General conditions of sale and Terms and Conditions

GENERAL PREMISES

The General Conditions of Sale shown on this web page refer to and regulate the offer of products and the sale and purchase of the same made on the site  www.patriziasantamaria.com, managed by Santamaria Patrizia, VAT number 09083521006, registered in the Rome Company Register no. 1215037.

It is important to read these General Conditions of Sale carefully before proceeding with the electronic transmission of the product order form through www.patriziasantamaria.com Together with the Privacy Policy gdpr 679/2016 of this e-commerce activity and the Conditions of Use of the site, in fact, the Conditions govern the contractual relationship with reference to the purchase of products made through the site www.patriziasantamaria.com.

Santamaria Patrizia reserves the right to unilaterally modify and at its sole discretion, in compliance with current legislation, the General Conditions of Sale defined herein, with immediate effect on the offers presented and on the transactions carried out after such modification; you are therefore invited to check them regularly, before each purchase.

The changes made will be given contextual communication with a special banner which will be inserted with suitable visibility on the home page of the site www.patriziasantamaria.com.

As specified below in the illustration of the Commercial Policy of this e-commerce activity, the products offered for sale and the e-commerce activity carried out on and through www.patriziasantamaria.com, are intended exclusively for end users of the site who are "Consumers", over 18 (eighteen) years of age, and are domiciled in Italy, in Member States of the European Union and anywhere in the world.

In case you are interested in purchasing the products offered on the site www.patriziasantamaria.com or to others of the products of Santamaria Patrizia and you are not a "Consumer", you are not domiciled in Italy, in Member States of the European Union and you still wish to request the shipment of the products themselves outside the European Union, you are invited to take directly contact the employees in charge of Santamaria Patrizia at the following address e-mail: [email protected], in order to define the terms and conditions of sale, the shipping costs and the applicable VAT and billing regime on the basis of the specific case.

In any case, if you request the delivery of Santamaria Patrizia products outside the European Union, any costs relating to import taxes and/or customs duties will remain at your expense.

Also for the purposes of the provisions of art. 6, par. 2 of Reg. 593/2008/EC and without prejudice to the provisions of par. 1 of the same article and the second part of par. 2 itself – where applicable – as well as for the purposes and within the limits set out in article 5, par. 2 of the Rome Convention of 19 June 1980 (Conv. 80/934/EEC) – where the same is instead applicable –, purchases are governed by current Italian legislation and in particular by Legislative Decree no. 206/2005 (Consumer Code) and by Legislative Decree n.185/99 (implementation of Dir. 97/7/CE relating to the protection of consumers in the matter of remote contracts), as well as by Legislative Decree n. 70/2003 on certain aspects concerning electronic commerce and by the Vienna Convention of 11 April 1980 (ratified by Law no. 765/1985) regarding the international sale of goods. The protection of the confidentiality of personal data is guaranteed in accordance with the legislation referred to in Legislative Decree no. 196/2003 – Consolidated Data Privacy Act, as well as Dir. 95/46/EC and Dir. 2002/58/ EC, as updated by directive 2009/136/EC, regarding cookies.

In the event of disputes arising from these General Conditions of Sale and from the execution of the same, the court competent to settle them in civil proceedings will be that of Rome (I), without prejudice to the provisions of articles 15-17 of Reg. 44/2000/EC, where applicable, also pursuant to the Agreement between Denmark and the European Community of 19 October 2005 (GUCE n. L 299/61 of 16 November 2005).

By confirming the electronic transmission of the order form, you will confirm that you have read online and accept these General Conditions of Sale. Furthermore - if you have chosen the direct payment method via PayPal - you will authorize us to have you debited, as soon as the contract is concluded, the total amount indicated on the order, in addition to the contribution for the shipping costs (including VAT at 22% (twenty-two percent); if you decide to have a single piece commissioned or order an existing piece with any variant, you will have to contact the Patrizia Santamaria company via email, pay the 50% of the total amount already established by prior agreement with a suitable estimate sent via email, and once the commission is finished, the balance will be paid by bank transfer (which will be communicated to you via email).Only after receiving confirmation from the bank of the Patrizia Santamaria company, will it be possible to send the object to its destination.

Finally, in no case will the provisions of these General Conditions or their modifications have any effect on your mandatory rights.

1. COMMERCIAL POLICY

1.1 The products offered for sale and the e-commerce activity carried out on and through www.patriziasantamaria.com, are intended exclusively for end users of the site who are "Consumers", over 18 (eighteen) years of age, domiciled in Italy, in Member States of the European Union.

1.2 The "Consumer" must be understood as any natural person who acts on www.patriziasantamaria.com for purposes not related to one's commercial, entrepreneurial or professional activity, possibly carried out. In case you are interested in purchasing the products offered on the site www.patriziasantamaria.com or others of Santamaria Patrizia products and you are not a "Consumer" or domiciled outside the European Union or in any case wish to request the shipment of the products themselves outside the European Union, you are invited to directly contact the persons in charge of Santamaria Patrizia at the following address e-mail:  [email protected], in order to define the terms and conditions of sale, the shipping costs and the applicable VAT and invoicing regime on the basis of the specific case; in this case, you are also requested to refrain from making direct purchases through the site www.patriziasantamaria.com and the General Conditions of Sale presented here cannot be considered extended to any purchases made by you in violation of this warning, if in your favor in derogation from the applicable legal provisions in force. In consideration of its Commercial Policy, in any case, Santamaria Patrizia reserves the right not to process orders from subjects other than "Consumers", over 18 (eighteen) years of age, domiciled in Italy, in Member States of the European Union Union, or in any case to orders that do not comply with its Commercial Policy, if identified.

1.3 These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products on www.patriziasantamaria.com among users of www.patriziasantamaria.com by Santamaria Patrizia.

1.4 The General Conditions of Sale do not regulate the supply of services or the sale of products by subjects other than Santamaria Patrizia. that are present on www.patriziasantamaria.com via links, banners or other hyperlinks. You are advised, before placing orders and purchasing products and services from parties other than Santamaria Patrizia, to check their conditions of sale, because Santamaria Patrizia is not and cannot be held responsible for the provision of services by third parties other than the company itself or the conclusion of e-commerce transactions between users of www.patriziasantamaria.com and third parties.

2. CONTRACT FORMATION

2.1 To form and conclude the purchase contract for one or more products onwww.patriziasantamaria.com, you will have to fill in the order form in electronic format and send it to Santamaria Patrizia electronically, upon acceptance of the proposal presented on the site, following the instructions in point 2.3.

2.2 The language available to conclude the contract with Santamaria Patrizia is Italian.

2.3 The compilation and transmission of online order forms will be carried out in the following ways:

1. a) When you decide to make a purchase, you will need to click on "Add to cart" to add the selected product to your cart. It will then be necessary to click on "Checkout" and complete the compilation and transmission of the shipping data and payment methods.
2. b) In case you want to create an account on the site patriziasantamaria.com, you will be able to access the Reserved Area of the site, using your personal data, your e-mail address and a password. You are required to keep the password confidential and not to disclose it by sharing it with third parties. Santamaria Patrizia ensures a security procedure for password recovery for subsequent purchases in case you forget it; in order to speed up future purchase operations, however, you should take note of the access credentials. You will then be asked to enter your residential address; however, it is possible to indicate a different delivery address after logging in. If the delivery address is outside the European Union, you are invited to directly contact the responsible staff of Santamaria Patrizia at the following address e-mail:  [email protected], in order to define the terms and conditions of sale, the shipping costs and the applicable VAT and billing regime on the basis of the specific case. In the case of already registered users, access to the Reserved Area takes place by entering the registration data in your possession.
3. c) Upon entering the checkout area, you will be asked to indicate an email address, the name of the recipient of the delivery, the billing and shipping address; based on the address provided, the system will automatically calculate the amount of the shipping costs.
4. the summary of the Conditions of Sale applicable to the contract (including the geographical address of the Santamaria Patrizia office to which you can submit complaints pursuant to Section 9 of the Conditions and information on existing guarantees and assistance service set out in Sections 3 and 10);
5. detailed indications relating to the price including shipping costs (both inclusive of VAT at 22% (twenty-two per cent); and the methods of payment and delivery.

Before confirming, you are therefore invited to read these indications carefully and to print a copy for your personal use.

1. d) Santamaria Patrizia accepts orders within the limits of the quantities in stock, reserving the right not to proceed with the sale if the products are no longer available. In case of out of stock, it will take about 10 days (excluding holidays), and in the case of jewels with stones to be set from 15 to 20 days. These times are due to the fact that the products are entirely handmade.

If the chosen product is not available, at the time of confirmation of the transmission, the unavailability of the same will be indicated by a specific disclaimer, preventing you from proceeding with the transmission until the order form is modified, therefore the possibility of proceeding with the transmission in a shorter time the request must be made via email.

In any case, Santamaria Patrizia declines all responsibility for errors or omissions in updating the site regarding the availability of products for orders relating to the transfer of which the contract has not yet been concluded.

1. e) In order for the transmission to be completed, you will also be asked to verify and confirm the correctness of the order (of which the unit cost of each product will be summarized (all inclusive of VAT at 22% (twenty-two percent), and - if of multiple purchases – the total cost (also inclusive of VAT at 22% (twenty-two per cent). You will also be asked to ascertain and – again – confirm the accuracy of the buyer's personal, payment and billing details and of the address of residence of the same, as well as - if different - of the name and address of the recipient of the delivery.
2. f) It will be your responsibility to verify the accuracy of the order before completing the transmission.
3. g) If you identify any errors after transmission, please promptly contact the employees in charge of Santamaria Patrizia at the following address e-mail: [email protected] .
4. h) In any case, by completing the electronic transmission of the order form, it will be definitively confirmed by you that you have viewed online and accepted these General Conditions of Sale. Furthermore – if you have chosen the direct payment method via PayPal – you will authorize us to have you debited, as soon as the contract is concluded, the total amount indicated on the order (all inclusive of VAT at 22% (twenty-two percent)). In no case can you expect Santamaria Patrizia to proceed with the completion of the delivery before full payment of said amounts has been made according to the methods indicated in Section 5 of the Conditions.
5. i) Starting from that moment, you may therefore be charged for the payment authorized by you for the order and the relative contribution for the shipping costs (both inclusive of VAT at 22% (twenty-two percent); everything will be charged to you through the PayPal system .

2.4 The order form received will be filed in the Santamaria Patrizia database for the period of time necessary to process the relative order and in any case in accordance with the law. You can access your order form by consulting the "Orders" section of the Reserved Area of the site.

2.5 As specified in point 2.3, with the electronic transmission of the order form, you will unconditionally accept and undertake to observe these General Conditions of Sale in relations with Santamaria Patrizia. You are invited to read them carefully and to print a copy for your personal use. If you do not agree with some of the terms contained in the Conditions, you are invited not to send the order form for the purchase of the products on www.patriziasantamaria.com.

2.6 By submitting the order form you will also confirm that you know and accept the additional information contained in www.patriziasantamaria.com, also referred to via links, including the Terms of Use, the Privacy Policy gdpr 679/2016 and the Information on the Right of Withdrawal. As for the Conditions, you are invited to read them carefully and to print a copy for your personal use. If you do not agree with some of the terms contained therein, you are invited not to send the order form for the purchase of products on www.patriziasantamaria.com.

3. WARRANTIES

3.1 Up www.patriziasantamaria.com only original products designed for and whose economic exploitation rights are owned (even not exclusively) by Santamaria Patrizia are offered for sale.

3.2 Santamaria Patrizia does not sell through www.patriziasantamaria.com used, irregular or substandard products offered on the market through their own alternative sales channels.

3.3 The images and colors of the products offered for sale on www.patriziasantamaria.com may not correspond to the real ones due to the Internet browser and monitor used. In addition, some items on the site may appear slightly larger or smaller than actual size because the images have been resized to fit your screen or because of the photographic techniques used. In the case of resized images, the products or parts of them may be depicted larger than the actual size in order to clearly show the details, or smaller in order to show the whole article. Finally, the photos of the objects are purely indicative, since they are handcrafted products: mostly unique pieces made by hand and without the aid of industrial equipment, moreover, since they are bronze and not a noble metal, the material could oxidize as this is a process natural of metals that contain copper.

3.4 The seller's guarantee applies to the products purchased, as required by applicable legislation. This guarantee will apply to products that present lack of conformity that cannot be detected at the time of purchase, provided that the product itself is used correctly and with due diligence, i.e. in compliance with its intended purpose. Taking into consideration what is specified in points 3.1, 3.2 and 3.3 above, you are therefore required to examine the products upon receipt to verify any non-compliance and possible defects or damage.

3.5 Without prejudice to the guarantees referred to in point 3.4 and the other implicit guarantees provided by law, Santamaria Patrizia does not offer further guarantees on its products.

4. PRICE

4.1 The sale price of the products displayed on www.patriziasantamaria.com is inclusive of VAT at 22% (twenty-two per cent).

4.2 The amount of the contribution for shipping costs displayed once the address of the recipient of the delivery and the method of delivery itself has been indicated, according to the parameters defined below in Section 6, will also include VAT at 22% (twenty-two percent). of the Conditions.

4.3 In any case, if you request the delivery of Santamaria Patrizia products outside the European Union, any costs relating to import taxes and/or customs duties will remain your responsibility.

4.4 The prices of the products displayed are updated every 10 (ten) working days and could therefore be subject to unilateral changes by Santamaria Patrizia, which reserves the right to apply such changes even in the period of time between an update and the following in the event of fluctuations in the price of metals. You are therefore in any case invited to ascertain the final sale price, which will be indicated during the check out phase of the e-shop cart, before electronic transmission of the relevant order form. In any case, Santamaria Patrizia declines all responsibility for errors or omissions in updating the site regarding the prices of the products for orders relating to the transfer of which the contract has not yet been concluded.

5. PAYMENTS

5.1 The PayPal system will be available to you as a method for paying the price of the products and the contribution for the shipping costs:

1. a) By choosing to pay with PayPal, upon confirmation of the correctness of the order you will be directed to the appropriate payment page. The relative amount will be charged to your PayPal account upon confirmation of receipt of the order form by Santamaria Patrizia.

5.2 At no time during the various payment procedures referred to in letter a) of point 5.1 above will Santamaria Patrizia be able to know your relevant financial information: as there is no transmission of data, there will be no possibility that these data will be intercepted. No computer archive of Santamaria Patrizia will therefore be able to contain or store such information.

6. SHIPPING AND DELIVERY OF PRODUCTS

6.1 In the following points you will find information on the specific shipping and delivery methods for the products purchased. You are invited to pay attention to what is contained therein, because it is an integral and substantial part of these General Terms and Conditions of Sale and, therefore, will be deemed to be fully known and accepted by you from the moment of electronic transmission of the order form.

6.2 Orders placed directly through the site www.patriziasantamaria.com they can be sent to Italy, to the Member States of the European Union and to the rest of the world. The products will be sent by DHL courier. The goods will be delivered to the courier approximately within 1/3 (one/three) working days of purchase, and delivery will take place:

1. a) If made with standard shipping: within a further 1/2 (one/two) working days for Italy, at a cost of 10 euros (ten/euro); for Italy including Sicily and Sardinia, the cost of shipping will be €10.00 (ten/00 euros) (including VAT at 22% (twenty-two percent) and delivery will be made within 3 days of the order; for islands and smaller towns the cost will increase by €17.00 (seventeen/00) and for delivery to disadvantaged areas (the list of zip codes for which this charge is applied is available on the DHL website (www.dhlservices.it/offerte. ) will increase by €5.00 (five/00). Delivery times will range from 3 to 5 days.

For the rest of the European Union, the cost of shipping will instead be €20.00 (twenty/00 euros) (including VAT at 22% (twenty-two percent) only for the Member States of the European Union.

For Switzerland and Norway the cost will be 30 euros (thirty/euro).

For the United States the cost will be 30 euros (thirty/euro).

For Zone 1, 2, 3, 4: the cost is 20 euros (twenty/euro) including VAT.

For Zone 5: the cost is 30 euros (thirty/euro)

For Zone 6: 30 euros (thirty/euro)

For Zone 7: 50 euros (fifty/euro)

For Zone 8: 55 euros (fifty-five/euro)

For zone 9: 60 euros (sixty/euro)

For Zone 10: 62 euros (sixty-two/euro)

In any case and for any other information, you can consult the price lists on the website www.dhlservices.it/offerte in the DHL EXPRESS DOMESTIC and DHL EXPRESS WORLDWIDE boxes.

6.3 The delivery times indicated in point 6.2 above are indicative and are in no way binding for Santamaria Patrizia.; may vary in consideration of the order placed (for example for the immediate availability of the product already assembled according to the specifications or for the request for particular customizations) or for other reasons depending on the courier in charge of the shipment. Santamaria Patrizia, while trying to comply with the terms indicated in point 6.2 above, is in fact unable to indicate an exact delivery date, guaranteeing it.

6.4 In any case, in the event that the delivery is not completed:

7. a) within 30 (thirty) working days from the conclusion of the contract, if payment by PayPal has been chosen; you may withdraw from the order, according to the procedures set out in Section 7 of the Conditions, and Santamaria Patrizia will reimburse any amount already paid pursuant to Section 8, except in the case of personalized products, as better specified in point 7.9.

6.5 Upon delivery, you will be required to check that the package is intact and corresponds to what is described in the accompanying document. In the event that there is no correspondence between the order and the delivery, you can avail yourself of the right of withdrawal referred to in Section 7 of the Conditions.

6.6 If you are not domiciled in Italy, in Member States of the European Union and in any case wish to request the shipment of products outside the European Union, you are invited to directly contact the responsible staff of Santamaria Patrizia at the following address

e-mail: [email protected], in order to define the terms and conditions of sale, the shipping costs and the applicable VAT and invoicing regime on the basis of the specific case.

9. COMPLAINTS

9.1 The geographical address of the Santamaria Patrizia office to which you can submit complaints pursuant to art. 53, co.1, lett. b) of Legislative Decree no. 206/2005 is Via Taramelli Torquato 6, 00197 Rome (Rm).

9.2 Again pursuant to art. 53, co.1, lett. b) of Legislative Decree no. 206/2005, of the address referred to in point 9.1 above, confirmation will be given to you in writing in the order form and in the e-mail confirming receipt of the order form itself sent to you by Santamaria Patrizia once the electronic transmission has been completed.

10. ASSISTANCE

10.1 You may request any further information on the General Conditions of Sale or on the products purchased from the Santamaria Patrizia Assistance Service, by contacting the designated personnel at the following e-mail address: [email protected]. (active, except holidays).

11. ADDITIONAL RELEVANT INFORMATION

11.1 In case you wish to request customizations of the products you are about to purchase, the following procedure must be followed before proceeding with the completion of the transmission of the order form:

1. a) First of all, you must contact the persons in charge of Santamaria Patrizia at the following e-mail address: [email protected], indicating the registration account from which you are about to place the order, the name of the account holder and his residence address (in order to allow an initial verification of the applicant's identity).
2. b) In case of customization of a product, a deposit equal to 50% (fifty percent) of the total amount, agreed and confirmed by e-mail to [email protected], will be requested.
3. c) In the hypothesis of several products of the same model in close temporal orders, you are also required to specify the recipients of the individual deliveries, if different, in order to avoid possible exchanges in the shipments, for which Santamaria Patrizia declines as of now any responsibility in the event of failure to point out on your part.
4. d) Once the customization that can be made to the indicated model has been defined, the personnel in charge of Santamaria Patrizia will summarize the technical specifications of the requested modification, as well as the possible cost of the same (including VAT at 22% (twenty-two percent), by e-mail, forwarding it to the registration address (in order to allow a second and final verification of the applicant's identity).
5. e) You are required to carefully check the content of said communication and – if it corresponds to the solution agreed upon by you – to reply to you with an e-mail message from the same address to which the request was made.
6. f) If the summarized specifications do not, in your opinion, correspond to those agreed, you will not have to proceed with the completion of the transmission, but contact the employees in charge of Santamaria Patrizia again, always at the above addresses, in order to resolve any errors or misunderstandings .

11.2 The prices of the products displayed are updated every 10 (ten) working days and could therefore be subject to unilateral changes by Santamaria Patrizia, which reserves the right to apply such changes even in the period of time between an update and the following in the event of fluctuations in the general price of metals. You are therefore invited to ascertain the final sale price, which will be indicated when checking out the e-shop trolley, before sending the relative order form electronically. In any case, Santamaria Patrizia declines all responsibility for errors or omissions in updating the site regarding the prices of the products for orders relating to the transfer of which the contract has not yet been concluded.

11.3 Santamaria Patrizia accepts orders within the limits of the quantities existing in the warehouse, reserving the right not to proceed with the sale due to any finished stocks; therefore the possibility of proceeding with the transmission of the order form will remain subject to the actual availability of the products in the warehouse. If the chosen product is not available, at the time of confirmation of the transmission, the unavailability of the same will be indicated by a specific disclaimer, preventing the transmission from proceeding until the order form is modified with products available in the warehouse. In any case, Santamaria Patrizia declines all responsibility for errors or omissions in updating the site regarding the availability of products for orders relating to the transfer of which the contract has not yet been concluded.

In the event that stocks have run out, it is possible by sending an e-mail to the address [email protected], make a request for further supply, respecting the technical times necessary for production as indicated in point 2.3/d).

12. PRIVACY

12.1 You can obtain information on the processing of your personal data by consulting the Privacy Policy gdpr 679/2016.

12.2 You are also invited to read the General Conditions of Use of the site www.patriziasantamaria.com, because they contain important information on the processing of users' personal data and on the security systems adopted.

12.3 For any other information on the Privacy Policy gdpr 679/2016 you can send requests to the following e-mail address: [email protected].

13. APPLICABLE LAW AND DISPUTE SETTLEMENT

13.1 Also for the purposes of the provisions of art. 6, par. 2 of Reg. 593/2008/EC and without prejudice to the provisions of par. 1 of the same article and the second part of par. 2 itself – where applicable – as well as for the purposes and within the limits set out in article 5, par. 2 of the Rome Convention of 19 June 1980 (Conv. 80/934/EEC) – where the same is instead applicable –, purchases are governed by current Italian legislation and in particular by Legislative Decree no. 206/2005 (Consumer Code) and by Legislative Decree n.185/99 (implementation of Dir. 97/7/CE relating to the protection of consumers in the matter of remote contracts), as well as by Legislative Decree n. 70/2003 on certain aspects concerning electronic commerce and by the Vienna Convention of 11 April 1980 (ratified by Law no. 765/1985) concerning the international sale of goods. The protection of the confidentiality of personal data is guaranteed in accordance with the legislation referred to in Legislative Decree no.

196/2003 – Consolidated Text on Data Privacy, as well as Dir. 95/46/CE and Dir. 2002/58/CE, as updated by directive 2009/136/CE, regarding cookies.

13.2

If you are not domiciled in Italy or request delivery outside Italy, it should be noted that there may be specific laws in the country where you are domiciled or in which you request delivery in relation to what can be sold, exported, purchased or imported in the country itself, or which regulate the methods of registering certain goods or the need to obtain certain licenses and authorizations from the competent authorities. Santamaria Patrizia does not have the possibility to verify the laws and regulations of each of the countries in which you are domiciled or where you ask for the delivery to be made, therefore you yourself will be exclusively responsible for verifying the laws and regulations from time to time. applicable and in order to the compliance of your actions with the same.

13.3

In the event of disputes arising from the General Conditions of Sale and from the execution of the same, the court competent to settle them in civil proceedings will be that of Rome (I), without prejudice to the provisions of articles 15-17 of Reg. 44/2000/EC, where applicable, also pursuant to the Agreement between Denmark and the European Community of 19 October 2005 (GUCE n. L

299/61 of 16 November 2005).

13.4 In no case will the provisions of these General Conditions affect your mandatory rights.

14. MODIFICATION AND UPDATE

14.1 Santamaria Patrizia reserves the right to unilaterally modify and at its sole discretion, in compliance with current legislation, the General Conditions of Sale defined herein, with immediate effect on the offers presented and on the transactions carried out after such modification; you are therefore invited to check them regularly, before each purchase. The changes made will be given contextual communication with a special banner which will be inserted with suitable visibility on the home page of the site www.patriziasantamaria.com.

14.2 It is recommended to print a copy of these General Conditions of Sale for your future information.

14.3 In no case will modifications to these General Terms and Conditions of Sale affect your mandatory rights.

ODR

Pursuant to and by effect of art. 14 of EU regulation n.524/2013, we inform consumers residing in countries belonging to the European Union that for the resolution of disputes relating to this contract and the online services offered by this site, there is the alternative possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided for by the European Commission, and reachable at the following link: https://webgate.ec.europa.eu/odr/.
In compliance with the provisions of the aforementioned legislation, we also inform you that the Patrizia Santamaria e-mail address is [email protected]