Terms of service
Online buying and selling of goods
The Buyer expressly declares to make the purchase for purposes unrelated to commercial or professional activity.
The buyer also declares to have full capacity to act and to enter into the purchase contract for the products on the basis of this online sales contract.The Seller cannot in any way be required to verify the ability to act of visitors and / or buyers of the Seller's website.
In the event that a person is not having the necessary capacity to act (for example a minor) places an order on the Seller's website, without prejudice to the responsibility of third parties (e.g. parents and legal guardians, curators, etc.) for this order and the relative payment, the Seller may refuse to accept the order.
This contract, available on the website listed below, must be carefully examined by the buyer before completing the purchase procedure of the Products through the website itself.
Any fraudulent order will be considered null and void.
The assets covered by these general conditions are offered for sale by Luxuryinstock di Simone Cossu, with headquarters in Brescia - 25127 - Via Chiusure 109, registered with the Brescia Chamber of Commerce under no. BS - 550484 (Rea) of the Business Register, CF CSSSMN70E28B157Y and VAT no. 03623340985 hereinafter referred to as "Seller", certified e-mail address firstname.lastname@example.org, email@example.com
1.1. With the expression "online sales contract" (in short: contract), we mean the sales contract relating to the tangible movable property of the Seller, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Seller.
1.2. The expression "Buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression "Seller" means the person indicated in the epigraph.
1.4 The term “Parties” will also be used if the Seller and the Buyer are appointed jointly.
1.5 "Website" means the electronic system made available to the Seller to make the remote purchase of the products offered by the same.
1.6 The term "Products" means movable tangible assets offered for sale by the Seller.
2. Object of the contract
2.1. With this contract, respectively, the Seller sells and the Buyer remotely purchases the tangible movable goods indicated and offered for sale on the website www.luxuryinstock.com via telematic tools. This contract is intended to define the rights and obligations of Parties in connection with the sale of the products by the Seller to the Buyer. These rights and obligations apply without limitation to all sales through the Website. The Seller reserves the right to modify this Contract at any time, however, any sale concluded prior to the variation of the contract itself, acknowledges all conditions regulated by the Contract prior to any modification, including prices and / or specific promotions.
2.2. The products referred to in the previous point are illustrated on the website above in the following sections: new watches, used watches, jewelry, and accessories.
3. How to stipulate the contract
The contract between the Seller and the Buyer is concluded exclusively through the internet by accessing the Buyer at www.luxuryinstock.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by consent to the purchase expressed by the buyer through the adhesion sent online, always after viewing a web page summarizing the order, printable, in which the details of the orderer and of the order, the price of the purchased good, shipping costs and any additional accessory charges excluding customs duties and charges, payment methods and terms, billing data, address where the goods will be delivered, delivery times and the existence of the right of withdrawal. In the event that the goods are not in stock, after the buyer has purchased the goods and arranged for payment according to the methods set out in point 5.1, the indicative time required for retrieval will be indicated, information that will arrive in a separate email. The website expressly reports the words "order with payment obligation" during the purchase process in accordance with the change made to the Consumer Code by Legislative Decree 21/2014.
4.2. When the Seller receives the order from the Buyer, it displays a printable order confirmation and summary web page, which also contains the data referred to in the previous point. After the order, the Seller will send the buyer a confirmation e-mail, which is also printable. The Seller will also send the buyer the invoice in pdf format via e-mail upon confirmation of payment.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
4.4 The buyer who has completed the registration procedure will also have a reserved area available where all his orders are registered.
4.5 The buyer, once the online purchase procedure has been completed, have to print and / or keep these general conditions which, moreover, he will have already viewed and accepted as an obligatory step of the purchase (through "flagging" ), as well as to print the specifications of the product being purchased and this in order to fully satisfy the conditions required by the Consumer Code, see Articles 52 and 53 and ss. Legislative Decree 206/05. By placing the purchase order, the buyer declares to have read all the information provided to him during the purchase procedure and to fully accept the contract.
4.6. The buyer is strictly forbidden to enter falese personal data or fictional e-mails in the registration procedure, the data must be his own and real and not of third parties.
5. Methods of payment and reimbursement
5.1. Any payment by the Buyer can only be made by means of one of the methods indicated by the Seller, like credit card, PayPal® and bank transfer. The ownership of the Products will remain with the Seller until the entire amount of the order including shipping costs, taxes and any additional taxes and charges (eg customs) will be fully paid by the buyer.
5.2. Any refund to the Buyer will be credited by one of the following methods, namely: a) in the case of payment by credit card, the refund will be made by means of a reversal and credited back to the same card b) in the case of payment by PayPal® the refund will be made by crediting the buyer's PayPal® c) in case of payment by bank transfer, the refund will be made by a similar bank transfer in favor of the buyer. In case of exercise of the right of withdrawal, as governed by clause 13, point 1 and following of this contract, the restitution of the temporarily collected sums will in any case take place at the latest within 14 days from the date on which the Seller became aware of the withdrawal itself, with the latter having the right to suspend the refund until it has received the goods subject to withdrawal.
6. Delivery times and methods
6.1. The Seller will deliver the selected and ordered products in the manner indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2
6.2. Shipping times in the case of available goods may vary from the day of the order to a maximum of 4-5 working days from the confirmation of the same for national deliveries and up to a maximum of 10 days for cross-border deliveries. In case of payment by bank transfer, the shipment will take place within 4-5 days from the final credit for national deliveries and up to a maximum of 10 days for cross-border deliveries. In the event that the Seller is unable to ship within this period but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail. In the event that the item is not immediately available, the seller will send the buyer a separate email with an indication of the estimated shipping times
6.3. Shipping methods, times and costs are clearly indicated and well highlighted at www.luxuryinstock.com
7.1. All sales prices of the products displayed and indicated on the website www.luxuryistock.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
7.2. The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs are charged to the buyer and in any case listed on the site. Any charges and ancillary taxes (for example: customs clearance), if any, are in any case the responsibility of the buyer who must inquire with the competent authorities and customs offices in his country.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the online catalog.
8. Product Availability
8.1. The Seller ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, whether the product is available or not available but can be ordered, as well as the approximate shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Seller, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3. The Seller's computer system confirms the successful registration of the order as soon as possible by sending the user a confirmation by e-mail, pursuant to point 4.2.
8.4 The Products shipped will be checked and marked without defects by a special assessor, the Seller will not be liable for damage and will not be able to undertake to replace or repair unless reported. The dispute must be immediately reported to the courier and communicated to the e-mail address firstname.lastname@example.org
9. Limitation of Liability
9.1. The Seller assumes no responsibility for inefficiencies attributable to force majeure, if it fails to execute the order within the time stipulated in the contract.
9.2. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3. The Seller will also not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
9.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards and other means of payment used, upon payment of the purchased products, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5. In no case can the Purchaser be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller.
10. Liability for defects, proof of damage and compensable damages: the obligations of the Seller
10.1. In according to art. 114 and ss. of the Consumer Code, the Seller is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and address of the manufacturer or the person who supplied him with the goods.
10.2. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
10.6. Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387.00 €).
11. Guarantees and methods of assistance
11.1. The Seller is liable for any lack of conformity that occurs within one year of delivery of the goods. With regard to used goods, the seller is liable for any lack of conformity that occurs within one year of delivery of the goods.
11.2. For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted even for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has recognized the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with return receipt or by certified e-mail, to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven days. working from receipt. In the same communication, where the Seller has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate price reduction or termination of the contract. In this case, the Buyer will have to send his request to the Seller, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the sums previously paid to the Seller.
12. Buyers’ Obligations
12.1. The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
13. Right of withdrawal
13.1. In any case, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. In the event that the Seller has not fulfilled the information obligations on the existence, methods and times of return or collection of the goods in case of exercising the right of withdrawal pursuant to articles 49, 52 and ss. of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months, starting from the 14th day after receipt of the goods by the consumer.
13.3. In the event that the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the Luxuryinstock address of Simone Cossu Via Chiusure 109 - 25127 - Brescia. That is, by certified e-mail to email@example.com, or by sending e-mail to firstname.lastname@example.org, provided that such communications are confirmed by sending a registered letter with return receipt to Luxuryinstock address of Simone Cossu Via chiusure 109 - 25127 - Brescia within the following 48 (forty-eight) hours. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The delivery date to the post office or forwarder will be valid between the parties.
13.4. The return of the goods must in any case take place at the latest within 14 (fourteen) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, intact, unused together with boxes, certificates and guarantees.
13.5. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.
13.6. The Seller will refund the full amount paid by the Buyer free of charge within 14 (fourteen) days of receipt of the notice of withdrawal with the right to suspend the refund until the Seller has received the goods.
13.7. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
14. Causes for Termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of good end of the payment that the Buyer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.
15. Method of archiving the contract
15.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital / paper form on the server / at the Seller's headquarters, according to confidentiality and security criteria.
16. Communications and complaints
16.1. Written communications directed to the Seller and any complaints will be considered valid only when sent to the following address: Luxuryinstock di Simone Cossu Via chiusure 109 - 25127 - Brescia, or sent by e-mail to the following address email@example.com, or by sending an e-mail to the e-mail info @ luxuryinstock .com. The Purchaser can indicate in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Seller's communications to be sent.
17. Settlement of disputes
17.1. If the parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer's place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, letter u) of the code cons. For residents abroad, the place of jurisdiction will be the place where the Seller is located, ie Brescia.
18. Applicable law and referral
18.1. This contract is regulated by the Italian law.
18.2. Although not expressly provided herein, the provisions of law applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
18.3 Pursuant to art. 60 cod. cons., the discipline contained in Part III, Title III, Chapter I cod. cons.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.