Introduction
These general terms and conditions of sale (hereinafter "General Conditions") govern the sale of products marketed by Tità s.n.c. di Céline Marie Tita Ammerich & C. with registered office in via Melzo, 12 - 20129 Milano (MI) - P.IVA 07657130964 (hereinafter simply Tita s.n.c.) exclusive owner of the brand Tita s.n.c., through its website https://www.titabijoux.com/.
All contracts for the purchase of products concluded through the website "https://www.titabijoux.com/" https://www.titabijoux.com/ are governed by these General Terms and Conditions.
Whenever an order is placed on the website https://www.titabijoux.com/, it will be required to accept the General Terms and Conditions in effect on the date of its inclusion.
All prices published on the website https://www.titabijoux.com/ are given in euros and are understood to be public prices. Tita s.n.c. reserves the right to change prices at any time, without prior notice.
Order procedure and acceptance of the General Conditions
The website https://www.titabijoux.com/ allows you to transmit purchase orders to Tita s.n.c. for a selection of products bearing the Tita s.n.c. trademark, or for other products made by third parties. Orders may - also - be placed from Monday to Friday (except holidays) from 09:00 to 17:30 by e.mail at: info@titabijoux.com
The Customer may purchase only the products present and viewable on the website "https://www.titabijoux.com/" https://www.titabijoux.com/ at the time of placing the order, as described in the relevant information sheets. Tita s.n.c., in any case, reserves the right to change the information of the products, to adapt them to those provided by the manufacturers, without the need for any prior notice. It is understood that the picture accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics and differ in color, size, accessory products in the picture. All information supporting the purchase is intended as mere generic information material, not referring to the real characteristics of each product. Therefore, despite the fact that Tita s.n.c. makes every effort to ensure that the color and model of the products Tita s.n.c. whose photos are published on the website "https://www.titabijoux.com/" https://www.titabijoux.com/ are faithful to the original products, there may be differences between the images and the products actually purchased also due to technical limitations of color rendering on the Customer's computer. Therefore, Tita s.n.c. is not responsible for any errors or inaccuracies in the photographic reproductions or graphic representations of the products appearing on the "https://www.titabijoux.com/" https://www.titabijoux.com/ website. In case of any perplexity concerning the products, you may contact Customer Service by e.mail at info@titabijoux.com.
The Customer, by sending his purchase order in the various ways provided, unconditionally accepts and undertakes to observe, in his dealings with Tita s.n.c., these General Conditions and payment illustrated below, declaring that he has read and accepts all the information provided by him, also noting that Tita s.n.c. does not consider itself bound to different conditions unless previously agreed in writing between the parties.
The contract between Tita s.n.c. and the Customer must be considered concluded with the sending of the order to Tita s.n.c., which reserves, in any case, the right, at its sole discretion, to accept the order, even partially.
Acceptance is considered tacit, unless otherwise communicated in any way to the Customer, who is always required to communicate its own address, under penalty of inexecutability / invalidity of the order received, at the sole discretion of Tita s.n.c..
The correct receipt of the order is confirmed by Tita s.n.c. through a response sent to the address (e-mail) communicated by the Customer. This confirmation message will contain Date and Time of receipt of the order and a 'Customer Order Number', to be used in any further communication with Tita s.n.c.. The message will repeat all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections.
Tita s.n.c. reserves the right to refuse orders from Customer with whom a dispute has arisen in relation to one or more orders previously placed, or in the event that Tita s.n.c. believes, in good faith, that the Customer has violated these General Conditions or is engaged in fraudulent activity or for any other reason that Tita s.n.c. may deem legitimate.
In the event of non-acceptance of the order, Tita s.n.c. undertakes to promptly notify the Customer.
The Customer may check the status of his order by accessing the web area dedicated to him under "Order Status".
On the website https://www.titabijoux.com/ the quantities of product available at the time of the order are visible. Since the possible simultaneous access and the possibility of simultaneous "on line" orders change the availability of the product, Tita s.n.c. does not guarantee the certainty of allocation of the ordered product.
On certain products, subject to price promotions, Tita s.n.c. reserves the right to accept orders by reducing their quantities, subject to prior notice and acceptance by the Customer, failing which the order shall be deemed cancelled.
Order management
At any time, you can:
add products to the selection by clicking on "add";
view the selected products, by clicking on "shopping cart";
change the selection of products, by clicking on "choose more products";
For each product selected on the website "https://www.titabijoux.com/" https://www.titabijoux.com/, there is a summary page containing the product photo, product colors, product code, the number of products selected, the unit price of the product(s) and the total price of the products referred to in the outstanding order. Before confirming the order, please carefully check that the product selection made is correct.
Any order placed on the website "https://www.titabijoux.com/" https://www.titabijoux.com/ assumes the provision, at the time of the order itself, of accurate information, such as: surname, first name, i.e. company, marital status, telephone and fax number, e-mail address, billing address and delivery address. In the case of a gift order, it will be possible to include a 125-character accompanying card.
At the end of the order procedure, you will be asked to click on the "Payment and Order Completion" button and - then - you will be asked to accept the entirety of the General Terms and Conditions and the Privacy Terms and Conditions.
Upon completion of the procedure, the order will be transmitted to Tita s.n.c. for processing.
This order can no longer be modified or cancelled except by contacting Customer Service by e.mail at: info@titabijoux.com.
Thereafter, Tita s.n.c. will send the Customer, via e.mail, a summary of the order. The notification of receipt of the order will indicate the description of the products Tita s.n.c., the number of products chosen, the price of the products ordered, as well as the amount of transportation costs.
For each Customer, at the time of the first order, it is necessary to create an account for the purpose of saving billing and delivery data that may come in handy for a subsequent order. In this case, you will be required to create a password for further use of that account. By creating their account, the Customer agrees - under their sole responsibility - to keep their access data confidential and never disclose them to third parties. Therefore, any purchase made by means of the identification data will be deemed as made by the Customer as the owner of the same. In case of loss, theft or any fraudulent use of the Customer's password, the same agrees to immediately notify Tita s.n.c..
The Customer may at any time have his/her account deactivated by sending an e.mail to Customer Service. After deactivation of the relevant account, the Customer may create a new account at any time.
The data recorded by the website "https://www.titabijoux.com/" https://www.titabijoux.com/ constitute evidence of all transactions between Tita s.n.c. and the Customer.
In the event of a dispute between Tita s.n.c. and a Customer, with reference to a transaction carried out on the Internet site "https://www.titabijoux.com/" https://www.titabijoux.com/, the data recorded by Tita s.n.c. shall constitute full evidence between the parties of the content of the transaction.
It is strictly forbidden for the Customer to enter false data, and / or invented, and / or fantasy, in the registration procedure necessary to activate against him the process for the execution of the purchase contract and its further communications. The personal data and e.mail address must be exclusively their own real personal data and not of third persons, or fictitious.
It is expressly forbidden to make double registrations corresponding to one person or enter data of third persons.
Tita s.n.c. reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
The Customer excludes Tita s.n.c. from any liability arising from the issuance of erroneous tax documents due to errors relating to the data provided by the Customer, the Customer being solely responsible for their correct entry.
Methods of delivery
Tita s.n.c. will deliver to the Customer, at the address indicated by the latter, the products selected and ordered, through couriers and / or forwarding agents of confidence.
The Customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and subject of course to the right of withdrawal provided below, the Customer must sign the delivery documents.
For some products there may be special conditions of transport. These conditions are shown on the product sheet.
Methods of payment
Any order placed on the website "https://www.titabijoux.com/" https://www.titabijoux.com/ must be paid immediately upon placing the order.
All orders are payable in euros.
In the event that some of the ordered products are not available, only the price and shipping costs related to the available products will be charged.
Only payments by credit card, debit card are accepted
Credit or Debit Cards - Pay Pal
Accepted credit or debit cards are: MasterCard ®, Visa®.
Payment can also be made through the PayPal® circuit.
The order will be processed only after the payment method has been verified and after receiving authorization to charge the indicated card.
Reservation of Ownership
The products ordered shall remain the property of Tita s.n.c. until Tita s.n.c. collects the relevant price.
The Customer assumes all risks (in particular the risks of loss, theft or deterioration) with respect to the delivered products from the date the products were actually delivered to the carrier.
Delivery Zone
The products will be shipped to the address indicated by the Customer during the purchase procedure, unless otherwise agreed between the parties, to be defined through the Customer Service.
Transport costs and delivery times
During the course of the purchase procedure, you will be asked to choose the mode of shipment of the products.
The total cost of shipping up to the Customer's domicile shall be borne by the Customer.
Shipping costs will be determined depending on the delivery service chosen by the Customer, the products and the country of delivery.
Mainly for security reasons, Tita s.n.c. will not process any order for which a P.O. Box or poste restante is provided as the delivery address.
During the purchase procedure, the terms and possible shipping methods will be indicated with reference to the purchased products and delivery countries. The relevant amount will be due from the Customer in addition to the price of the purchased products.
Delivery problems
In the event of non-delivery or delay in delivery of more than eight (8) working days, the Customer shall notify Tita s.n.c. immediately.
Claims sent more than ten (10) calendar days after the date of acceptance of the order will not be accepted.
The Customer must check the conformity of the products upon delivery and must report any defects found (opened package, damaged product, etc.) by means of a complaint signed by the Customer himself, possibly on the delivery note, then contacting Customer Service by e.mail at info@titabijoux.com.
If the delivered products do not conform to the order or for any reason do not satisfy the Customer, the same may return them, requesting an exchange of the product or a refund, or exercise the right of withdrawal as better specified below.
Right of withdrawal
The customer may exercise the right of withdrawal in the event of delivery errors or damaged products, returning the goods received and obtaining a refund of the price paid, without penalty, within the period of ten (10) working days from the day of receipt of the purchased product.
To exercise the right of withdrawal the customer must, within the same period send an e.mail confirming the manifest withdrawal.
Tita s.n.c. will accept the returned goods reserving any refund only after verification that the products have been returned in their state of origin, unused and with the original packaging intact. Only in this case Tita s.n.c. will forward the amount paid by the Customer for the purchase of products.
Tita s.n.c. will refund the customer the full amount already paid within thirty (30) days from the date of receipt of the goods subject to withdrawal and the relevant communication, through the procedure of transfer of the amount charged to the Credit Card or by Bank Transfer. In the latter case, it will be the responsibility of the customer to promptly provide the bank details on which to obtain the refund (IBAN Code of the Current Account of the invoice holder and its beneficiary).
The right of withdrawal is subject to the following mandatory conditions:
the purchased goods must be undamaged and returned in its original packaging, complete in all its parts (including presentation folder, transparent envelope and ribbon closure); to limit damage to the original package, we recommend, as far as possible, to put it in a second envelope, on which to affix the RMA number (return authorization code) issued by Tita s.n.c.; in all cases it is forbidden to affix labels or adhesive tapes directly on the original packaging of the product;
the goods subject to exercise of the right of withdrawal must be returned in normal state of preservation, as it has been kept and possibly used with the use of normal diligence: therefore, will not be accepted used products that show signs of wear or dirt and that, consequently, can no longer be considered intact;
the shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the customer;
in case of damage to the property during transport, Tita s.n.c. will notify the customer of the incident (within 5 working days of receipt of the goods in their stores), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the property (if insured); in this case, the product will be available to the customer, simultaneously canceling the request for withdrawal;
Tita s.n.c. is not responsible in any way for damage and / or theft / loss of goods returned by uninsured shipments.
The Customer totally forfeits the right of withdrawal, for lack of the essential condition of integrity of the good (packaging and / or its contents), in cases where Tita s.n.c. ascertains:
The lack of the original outer packaging and/or inner contents;
the absence of elements and/or anomalies to the product itself;
the wear and tear of the product, which has compromised its integrity.
The costs and risks of transportation for the return of the product being returned are fully borne by the Customer, who, directly or by other means, will deliver them to the domicile of Tita s.n.c..
Transportation costs incurred for the delivery of the product to the Customer and for any return to Tita s.n.c. are not refundable.
The return of products that are not intact, deteriorated or lacking original equipment will not be accepted by Tita s.n.c. and will be returned to the sender with additional transport costs.
In the case of forfeiture of the right of withdrawal, Tita s.n.c. will return to sender the purchased goods, charging the same shipping costs.
All products must be received in identical condition of receipt.
Contract termination, express termination clause, exclusion of liability
Tita s.n.c. reserves the right to terminate the contract entered into by giving simple notice to the Customer indicating the reason. In this case, the Customer shall 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 above mentioned means, have an essential character in favor of Tita s.n.c., so that by express agreement, the non-fulfillment, by the Customer, of only one of said obligations will determine the termination by right of the contract ex art.1456 c.c., without the need for judicial pronouncement, without prejudice to the right for Tita s.n.c. to take legal action for compensation for further damage.
It is excluded any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages, and in particular, by way of example, for loss of business, profit or opportunity resulting from or consequent to the purchase of products on the website "https://www.titabijoux.com/" https://www.titabijoux.com/, to persons and/or things, related to the execution and/or non-acceptance, even partial, of an order and this also for reasons of lack of stock or unavailability of products.
No responsibility can be attributed to Tita s.n.c. for delayed or non-delivery due to force majeure or fortuitous events.
Tita s.n.c. is not responsible for damage caused by the carrier to the purchased products.
Conditions
The conditions contained in this document may be updated and/or modified by Tita s.n.c., without any prior notice and with validity from the date of publication on the website https://www.titabijoux.com/, effective only for contracts yet to be entered into and not for those already in progress at the time of the changes. In these cases, the Customer undertakes and is obliged, whenever a modification of these General Conditions occurs, to provide for their printing and preservation.
Security and Privacy
Privacy regulates the use of personal data that the Customer will agree to communicate to Tita s.n.c. on the website "https://www.titabijoux.com/" https://www.titabijoux.com/:
Pursuant to Articles 13 and 23 of Legislative Decree No. 196 of June 30, 2003 (hereinafter referred to more briefly as "Legislative Decree"), we inform the Customer:
that the personal and personal data provided to Tita s.n.c. when accessing and registering on the site https://www.titabijoux.com/ are subject to processing in compliance with the above-mentioned legislation and the confidentiality obligations provided therein;
that the processing of personal data in accordance with art.4 of the Legislative Decree, means any operation or set of operations, carried out even without the aid of electronic instruments, concerning the collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, deletion and destruction of data, even if not registered in a database;
that the data are processed for institutional purposes, related or instrumental to the activity of Tita s.n.c. such as storage, processing, billing, customer management and, in particular:a) to fulfill legal obligations related to civil, tax, accounting, etc.. for the purpose of administrative management of the relationship established with Tita s.n.c;
b) to fulfill contractual obligations, information support and after-sales service;
c) to fulfill market and statistical surveys, marketing and references regarding the products covered by the activity of Tita s.n.c;
d) for the communication of commercial information on future business initiatives, announcements of new products, services and offers, by Tita s.n.c., by sending advertising e.mails (only after the expression of a specific consent by the Customer). The sending of e.mails will in no case determine the transfer of personal data to third parties. This service does not determine a monitoring of the sites that the Customer visits nor the control of the messages read, unless consent is given;
e) for the execution of prize games, promotional initiatives in general, in the interest of the Customer of Tita s.n.c.;
that the provision of data is necessary in order to regularly fulfill contractual and legal obligations arising from the legal relationship with Tita s.n.c.;
that the data are collected in the data base of Tita s.n.c. and recorded in such a way as to allow access only to persons authorized by the same Tita s.n.c.; they may be processed, in accordance with the above-mentioned purposes, within Tita s.n.c. or they may be communicated externally within: a) Tita s.n.c.'s associated, controlled, affiliated companies; b) Tita s.n.c.'s commercial partners (manufacturing companies, suppliers, carriers and forwarding agents, etc.); c) companies that carry out surveys regarding the sphere of customer satisfaction.
We also inform you that any Interested Party may exercise the rights under Article 7 of the Legislative Decree, which are summarized below.
The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet recorded, and their communication in intelligible form.
The interested party has the right to obtain confirmation:
Of the origin of the personal data;
Of the purposes and methods of processing;
of the logic applied in case of processing carried out with the aid of electronic instruments;
of the identification details of the owner, the managers and the designated representative;
of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as designated representative in the territory of the State, managers or appointees.
The data subject is also entitled to obtain:
the updating, rectification or, when interested, the integration of data;
the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
certification to the effect that the operations as per points 1 and 2 have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
The data subject has the right to object, in whole or in part:
for legitimate reasons to the processing of personal data concerning him/her, even if pertinent to the purpose of collection;
to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
The data controller is Tita s.n.c. in the person of the legal representative.
Data processing is carried out by means of instruments suitable to guarantee their security and confidentiality.
The data are stored in the Data Base residing at the Company's headquarters.
The Data Controller has appointed a security manager who is responsible for designing, implementing and maintaining the security measures provided for in Articles 31 and 33 of Leg.
The Company also uses third parties for certain processing of personal data with specific reference to certain areas of activity. These parties, who have been selected in advance on the basis of their reliability, have also been formally appointed as Data Processors.
They are: Beecreative, with registered office in Milan, Via Villa Mirabello, 6, which is in charge of the information system of the Company itself.
Please take note of the above regulations.
If you do not accept them, you will not be able to continue with registration.
The Tita s.n.c. website is not intended for minors.
Intellectual Property
All elements (drawings, models, illustrations, images, soundtracks, texts, logos, trademarks, etc.) constituting the website "https://www.titabijoux.com/" https://www.titabijoux.com/ is the exclusive property of Tita s.n.c.. It is strictly forbidden to reproduce in whole or in part, by any means (except as expressly provided below), distribute, publish, transmit, modify or sell all or part of the content of the "https://www.titabijoux.com/" https://www.titabijoux.com/ website, or to create derivative works from it.
The trademark "Tita s.n.c.", the figurative mark and all other trademarks and logos attributable to Tita s.n.c., whether deposited or not, published on the website "https://www.titabijoux.com/" https://www.titabijoux.com/, as well as the domain " https://www.titabijoux.com/ are and shall remain the exclusive property of Tita s.n.c..
Any reproduction, distribution, transfer, modification or use of these trademarks for any reason whatsoever without the prior express consent of Tita s.n.c. is prohibited.
The removal of references to copyright, trademark or other exclusive rights from the "https://www.titabijoux.com/" https://www.titabijoux.com/ website or the content therein is prohibited.
The Customer may make a single copy of the Internet pages published on the "https://www.titabijoux.com/" https://www.titabijoux.com/ website for private, personal and non-commercial use, provided that each copy of such Internet pages retains all indications of "copyright" and other exclusive rights contained therein.
Link
The https://www.titabijoux.com/ website may contain links to third party websites not published or controlled by Tita s.n.c..
Such links are provided for convenience only; they cannot and should not be construed as an express or implied endorsement of these websites, their content, or any products or services offered therein.
The Customer may create a link to the "https://www.titabijoux.com/" https://www.titabijoux.com/ website only with the express written permission of Tita s.n.c..
It is not permitted to use techniques or other automatic devices, programs, methodologies or algorithms, or similar or equivalent manual processes, to access, acquire, copy or monitor any part of the "https://www.titabijoux.com/" https://www.titabijoux.com/ website or its contents. Tita s.n.c. reserves the right to block any such activity.
Everyone is prohibited from gaining unauthorized access to any part or functionality of the site, or to other systems or networks connected to the site or to any Tita s.n.c. server, as well as to the services offered on or through the site, by means of hacking techniques, password interception or any other illegal means, probing, examining or testing the vulnerability of the site or any network connected to it, as well as violating its security or authentication measures, reverse lookup operations, tracing or attempting to trace the origin of information relating to any Customer of the site, or any Tita s.n.c. customer including Tita s.n.c. accounts belonging to third parties, to exploit the site or the services and information made available or offered through the site for the purpose of disclosing any information relating to any third party, including without limitation personally identifiable information.
Limitations of liability
To the fullest extent permitted by law, subject to the provisions of any mandatory regulations, Tita s.n.c. shall not be liable to the Visitor and/or the Client or to any third party for any indirect damages, and in particular, by way of example, for loss of business, profit or opportunity, arising out of or as a result of the use of the website "https://www.titabijoux.com/" https://www.titabijoux.com/ or the inability to use it, even if Tita s.n.c. is informed of the possibility of such damages.
No guarantee
Tita s.n.c. does not guarantee or represent:
That the website https://www.titabijoux.com/ is free from viruses, worms, Trojan horses or other harmful material;
that the information on the Tita s.n.c. website is accurate, complete or up-to-date.
The website https://www.titabijoux.com/ may contain technical inaccuracies or other functional defects, Tita s.n.c. does not guarantee the correction of such defects.
The website https://www.titabijoux.com/ and its contents are presented "as is" and "subject to availability." To the fullest extent permitted by law, subject to the provisions of any mandatory regulations, Tita s.n.c. makes no warranties of any kind, express or implied, and in particular, by way of example, no implied warranties as to the conformity or suitability of the "https://www.titabijoux.com/" https://www.titabijoux.com/ website or its content for customary or specific use, or as to the quality or freedom from infringement of any provision.
Jurisdiction, applicable law and competent court
These General Conditions are governed by, and interpreted according to, Italian Law, the application of conflict of law provisions remaining expressly excluded.
The contract of sale between the Customer and Tita s.n.c. is understood to be concluded in Italy and governed by Italian Law.
For the resolution of civil and criminal disputes arising from the conclusion of contracts of sale through the website "https://www.titabijoux.com/" https://www.titabijoux.com/, if the Customer is a consumer as understood in accordance with Legislative Decree no. 206/2005 as amended, the territorial jurisdiction is that of the court of reference of his town of residence. In other cases (foreign Customer or legal person or Entity), the dispute will be referred to the exclusive jurisdiction of the Court of via Melzo, 12 - 20129 Milan (MI).
These General Conditions do not constitute an obstacle against Tita s.n.c. with regard to the provisions of public order existing within the legislation of the European Union from which the Customer's order originated provided that the same is domiciled there.
These General Conditions are drawn up in Italian.
In the event of any divergence between said General Conditions drafted in Italian and their translations into other languages, the former shall prevail.
In case of dispute, the Italian Courts shall have exclusive jurisdiction and the Client agrees to accept such exclusive jurisdiction.
Tita s.n.c. reserves the right to request and obtain injunctions, decrees or any other urgent measures to defend its rights under these General Conditions.
Copyright © 2012 Tita s.n.c. - All rights reserved
General conditions of sale and use of the website
Privacy
To place an order you can access the SHOP Area of the website https://www.titabijoux.com/ or by email at: info@titabijoux.com from Monday to Friday (except holidays) from 09:00 to 17:30.