GENERAL CONDITIONS OF ONLINE BUSINESS TO BUSINESS SALE
ART. 1 ORDERS
1.1 These general conditions of sale, available on the website https://www.european-diamonds.com section GENERAL CONDITIONS OF SALE (at the address https://www.european-diamonds.com/en/general-conditions-of-sale/ or other specific address that it was adopted by www.european-diamonds.com - hereinafter the "Site") in favor of the user for reproduction and conservation pursuant to art. 12 of Legislative Decree no. 70/03 and subsequent amendments, have as their object the online sale of the products of Bonzano & Moranodo SAS and SAS Azur DIamants, carried out remotely by means of a telematic network through the Site belonging to the same Bonzano & Morando SaS, a company incorporated under Italian law, with registered office in Valenza , Via Manzoni n. 50, VAT number and tax code 0417960069 registered with the Chamber of Commerce of Alessandria under no. 6627/1976, e-mail (hidden)
1.2 These general conditions apply only to online sales, as described above, B2B (Business to Business) between Bonzano & Morando Sas and SAS Azur Diamants and natural or legal persons who purchase products for purposes related to their business or professional activity (hereinafter " Customer"). These B2B online sales of Bonzano & Morando Sas and SAS Azur Diamnats products are governed not only by these general conditions but also by the particular conditions of sale such as, by way of example, the price, the type of product, etc., from time to time. time selected by the Customer on the Site.
1.3 These general conditions of sale must be examined by the Customer before each purchase and are understood to be fully known and unconditionally accepted with the affixing by the Customer of the flag in the relevant field of acknowledgment and acceptance on the Site. Therefore an indispensable condition for the 'purchase is the prior registration of the Customer on the site https://www.european-diamonds.com, with simultaneous reading and acceptance of these general conditions as well as the assignment of an identification code and password to be subsequently entered in the appropriate fields before each purchase.
1.4 The Customer acknowledges that Bonzano & Morando Sas and SAS Azur Diamants will not accept orders placed (i) by subjects who are not registered Customers as defined above, (ii) by subjects who are not B2B customers as defined above, or (iii) by ordinary e-mail from Customers without their prior registration on the site https://www.european-diamonds.com
1.5 Bonzano & Morando Sas and SAS Azur Diamnats are free to update, integrate or modify these general conditions of sale, with effect for sales completed after their publication on the Site, which constitutes communication of the changes themselves, to Customers, registered or not.
1.6 The Customer, by accepting the terms and conditions, declares that the completion of the registration form and subsequent purchases will be made by persons with the power to bind the customer.
1.7 The Customer undertakes not to transfer his identification code and password to third parties and to keep them with the utmost care and diligence, remaining solely responsible for their custody and use. The Customer, therefore, accepts as of now all orders sent to Bonzano & Morando Sas and SAS Azur Diamnats with the Customer's identification code and password, as well as the invoice that will be issued with the data entered by the Customer.
The Registered Customer guarantees that the information provided during the registration procedure on the Site is complete, correct and truthful. The user agrees to keep Bonzano & Morando Sas and SAS Azur Diamnats harmless from any compensation obligation, penalty deriving from and / or in any way connected to the violation by the Registered Customer of the rules on registration to the Site. The user is solely responsible for access to the Site through the registration credentials and is directly liable for any damage or prejudice caused to Bonzano & Morando Sas and SAS Azur Diamnats or to third parties from improper use, loss, misappropriation by others or from the lack of adequate protection secrecy of their registration credentials. All operations carried out using the registration credentials are considered to have been carried out by the Registered Customer to whom the registration credentials refer.
1.9. The Registered Customer expressly authorizes Bonzano & Morando Sas and SAS Azur Diamnats to send to their e-mail address all communications relating to the Contract, as well as to the Purchase Order, the Acceptance and the state of execution of the Order itself.
1.10 The sales contract will be concluded between the Customer and Bonzano & Morando Sas and SAS Azur Diamnats with the activation by the Customer of the command "submit the order". Upon receipt of the order, Bonzano & Morando Sas and SAS Azur Diamnats will send the Customer, to the e-mail address indicated by the latter, an e-mail confirming the sale with a summary of the particular conditions, these general conditions, as well as the information privacy. It is understood that Bonzano & Morando Sas and SAS Azur Diamnats will not execute the Customer's order if there is a delay in payment; of this suspension Bonzano & Morando Sas and SAS Azur Diamnats will notify the Customer by e-mail, informing him that the same will remain until the Customer's debt position is regularized, by crediting the bank transfer;
1.11 The Customer acknowledges the possibility of downloading these general conditions from the Site and agrees that Bonzano & Morando Sas and SAS Azur Diamnats send him a copy of these general conditions by means of the aforementioned summary e-mails.
1.12 The order form will be filed in the Bonzano & Morando Sas and SAS Azur Diamnats database for the period of time necessary to process the order.
1.13 Except for express exceptions, communications between the parties that modify the contractual conditions, as defined above, or affect the execution of the sales contract, will always take place in writing, thereby expressly including communications via e-mail outgoing and arriving from the e-mail of the Bonzano & Morando Sas and SAS Azur Diamants sales office. The General Conditions applicable to the sale of the Products on the Site are those published on the Site in the "General Conditions" section on the date the Registered Customer sends the Purchase Order. It is the Customer's responsibility to check and read the applicable General Conditions before proceeding with each Purchase Order.
These General Conditions do not regulate the sale of products and / or the provision of services by parties other than Bonzano & Morando Sas and SAS Azur Diamants who are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary for the Customer to verify their conditions of sale. Bonzano & Morando Sas and SAS Azur Diamants are not responsible in any way for the supply of services and / or for the sale of products by such subjects. On the websites accessible through these links, Bonzano & Morando Sas and SAS Azur Diamants do not carry out any checks and / or monitoring and is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them. .
ART. 2 - RISKS AND RESPONSIBILITIES
2.1 The Customer remains solely responsible for the correctness and completeness of their identification data and in any case for any data entered on the Site and / or in the order form, in particular with reference to the ordered product, with the exclusion of any liability of Bonzano & Morando Sas and SAS Azur Diamants
2.2 Bonzano & Morando Sas and SAS Azur Diamants declines any responsibility for the information, documents and materials that may be placed by third parties on the Site, even if such contents are made available to the Customer as part of an advertising service offered by Bonzano & Morando Sas and SAS Azur Diamants.
2.3 The Customer acknowledges that Bonzano & Morando Sas and SAS Azur Diamants cannot in any way be held liable to the Customer for the suspension or interruption, regardless of his will, of the operation of the Site.
ART. 3 - DELIVERY
3.1 The delivery of the products to the Customer will take place in the manner and timing indicated by Bonzano & Morando Sas and SAS Azur Diamants in the summary e-mail of the order pursuant to art. 1.10. Delivery terms are always indicative and never essential for Bonzano & Morando Sas and SAS Azur Diamants and for the Customer. Further conditions and shipping times are indicated in Annex "A" to these general conditions of sale.
3.2 Bonzano & Morando Sas and SAS Azur Diamants (i) will carry out the deliveries compatibly with its own production, procurement and shipping needs and (ii) will be able to divide the products of a single order into multiple deliveries or combine in a single delivery products indicated in orders different.
3.3 Bonzano & Morando Sas and SAS Azur Diamants may suspend the delivery of the products sold in the event of failure or non-regular payment of the price by the Customer, pursuant to the following art. 4.1.
3.4 In the execution of orders, maximum compliance with the specific requirements resulting from the catalog on the Website will be observed. European-diamonds.com and Bonzano & Morando Sas and SAS Azur Diamants, in the context of their own production and commercial choices, or in compliance with new regulatory provisions, may however make partial adjustments or changes to the product concerning the construction characteristics. These changes do not require prior notification to the Customer.
3.5 The transport of the products from the Bonzano & Morando Sas and SAS Azur Diamants warehouse to their destination is the responsibility of the seller, who will arrange for the shipment by the means deemed most suitable; the shipping and insurance costs of the goods will be quoted at the time of the order, they will, however, be charged to the customer and must be paid at the same time as the order
3.6 The products are packaged with standard packaging, intact, suitable for loading on means of transport and unloading with suitable and approved tools; Bonzano & Morando Sas and SAS Azur Diamants declines all responsibility for any damage to the goods caused as a result of the transport of the goods carried out with incorrect maneuvers or with inadequate means.
Bonzano & Morando Sas and SAS Azur Diamants will arrange for the insurance of the products on behalf of the Customer only upon a timely written request from the same, who will assume all related expenses and responsibilities.
ART. 4 - PAYMENTS
4.1 Payment of the full price for the purchase of products must be made in the manner and timing indicated in the purchase order or in the sales invoice, if different.
4.2 Failure or incomplete punctual payment within the term provided for by the previous art. 4.1 will constitute a serious breach by the Customer and will determine the right for Bonzano & Morando Sas and SAS Azur Diamants to terminate the contract by sending the rec. a.r. or pec, without the need for formal notice.
4.3 In case of default, except for greater damage pursuant to art. 1224 of the Italian Civil Code, default interest will automatically run in favor of Bonzano & Morando Sas and SAS Azur Diamants at the rate established by law pursuant to Legislative Decree 231/2002 and subsequent amendments.
ART. 5 - WARRANTY 5.1
Without prejudice to what is specified in relation to any improvements or adaptations of the product with respect to the characteristics expressed on the Site that do not affect its quality, Bonzano & Morando Sas and SAS Azur Diamants guarantee the conformity of the products with the declared technical characteristics and their immunity from defects and faults, as well as their safety according to the standards in force at the time of their marketing.
5.2 The acceptance of the products by the shipper, the carrier or whoever else in charge of the collection by the Customer, is proof of the good condition of the packaging and all responsibility of Bonzano & Morando Sas and SAS Azur Diamants in this regard ceases upon delivery. The Customer is also required to check upon arrival that the products comply with the order. Failing this, they are considered compliant and accepted.
5.3 Bonzano & Morando Sas and SAS Azur Diamants declines all responsibility for damages of any kind, whether direct or indirect, caused to things or people that are not related to the use that could legitimately be expected at the time the products were manufactured.
5.4 Complaints regarding quantitative differences and any other visible discrepancies must be communicated to Bonzano & Morando Sas and SAS Azur Diamants in writing within 10 (ten) days of delivery to Bonzano & Morando SAS Tax Code and VAT Number: 0417960069 - Company Reg. Alessandria Chamber of Commerce REA N: 6627/1976, Via Manzoni 50, 50- Italy Tel. +39 0131951832 E-mail: (hidden) - PEC: (hidden) as regards the goods sold by the company Bonzano & Morando. Complaints for goods sold by SAS Azur Diamants must be communicated to SAS Azur Diamants in writing within 10 (ten) days of delivery to SAS Azur Diamants, TVA N ° FR88750702102 Ape Code 4648Z Pole d'Excellence Jean Luois 160 Via nova Frejus (France) telephone 0033494829117 Email: (hidden) Complaints regarding any discrepancies from the accompanying documents for transport must be communicated to Bonzano & Morando Sas and SAS Azur Diamants via certified e-mail or via e-mail within 24 (twenty-four) hours of receipt of the products .
The complaint of non-conformity must be received accompanied, under penalty of inadmissibility, with the description of the defect or non-conformity, the sales invoice number, the product serial number and the Customer's data. Obvious defects such as breaks, abrasions, scratches, or the lack of conformity with the declared quantities or aesthetic characteristics that are not immediately visible before purchase (because in this case they are considered accepted by the Customer) are presumed to be known at the time of delivery.
ART 6 - RETURNS
6.1 Any return of products purchased online must be agreed in advance with Bonzano & Morando Sas and SAS Azur Diamants
ART. 7 - PROHIBITION OF ASSIGNMENT
It is expressly forbidden for the Customer to transfer the contract perfected to third parties pursuant to art. 1.8, without prejudice to the prior written consent of Bonzano & Morando Sas and SAS Azur Diamants.
ART. 8 - JURISDICTION
Any dispute, even of a non-contractual nature or for connection reasons, arising between the Customer and Bonzano & Morando Sas and SAS Azur Diamants relating to the validity, execution, interpretation and termination of the sales contract perfected by virtue of these general conditions, will be devolved to the competence exclusive of the Court of Alessandria or Frejus (depending on which company made the sale),without prejudice, however, to the right of Bonzano & Morando Sas and SAS Azur Diamants to initiate actions before the Court of the Customer's place of residence.
ART. 9 - PERSONAL DATA
The Customer declares to have read the information pursuant to art. 13 and 14 of Regulation (EU) 2016/679 (GDPR) available on the Site and with the acceptance of these general conditions provides consent to the processing of their personal data for the purposes and in the manner indicated in the aforementioned information. The Customer's personal, corporate and tax data, acquired directly or indirectly by Bonzano & Morando Sas and SAS Azur Diamants, will be collected and processed in paper, computer or telematic form, exclusively for the purpose of allowing the execution of purchase orders. The data acquired by Bonzano & Morando Sas and SAS Azur Diamants will be kept for a period of time not exceeding that necessary for the purposes for which they were collected and subsequently processed. However, their removal will take place safely. Although not expressly provided for here, reference is made to the aforementioned information that the Customer declares to have received, viewed and understood