to place an order on the website, the Customer will be required to provide valid and up-to-date personal information, including name, surname, residential address, ZIP code, tax code and e-mail address.
5. ORDERS

If you wish to place orders on the Website, the order placed will be managed as indicated below.
The information relating to the products, with the relative product codes are available on the website, the information is provided in compliance with articles 52 and 53 of the Consumer Code.
Once you have chosen a product, you will have to click on “add to cart” to add the product to your cart. You can then proceed to purchase additional products and add them to your cart or proceed with the purchase by clicking on the “chekout” button. It will also be possible to remove one or more products from your cart.
Before proceeding to purchase the products by sending the order form, the customer will be asked to carefully read the Conditions of Sale, to print, save or reproduce a copy for personal use.
The order form will be filed in LOWELL database for the period of time required to process your order and as provided by law.
Customer will also be asked, when completing the purchase to provide other personal information, including the billing address, the shipping address if different from the billing address, the tax code and payment details. The Customer guarantees that all personal information provided is true and correct. Please see the Privacy Policy for further information on how LOWELL uses, and for how long it holds, the personal information provided.

6. PRICES, TAXES AND SHIPPING COSTS
All prices shown on the website are inclusive of VAT, but net of shipping costs and other charges. All the prices are expressed in Euro. Shipping costs and VAT will be indicated separately on the order form and will also be shown on the order receipt and on the invoice. The actual VAT applied to purchases will be calculated at the time of Order Confirmation (as defined in Clause 10).
7. CHECKING AND CONFIRMATION BY THE CUSTOMER
Il Cliente è tenuto a verificare attentamente tutti i dettagli prima di procedere, ivi compresi, senza limitazione, i dettagli di ogni acquisto.
Una volta effettuata una verifica attenta dell’ordine, il cliente dovrà spuntare la casella posta accanto a “Ho letto i termini e le condizioni generali e li accetto” per confermare l’accettazione globale e vincolante delle Condizioni di vendita e poi cliccare sul pulsante “effettuare l’ordine ” per procedere all’acquisto.
Con l’effettuazione dell’ordine, LOWELL si impegna ad evadere i prodotti che il Cliente ha collocato nel carrello. Fatta salva indicazione contraria in queste Condizioni di vendita, LOWELL si riserva il diritto di rifiutare, cancellare e annullare gli ordini in qualsiasi momento per ragioni legittime.
8. PAYMENT

The Customer can select a payment method from those available on the Site following the confirmation by the Customer of the intention to continue with the order placement.
Credit / debit card holders are subject to verification of validation and authorization by the issuer of the card or payment service chosen. If the issuer of the payment card denies the payment authorization to LOWELL, it will be the Customer’s responsibility to contact the issuer to solve the problem.
If payment is made by credit card, financial information (such as the credit/debit card number or expiry date) will be encrypted and sent by Lowell to the bank circuit that provides the relevant electronic payment services, without third parties having any access to them anyway.
The billing address must be in one of the countries indicated in above mentioned Clause 2. Orders with a billing address outside one of the countries listed in Clause 2 will not be accepted.
After placing the order and selecting the payment method, LOWELL will wait for the payment to be received before proceeding with the order.

9. SECURITY LOWELL
commits to protect the Customer’s personal information for the entire online sales process. However, it is not possible to guarantee the security and integrity of the data transmitted to the website and therefore LOWELL shall not be liable for damages or losses deriving from the use of the Internet, such as hacking (illicit intrusion to information systems).
10. NOTICE OF ORDER RECEIPT AND ORDER CONFIRMATION

In compliance with the provisions of Article 53 of the Consumer Code, when confirming the order, LOWELL will send the Customer, by e-mail, a summary of the Conditions of Sale, information on the essential characteristics of the purchased products, the detailed indication of the price, information on delivery costs, information on the conditions and methods of exercising the right of withdrawal, the address to which complaints may be filed, information on support services and on existing commercial guarantees. The Customer shall immediately verify the content of the communication and immediately report any errors or omissions to LOWELL.
The order receipt notice will contain an order reference number attributed by LOWELL. Once received, the Customer shall carefully read the Conditions of Sale and keep the Reference Number of the Order for possible research on it.

The Seller reserves the right to refuse the order, if the Customer has not respected the purchase procedure, has not accepted the General Conditions of Sale or if he/she does not provide all the data required for shipping and invoicing or in any case if the payment has not been carried out, i.e. if the bank does not authorize the payment, in case of selection of credit card payment method, or if the payment is not proceeded within three (3) working days after the despatch of order confirmation, in case of selection of bank transfer payment method, or if the payment has not been correctly received by the seller, in case of selection of the Pay Pal method.

11. SHIPPING LOWELL
LOWELL only accepts orders for deliveries to addresses located in one of the countries listed in Clause 2. Delivery costs are shown in the order form and will be added to the price of the purchased products. The delivery costs and estimated delivery time will be indicated on the website before ordering and summarized in the order confirmation. LOWELL will do its utmost to guarantee the delivery by courier within the delivery time provided with the order confirmation and in any case no later than 7 working days from order confirmation for customers resident in Italy and 30 working days for customers resident in one of the countries of the European Union.
12. INVOICES
Following the order processing, LOWELL will issue the related invoice, which will be sent together with the product if the billing address matches the destination address; otherwise the invoice will be sent via e-mail to the billing address.
13. RIGHT OF WITHDRAWAL OF THE CUSTOMER

The Customer may exercise the right of withdrawal by sending the withdrawal form or an email to the address [email protected], within 14 working days from the day of receipt of the purchased products specifying the order number, the product for which the Customer intends to exercise the right of withdrawal, his/her billing information and an e-mail address to be contacted.
The customer will be contacted, via email, by Lowell customer service that will coordinate the return procedure and the management of the refund procedures. The collection of the products to be returned will take place at the customer’s home by appointed by Lowell courier with insured shipping to be paid by the customer.
The refund will be include the price paid for the product and the initial shipping costs. Shipping costs incurred by Lowell for the product collection, amounting the same as the insured shipment of the product, will not be refunded. The right of withdrawal is exercised correctly if the following conditions are met:

  • sending an e-mail within fourteen (14) working days from the date on which the Customer received the products with all the required information;
  • the products must not have been used or damaged;
  • the products must be delivered to the appointed by Lowell courier in their original packaging and in the same packaging received when the products were delivered;
  • the returned products must absolutely be handed over to the courier chosen and sent by the Seller;

After LOWELL has received the return and checked that all the requirements have been met, Lowell will send an e-mail confirming acceptance of the return. The refund will be activated by bank transfer as soon as possible, and in any case within 14 days from the date on which the seller is informed of the client’s decision to withdraw from the contract.
The return procedure is considered concluded upon receipt by the customer of the credit note equal to the amount of the purchase invoice, less the collection costs of the return, which are charged to the customer, and the receipt of the return bank transfer.

14. WARRANTY LOWELL
LOWELL guarantees the originality of the design, the quality of the materials and the craftsmanship of every jewel branded PENSIERI FELICI. Every production and packaging phase of PENSIERI FELICI jewels is guaranteed 100% Made in Italy. PENSIERI FELICI jewels are made of 925/000 silver, 18Kt gold, and diamonds and natural stones if present. Lowell guarantees the jewel for a period of two years from the date of delivery for any lack of conformity. Any defective part due to a manufacturing defect, duly verified by Lowell’s technical service, shall be replaced free of charge. The warranty is not applicable in case of improper or incorrect use, repairs by third parties, negligence, damage caused by collisions or accidents, normal wear of the product and / or its parts. In this regard, on the website, under the heading “Maintenance”, there are specific advice for the care of PENSIERI FELICI jewelry. In order to benefit from the guarantee, the customer shall contact Lowell Customer Service, at www.pensierifelici.it/en/warranty-and-made, by sending an e-mail to [email protected] in which there shall be specified the order number, the product for which you intend to exercise the warranty, the lack of conformity, a copy of the invoice and an e-mail address to be contacted. The Seller shall contact the Customer to coordinate the verification of the defective product by his Technical Service. In the event that Lowell ascertains the existence of a defect and is obliged to replace the jewel or its defective part, Lowell will send an email to the customer to coordinate the collection and replacement procedure through the courier appointed by the Seller. Lowell shall replace the jewell, when necessary, within 30 days following despatch of the email confirming the replacement of the defective part to the customer. Any shipment outside the warranty conditions will be charged to the customer. The sale of Products is covered by the legal safeguards laid down in Articles 129, 130 and 132 of the Consumer Code.
15. AFTER-SALES SERVICE LOWELL

LOWELL guarantees after-sales service. For any request or question related to repairs, contact Customer Service by sending an e-mail to [email protected].
Lowell undertakes to contact the customer within 7 (seven) working days to coordinate and communicate methods, times and costs for the assistance.
The costs for after-sales assistance outside the case regulated by art. 14 (Warranty) shall be entirely borne by the customer.

16. INTELLECTUAL PROPERTY RIGHTS
The brand “PENSIERI FELICI”, as well as all intellectual property rights relating to products and packaging are and remain an exclusive property of the company LOWELL Srl.
17. APPLICABLE LAW AND DISPUTE SOLUTIONS

The General Conditions of Sale are governed by the Italian law and in particular by Legislative Decree dated September 6, 2005 no. 206, regarding consumer regulations, with specific reference to regulations on distance contracts and by Legislative Decree dated April 9, 2003 no. 70 regarding certain aspects of electronic commerce.
Any dispute arising from the interpretation, validity and/or execution of these Terms and Conditions shall be referred to the mandatory jurisdiction of the courts of the customer’s place of residence or domicile, if located in the territory of the State.

18. CONTACTS

For further information and assistance on the website or on how to purchase online, the Customer can contact LOWELL Srl based in Modena, via G. Cassiani, n. 173, chap. 41122; by telephone at n. 059 450050 or to the e-mail address: [email protected]

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