Terms of service

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1. GENERAL PROVISIONS

(a) The terms and conditions indicated below (the "General Terms and Conditions of Sale") form an integral part of the contracts concluded between the Seller and the Buyer for the supply of the Seller's products (the "products").

(b) The General Terms and Conditions of Sale apply to all commercial transactions concluded between the Seller and the Buyer without the need for an express reference to them or a specific agreement at the conclusion of each individual transaction. Any different condition or term shall only apply if confirmed in writing by the Seller.

(c) Sales on this site will be carried out by:

Befumo Fatima Maria Stella
Registered Office: Via Francesco Crispi n° 2
98071 Capo d'Orlando (ME)

VAT Number: IT 01720440831
Tax Code: BFMFMM65L64A638E
REA Number: ME - 152420

2. OFFERS AND ORDERS

(a) These General Terms and Conditions of Sale govern the offer, shipment, and acceptance of purchase orders for products on this website and do not govern the provision of services or the sale of products by entities other than the Seller present on the same site through links, banners, or other hyperlinks.

(b) The Seller's offers are not binding, particularly with regard to quantities, prices, and delivery terms.

(c) Orders placed by the Buyer are not considered accepted until they have been confirmed in writing by the Seller. If the Seller does not provide written confirmation of an order, the issuance of the invoice or the execution of the order by the Seller will be considered as confirmation.

(d) To conclude the purchase contract, it is necessary to complete the electronic form and submit it following the relevant instructions.

3. PRICES AND PAYMENT TERMS

(a) Taxes, fees, and any after-sales service are not included in the prices as they are quoted separately.

(b) Shipping and insurance costs are indicated separately.

(c) Payment can be made by credit card or by bank transfer to the account specified at the time of purchase.

(d) If the Buyer fails to make payment within the terms and in the manner indicated by the Seller, or if the Buyer's business is conducted not in accordance with the ordinary course of business, including, without limitation, the issuance of seizure acts or protests, or when payments are delayed or insolvency proceedings are requested or initiated, the Seller has the right, at its discretion, to suspend or cancel further deliveries and declare any claims arising from the business relationship as immediately due. Furthermore, the Seller may in such cases require advance payments or a security deposit.

(e) The Buyer has no right to make offsets, withholdings, or reductions unless their claim in this regard has been definitively and judicially upheld.

4. DELIVERY TERMS

(a) Unless otherwise agreed in writing, any delivery term indicated is not binding on the Seller. Unless explicitly requested urgently by the Buyer, the Seller will evaluate the delivery term on a case-by-case basis depending on the type of order and the availability of items in stock. For delivery delays exceeding 30 days, the Seller will inform the Buyer of the indicative delivery term.

(b) The Seller reserves the right to make partial deliveries. 

(c) Any liability for non-delivery or delayed delivery due to force majeure or other unforeseeable events not attributable to the Seller, including, without limitation, strikes, lockouts, orders of public authorities, subsequent blockages of export or import possibilities, considering their duration and scope, release the Seller from the obligation to meet any agreed delivery term.

5. ACCEPTANCE OF PRODUCTS

(a) Upon taking delivery of the products, the Buyer must immediately:

  • Verify the quantities and packaging of the products and record any objections on the delivery note;
  • Check the conformity of the products with the order and record any discrepancies on the delivery note.

(b) In case of defects, the Buyer must follow the following procedures and terms:

  • Notification must be made within no more than 15 (fifteen) working days from the date of taking delivery of the products by the Buyer. If the claim concerns a defect that, despite the initial inspection, remained hidden, the claim must be made as soon as possible by the end of the working day on which the defect was discovered and, in any case, no later than 2 (two) weeks from the date of taking delivery of the products;
  • The detailed notification must be sent in writing to the Seller within the above-mentioned terms. Any communication made by phone is not accepted;
  • The notification must clearly specify the type and amount of the alleged defects.

(c) No claim regarding quantity, quality, type, and packaging of the products may be made except through the communication recorded on the delivery note, in accordance with the above procedure.

(d) Any product for which no claim has been raised in accordance with the procedures and terms indicated above is considered approved and accepted by the Buyer, except as provided in the following article concerning the right of withdrawal.

6. RIGHT OF WITHDRAWAL

Pursuant to Art. 64 of Legislative Decree no. 206/2005, the Customer has the right to withdraw from the contract without penalty and without specifying the reason within 14 working days from the date of receipt of the products.

To exercise the right of withdrawal, the Customer must send an email to shop@gioielleriabefumo.it or call the number +39 0941 918141. The communication must indicate the intention to exercise the right of withdrawal, the products for which the right is to be exercised, and the order number issued at the time of purchase. The communication must be sent within 14 working days.

7. WARRANTY TERMS

(a) The Seller warrants that the products are free from defects and conform to the technical specifications declared by the Seller.

(b) The warranty applies only to products used in environments and for applications consistent with the specifications declared by the Seller; any improper use is prohibited.

(c) The warranty will not be valid if the issue or anomaly is due to improper or unsuitable applications for the product, or if it is not compliant with commissioning. Any unauthorized modification or replacement of parts of the product by the Seller releases the Seller from civil and criminal liability, thereby voiding the warranty. The warranty does not cover normal wear parts.

(d) For further Warranty Terms, please refer to the "Quality Warranties" that accompany the sale of each product.

8. LIMITATION OF LIABILITY

(a) Except in cases of justified claims raised in accordance with the provisions of the previous article 5, the Buyer is not entitled to any further rights or remedies. In particular, the Seller is not liable for any compensation requested for breach of contract, for any direct damage or loss of profit suffered by the Buyer as a result of the use, non-use, or installation of the products in other products, except in cases covered by the warranty indicated in paragraph 6 or in cases of willful misconduct or gross negligence by the Seller.

(b) The Seller will do everything in its power to deliver the products within the agreed terms, but in no case will it be held liable for damages directly or indirectly caused by the delayed execution of a contract or the delayed delivery of products.

(c) Catalogs, price lists, or other promotional materials of the Seller constitute only an indication of the type of products and prices, and the indications contained therein are not binding on the Seller. The Seller assumes no responsibility for errors or omissions contained in its price lists or promotional materials.

9. RETENTION OF TITLE

The products supplied remain the full property of the Seller until the Buyer has paid the full price of the same and all amounts due to the Seller. Until such time, the Buyer retains the products as a fiduciary holder of the Seller and must store the products adequately.

10. INTELLECTUAL PROPERTY

(a) The Customer expressly acknowledges that the trademarks, trade names, or other distinctive signs affixed to the goods are the exclusive property of the Seller or their respective owners and may not be altered, modified, removed, or deleted in any way. The Customer has the limited right to use the trademarks, trade names, or other distinctive signs, as well as any other industrial property rights or productive and commercial know-how incorporated in the goods, which remain the exclusive property of the Seller, solely and exclusively for the purpose of reselling the goods to the public. Any different use of the Seller's intellectual property by the Customer, unless expressly authorized by the Seller in writing, will be considered a violation of the aforementioned exclusive rights of the Seller, including under contractual liability, and will be duly prosecuted.

11. PROCESSING OF PERSONAL DATA

(a) The Buyer's personal data will be processed according to the provisions of Italian law on the processing of personal data. The Seller informs the Buyer that it is the data controller and that the Buyer's personal data are collected and processed solely for the execution of this agreement. The Buyer has the right to request the Seller to update, rectify, integrate, delete, and anonymize their data.

12. APPLICABLE LAW

(a) These General Terms and Conditions of Sale and all contracts concluded are governed by Italian law.

13. JURISDICTION

(a) Any dispute arising between the parties as a result of the interpretation, validity, or execution of these General Terms and Conditions of Sale and the related contracts concluded will be submitted to the exclusive jurisdiction of the Court of Patti (ME).

(b) It is understood that only the Seller, at its discretion, may waive the exclusive jurisdiction of the court mentioned in the previous paragraph (a) to take legal action against the Buyer at their domicile and the competent court there.

14. FINAL PROVISIONS

(a) The invalidity in whole or in part of individual provisions of these General Terms and Conditions of Sale does not affect the validity of the remaining provisions.

(b) These General Terms and Conditions of Sale are drafted in Italian and English. In case of interpretative doubts, the Italian version will prevail.