BIG BEN di Clementi Daniela constantly aims at customer satisfaction; for this reason, the services and jewelry offered to our customers are carefully chosen to always guarantee originality and quality, an absolute prerogative in the company’s goals.
Subject matter of the online contract and its definition
The conclusion of the contract between Big Ben di Clementi Daniela and the Customer shall be considered concluded with the acceptance of the order by our company. Acceptance shall be deemed tacit unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Customer declares that he/she has read all the information provided to him/her during the purchase procedure, and fully accepts the general and payment conditions transcribed below. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability of BIG BEN di Clementi Daniela for direct or indirect damages to persons and/or property, caused by the non-acceptance of an order, is excluded. The following contract of on-line sale and purchase, is understood to be a type of distance contract and that is the legal transaction having as its object movable goods and/or services entered into between a supplier, BIG BEN di Clementi Daniela based in Rome, Via dei Sette Metri, 66F with VAT No. 08645160584 registered with the CCIAA of Rome and authorized by the Questura of Rome for the trade of precious objects on-line on the website: ” www.bigbenjewel.it” ; and a consumer/customer within the framework of a distance selling system called e-commerce organized by the supplier, taking advantage of Internet technology. All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address www.bigbenjewel.it , where, following the indicated procedures, the customer will come to conclude the contract for the purchase of the good. The customer, once the online purchase procedure is completed, will print or save an electronic copy and otherwise keep these general conditions of sale, in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance selling. The following are the conditions of sale that will remain effective until changed by the supplier. Any changes to the terms of sale will be effective from the time they are posted on the website www.bigbenjewel.it and will apply to sales made from that time forward. Therefore, the customer undertakes and is obliged, whenever there is a change in these general conditions, to ensure that they are printed and preserved.
It is absolutely forbidden for the purchaser to enter false, and/or fictitious data in the registration procedure necessary to activate towards him/her the process for the execution of this contract and its further communications; the personal data and e-mail must be exclusively his/her own real personal data and not of third persons, or fictitious. It is expressly forbidden to make multiple entries corresponding to the same person or to enter data of third persons. BIG BEN di Clementi Daniela reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers. The Customer indemnifies BIG BEN di Clementi Daniela from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the Customer, the Customer being solely responsible for their correct entry.
Orders
Orders are accepted only and exclusively through the Internet (online).
The customer who sends the order via the Internet will receive, at the end of the procedure, a notice of confirmation from the order, by electronic mail (E-mail), indicating the relevant order number.
Jewelry features
The buyer must, before ordering, become acquainted at www.bigbenjewel.it with the essential characteristics of the jewelry or jewelry he or she wishes to order.
Sale prices and purchase methods
The Customer may purchase only those products on the website www.bigbenjewel.it at the time of placing the order and viewable online, as described in the relevant information sheets.
It is understood that the image accompanying the description sheet of a product may not be perfectly representative of its characteristics but differ in color, size, etc.
The prices shown (displayed in euros) are those in effect at the time the purchase is made by the buyer.
Sale prices do not include shipping costs, which are considered as a supplement to the price of the purchased jewelry.
All sales prices of products displayed and indicated within the website www.bigbenjewel.it, for which they constitute an offer to the public pursuant to Art. 1336 c.c., are inclusive of VAT and any other tax; the cost of transport is duly highlighted on the appropriate page within the site that the customer will be forced to view in the stages of confirmation of the purchase; in case of delivery abroad will be borne by the customer any additional costs due to taxes or fees provided by the regulations in force in the State of destination. The purchase contract is finalized by the exact completion and consent to the purchase manifested through the membership given online. The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
BIG BEN di Clementi Daniela reserves the right to change its current rates at any time and when it deems necessary without prior notice.
Will be charged to the customer a contribution for shipping costs, where required, if clearly displayed before finalizing the order, varying in relation to weight, size and destination (on Italian territory or abroad) of the order itself. The purchase contract is finalized by the exact completion and consent to the purchase manifested through the accession given “on line”.
Payments
The amount of the charge must be paid at the time of the Buyer’s order; BIG BEN di Clementi Daniela will process the order and ship it within the time given. To settle their jewelry order, the Buyer has the only payment methods available on the site.
Contract execution and delivery method
Ordering
The buyer’s order must be confirmed by BIG BEN di Clementi Daniela by email. The sale, can be considered concluded only after BIG BEN di Clementi Daniela has sent to the buyer the confirmation of the order, which will have collected the full amount.
BIG BEN di Clementi Daniela will deliver to customers the products selected and ordered, in the manner set out, by couriers and / or forwarders of confidence. Delivery times may vary from the same day of the order to a maximum of seven working days, and will never, in any case, exceed those stipulated in Legislative Decree 206/05 (30 days order date). The above delivery times refer to products in stock at the time of the order. Delivery will be made by carriers mainly at street level. However, no liability can be attributed to the supplier for delayed or non-delivery attributable to force majeure or unforeseeable circumstances.
Delivery and reception
Products will be delivered to the Buyer’s address as reported in the order and accompanied by tax document.
Delivery will be by express courier: GLS
Order fulfillment can take 2 to 3 working days.
The estimated delivery time is 48 hours (2 working days) after the date of shipment. For Basilicata, Campania, Calabria, Puglia and the Islands, delivery may take 1-2 additional days. In case of delay, the Buyer should report the fact by email to our company in order to allow us to improve the quality of our services and undertake a search with the carrier.
In the event of degradation or loss and following our research, BIG BEN di Clementi Daniela will proceed at its own expense with a new shipment of the jewelry ordered by the Buyer, if available, or in agreement with other jewelry of equal value, only and exclusively in the case in which there is no discernible liability of the carrier (art. 1678 et seq. Civil Code) or the customer.
BIG BEN by Clementi Daniela delivers throughout Italy. Shipping costs are the responsibility of the buyer. In the case of international shipping, the request will be verified and shipping costs will be calculated and will be borne by the buyer.
Product availability
The customer may purchase the products indicated in the prepared electronic catalog (found at www.bigbenjewel.it ) and in the existing quantities in stock.
Responsibility
BIG BEN di Clementi Daniela assumes no responsibility for inefficiencies attributable to force majeure (such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, etc.), in case of end of stock or unavailability of the jewel, strikes of postal services and means of transport and/or communications and other similar events that would prevent, in whole or in part, to give execution in the agreed time to the contract. BIG BEN di Clementi Daniela shall not be liable to any party for damages, losses, and costs incurred as a result of the non-performance of the contract due to the above causes.
BIG BEN di Clementi Daniela is not responsible for any damage or loss, direct and/or indirect, arising from the sale of goods and services offered in the catalog published on the site, nor for the correspondence of the goods to the specifications published on the site, nor for any other fact not directly attributable to BIG BEN di Clementi Daniela.
BIG BEN di Clementi Daniela is released from any and all liability relating to the goods from the moment they are delivered without reservation to the carrier for transport.
Therefore, the Customer, from the moment he receives the damaged goods or requests their return to the carrier, has a direct and exclusive action against the carrier. The latter is also liable for the delay in delivery of the goods to the consignee.
BIG BEN di Clementi Daniela is not responsible for any fraudulent and illicit use that may be made by Third Parties, of credit cards and other means of payment, when purchasing products, not being, at any time during the purchase process, able to know the buyer’s credit card number, which, through a secure connection, is transmitted directly to the manager of the banking service.
Guarantees and modes of assistance
BIG BEN di Clementi Daniela markets high quality products, covered by a warranty of 24 months from the date of purchase, but are excluded, from the same, interventions due to improper use of the object (collision, impact, wear from rubbing/chemicals, etc.) that the seller reserves the right to evaluate and consider or not as a factory defect.
BIG BEN di Clementi Daniela directly handles the warranty return, and the consecutive return phase. To enable you to track your product at said stage, the customer should request the product order number by contacting by phone
In any case, the relevant regulations and how the guarantee is applied are as indicated and highlighted. The returned goods under warranty will be sent by BIG BEN di Clementi Daniela to the address indicated by the customer. If the customer wishes to change his or her address during shipment, he or she must inform BIG BEN di Clementi Daniela in the time necessary for us to make the necessary arrangements. Otherwise, BIG BEN di Clementi Daniela cannot be held responsible for non-performance of the contract.
Obligations of the buyer
The customer agrees and undertakes, once the online purchase procedure is completed, to print and keep these general conditions, which, moreover, will have already viewed and accepted as a compulsory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition of Legislative Decree 206/05. It is strictly forbidden for the buyer to enter false, and / or invented, and / or fictitious data in the registration procedure necessary to activate against him the process for the execution of this contract and its further communications; personal data and e-mail must be exclusively his own real personal data and not of third persons, or fictitious. BIG BEN di Clementi Daniela reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
Right of withdrawal
The customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of 14 days (Legislative Decree 21) starting for goods from the day of their receipt, for services from the day of the conclusion of the online contract.
To make any return, the Buyer must follow the following instructions:
1. Send an e-mail to resi@bigbenjewel.it ;
2. Return the entirety of the order (including the certificate of authenticity, packaging and the jewelry);
3. Return the package.
Any risk associated with jewelry returns such as loss, degradation, or theft is the responsibility of the Buyer.
The withdrawal must be manifested by sending within the aforementioned period of 7 days a registered letter with acknowledgement of receipt to the following address BIG BEN di Clementi Daniela via dei Sette Metri, 66F Within the same period, a fax can be sent to num. 0679847529 or an email to resi@bigbenjewel.it which must be followed within 48 hours by the above-mentioned registered letter with acknowledgment of receipt confirming the manifested withdrawal.
Once the above notice of withdrawal has been received, BIG BEN di Clementi Daniela will notify the customer with instructions on how to return the goods.
Within the aforementioned period of 7 days, the goods purchased and subject to return must be returned to the sender-supplier, undamaged and in their original packaging accompanied by any manuals, without any deficiencies. The cost of return will be borne by the customer. BIG BEN di Clementi Daniela will forward the full amount (excluding shipping costs) paid by the customer within the period of 30 days from the date of receipt of the shipped goods by the customer, subject to any costs of recovery for damages assessed to the goods.
However, the right of withdrawal is subject to the following conditions:
1. the right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
2. the purchased goods must be intact and returned in original packaging, complete in all its parts (including packaging and any documentation and ancillary equipment); to limit damage to the original package, we recommend that it be placed in a second box; should be avoided in all cases the attachment of labels or adhesive tapes directly on the original packaging of the product;
3. in accordance with the law, the shipping costs related to the return of the goods shall be borne by the customer; delivery costs to the customer and any other incidental costs highlighted at the time of placing the order will also not be reimbursed; the shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the customer;
BIG BEN di Clementi Daniela is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments; upon its arrival at the warehouse, the product will be examined to assess any damage or tampering. If the packaging and / or the original packaging are damaged, BIG BEN di Clementi Daniela will deduct from the refund due a percentage, but no more than 10% of it, as a contribution to the costs of restoration.
Without prejudice to any repair costs for ascertained damage to the original packaging, BIG BEN di Clementi Daniela will refund the customer the full amount already paid(excluding shipping costs), within 30 days from the return of the goods, by transfer of the amount charged to the Credit Card or by Bank Transfer. In the latter case, it will be the customer’s responsibility to promptly provide the bank details on which to obtain the refund (IBAN code of the invoice holder).
The right of withdrawal lapses totally, for lack of the essential condition of integrity of the good (packaging and / or its contents), in cases where BIG BEN di Clementi Daniela ascertains:
1. the non-diligent use of the asset that has compromised its integrity, or the use of any consumables;
2. the lack of the original outer packaging and/or inner packaging;
3. the absence of integral elements of the product (accessories, manuals, parts, …);
4. damage to the product.
In the case of forfeiture of the right of withdrawal, the goods will remain at the premises of BIG BEN di Clementi Daniela, available to the Customer for collection at His expense.
Contract termination and express termination clause
BIG BEN di Clementi Daniela has the right to terminate the contract entered into by giving simple notice to the customer with adequate and justified reasons; in this case the customer will be entitled only to a refund of any amount already paid. The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes by the means provided, are of an essential nature, so that by express agreement, the failure by the Customer to comply with only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial pronouncement, without prejudice to the right for BIG BEN di Clementi Daniela to take legal action for compensation for further damage.
Jurisdiction and venue
Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into online through the website www.bigbenjewel.it is subject to Italian jurisdiction; these general conditions refer, as far as not expressly provided therein, to the combined provisions of Legislative Decree No. 50 of 15.1.1992 and Legislative Decree D.Lgs 206/05. The Court of Rome shall have jurisdiction over any dispute between the parties regarding this contract.
Technical information
BIG BEN di Clementi Daniela reserves the right to change/adapt the technical and dimensional information of the products in the catalog at its discretion, even without any prior notice.
Product availability
Product availability is clearly visible, via a counter, from the product catalog posted at www.bigbenjewel.it. There may be cases that a purchase does not go through because being an online store the availability may reach 0 at the time when a person is finishing the purchase process.
Risk and ownership
Goods are shipped carriage paid, insured and charged to the invoice; in the event that the goods are shipped carriage paid, at the customer’s instruction, the risk is to be considered borne by the customer from the delivery of the goods from its warehouses to the carrier.
Upon delivery of the goods, the customer must check the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document (DDT).
The Customer in the event of obvious damage has the burden of affixing reserves to the carrier, with respect to the things transported at the time of delivery by the carrier, under penalty of forfeiture. In case of partial loss or damage not recognizable at the time of delivery, the Customer must report under penalty of forfeiture the damage as soon as it becomes known no later than eight days after receipt (Art. 1698 Civil Code).
In case of discrepancies, the same must be reported on the same accompanying document and confirmed, within seven days to the number (0679847529) by fax, or by email, and always in any case and inescapably by registered mail with return receipt, to BIG BEN di Clementi Daniela. Although the packaging is intact, the goods must be verified by BIG BEN di Clementi Daniela within seven days of receipt.
Any hidden anomalies, must be reported in writing by registered mail with return receipt no later than 7 days after discovery. Any report beyond the above deadlines will not be considered. For each statement, the client assumes full responsibility for what is stated.
In the event that, within 7 days of delivery of the purchased goods, defects of conformity with the contract appear, the Customer has the right to turn to BIG BEN di Clementi Daniela, requesting, at its option, the repair or replacement of the good, unless the remedy requested is objectively impossible or excessively expensive compared to the other, or, if the conditions exist, the reduction of the price or termination of the contract; the communication must be made by registered mail with return receipt, to the reference commercial BIG BEN di Clementi Daniela.
BIG BEN di Clementi Daniela, where its own responsibility can be discerned, will, at its own expense, provide for the withdrawal of the product, after, unavoidable, communication of the order code.
BIG BEN di Clementi Daniela reserves the right to charge the customer for any expenses incurred for the verification of the product and for its shipment, if it is found to be intact and functional or lacking the conformity defect complained of and referable to the date of delivery, contrary to what was declared by the customer.
Conditions of sale BIG BEN