GENERAL CONDITIONS OF SALE

1. Subject Matter

1.1. These General Conditions of Sale (hereinafter “General Conditions”) govern the electronic purchase of products, as defined below, from a remote location and through the website www.lucifer-vir-honestus.com (hereinafter “Site”).
1.2. The owner of the Site is LUCIFER VIR HONESTUS di Luna Scamuzzi & C. S.a.s. (hereinafter “LVH”) with registered office at Via XXV Aprile n. 109, 23807 Merate (LC), Italy, VAT No. 02385230137, Economic Administrative Index no. LC-287351, certified electronic mail: LUCIFER@LAMIAPEC.IT.
1.3. LVH’s contact e-mail address is lunas@lucifer-vir-honestus.com.

2. Acceptance of the General Conditions of Sale

2.1. All purchases of products made through the Site (hereinafter “Purchase Contracts”) by users accessing the Site (hereinafter “Customers”) are governed by these General Conditions, the Italian Consumer Code (Italian Legislative Decree No. 206/2005) and Italian and EU laws and regulations on electronic commerce (Italian Legislative Decree No. 70/2003).
2.2. With the conclusion of the Purchase Contracts, as stated in the outlined procedure, the Customer undertakes to comply with these General Conditions.
2.3. Before concluding any purchase, therefore, the Customer shall read carefully the General Conditions, which LVH shall make available, so that the Customer may reproduce and store them, in accordance with Article 12, Paragraph 3 of Italian Legislative Decree No. 70/2003.
2.4. LVH may amend the contents of the General Conditions at any time and without advance notice. Each individual Purchase Contract shall be subject to the General Conditions as published on the Site at the time the Customer sends the purchase order.

3. Products

3.1. The Site is an online store for the sale of designer jewellery, including rings, earrings, necklaces and bracelets, all of which are handmade in Italy (hereinafter “Products”).
3.2. The Products are illustrated in detail on the Site.
3.3. The visual representation of the Products on the Site, where available, is purely indicative, normally taking the form of a photographic image, and has the sole purpose of showing the Products for sale, without any guarantee or commitment, on LVH’s part, regarding the exact correspondence of such image to the actual Product. This applies especially to the actual size and/or chromatic aspects of the Products and/or of the related packaging.
3.4. In the event of any difference between the photographic image and the product description, the latter shall prevail.
3.5. The product description contains the list of the materials, conforming to Italian and European laws and regulations, used for production, and the specification of the related carats.

4. Countries for Shipment

4.1. The Products displayed on the Site may be purchased only if delivery is to be made to a country listed on the Site. LVH reserves the right to extend or reduce said list.
4.2. Should the Customer give a shipping address that is not included in this list of countries, LVH shall not accept the relative order.

5. Registration on the Site

5.1. In order to purchase the Products, the user must first register on the Site.
5.2. Registration on the Site is possible for all Customers, whether or not they are registering as a consumer.
5.3. Pursuant to Article 3, Paragraph 1(a) of the Italian Consumer Code, consumers are any natural persons who are acting for purposes outside their trade, business, craft or profession.
5.4. Natural persons may purchase the Products if they are at least 18 years old.
5.5. Registration on the Site is free of charge. To register, users must compile the form provided with their name, surname, address, place and date of birth, telephone number, e-mail address and a password, and then click on ‘Send’.
5.6. Once registered, Customers may access their own personal account, where they may: save and change their personal data; access information on orders and returns; track their orders, and take advantage of any special services.
5.7. Before completing the registration procedure, Customers must first carefully read LVH’s privacy policy and agree to the handling of their personal data, including for the purpose of sending newsletters.

6. Purchase Procedure – Possibility to Request Product Personalisation

6.1. The Customer may purchase the Products illustrated in detail on the Site and described in the relative product descriptions, by following the technical access procedures established on the Site.
6.2. To purchase the Products, the Customer must fully and accurately compile the order and send it to LVH, using the electronic format provided on the Site and following the instructions contained therein.
6.3. By following the instructions given on the Site, the Customer may request that the Product be personalised, e.g. by adding engravings and/or substituting one precious stone with another and/or altering the size.
6.4. The online process for requesting personalisation of the Product will be aborted if LVH cannot fulfil the relative request.
6.5. However, if LVH is able to fulfil the request, the Site will display a screen containing the details of any additional price for the requested personalisation of the Product, as well as the estimated time for the delivery of the Product, given that it will have to be sent back to the laboratory for the necessary changes.
6.6. Once the Customer accepts the conditions referred to in Article 6.5) above regarding the additional price and the timeframe for the delivery of the personalised Product, the process will successfully conclude with a confirmation by LVH of the personalised order.
6.7. The Site may display items available ‘on request’ only. Purchase orders for such items are classified as ‘special orders’.
6.8. The Customer adds the selected Products to the ‘Shopping Cart’ and, after choosing the delivery method and viewing and accepting all the individual items making up the total price (expenses for Product personalisation; taxes, such as V.A.T., if payable; additional shipping, transport and postal costs; customs charges), the Customer may proceed with the purchase.
6.9. The Customer may make changes to the purchase order by following the specific procedure on the Site. In particular, the Customer may change the quantity of the Products being purchased, by adding or removing one or more Products in the Cart.
6.10. Once this operation is completed, the Customer will see a screen containing the summary of the purchase order and the relative total price, and, where possible, all the individual prices making up the total, as specified in Article 6.8) above, and will be asked again to confirm the purchase process.
6.11. After viewing the summary, the Customer must select the preferred payment method and submit the order by clicking on the appropriate button.
6.12. Once the above procedure is completed, the Customer will not be able to make any changes to the order.

7. Conclusion of the Contract

7.1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to make a contractual purchase offer. The order sent by the Customer is a contractual offer and implies full knowledge and full acceptance of these General Conditions.
7.2. Each Purchase Contract between LVH and the Customer is considered concluded when LVH sends the acceptance of the order to the Customer’s e-mail address. This confirmation message, after the Customer completes the payment process, will include an ‘Order Number’, to be used in any subsequent communication with LVH. The message will contain the information required by law and all the data entered by the Customer, who undertakes to check the accuracy of said data and to promptly communicate any corrections by contacting LVH at the addresses indicated in Articles 1.3) and 16.1). Any increase in expenses resulting from a failure to promptly report errors in said data will be borne exclusively by the Customer.
7.3. Occasionally, the Products may temporarily be unavailable, in full or in part. In such case, the system will notify the Customer of said temporary unavailability, allowing the Customer to pre-order the Product, and indicating when the Product will again be available. The ‘Order Number’ will be sent to the Customer once the Product has been purchased and payment has been made through the Site.
7.4. At its own discretion, LVH may accept or reject the order sent by the Customer, without the possibility for the latter to assert any claims or rights of any kind, including for compensation, in the event of the non-acceptance of the order.
7.5. In particular, LVH reserves the right to reject purchase offers and/or cancel orders that do not sufficiently guarantee the Customer’s solvency, i.e. in the case of anomalies in the Customer’s transactions and/or the means of payment used by the Customer.
7.6. The Customer may at any time check the contents of the orders and Purchase Contracts concluded, either on the Site or by contacting LVH at the addresses indicated in Articles 1.3) and 16.1). These details shall be available for 12 (twelve) months from the delivery of the Products.

8. Prices of the Products

8.1. The prices of the Products as specified on the Site are inclusive of VAT except where other regulations apply.
8.2. Where possible, shipping and delivery costs, which are part of the total price referred to in Article 6.8) above, will be shown at the time of the order and calculated automatically by the system. The cost of each shipment may vary according to the delivery and payment methods, the total amount of the order and the country and place of destination.
8.3. For orders exceeding EUR 1,000.00, shipping and delivery costs shall be borne by LVH, regardless of whether the delivery is to take place in Italy or abroad.
8.4. Nevertheless, all customs duties payable for deliveries to countries outside the European Union, which are also included in the final price of the Product, shall be borne by the Customer.
8.5. Any of the individual costs referred to in this article and in Article 6.8), ancillary to the basic price of the Product, that cannot be determined before ordering the Products and therefore are not displayed on the Site, shall nevertheless be borne by the Customer.

9. Invoicing and Payment Methods

9.1. At the time of delivering the Products purchased to the carrier for shipment, LVH shall issue an accounting document and send it by e-mail to the Customer. LVH shall compile said document with the information provided by the Customer. Once the document has been issued, it will not be possible to change this information.
9.2. The payment methods accepted are exclusively the following:

1. PayPal is a rapid and secure payment system. Once the order is completed and PayPal selected as the payment method, Customers will be re-directed to the PayPal site, where they can access their account by entering their personal e-mail address and password. After registering, Customers may pay via PayPal without having to re-enter their details each time; this applies also to subsequent purchases. The amount is charged directly to the credit card or prepaid card linked to the Customer’s PayPal account. PayPal protects the buyer by avoiding passing on any financial information. PayPal sends a confirmation e-mail for each transaction carried out. When placing an order on the Site, a payment authorisation request will be made, free of charge, to check the availability of funds on the Customer’s PayPal account. The amount is charged to the account at the time the carrier undertakes the order. In case of cancellation of the order, the relevant amount will be refunded to the Customer’s PayPal account.
2. Credit cards accepted are Maestro, American Express, Mastercard, Discover, Carta Aura and Visa. All data are transferred in encrypted form through an SSL certificate and cannot therefore be intercepted by external parties. In addition, the data are entered directly on the bank’s website, thus guaranteeing maximum security. The amount of the order is not charged to the card immediately, but at a later stage, and within the limits authorised by the Customer. When placing the order on the Site, a payment authorisation will be requested for the amount indicated (at this point the Customer usually receives an SMS or e-mail from the card-issuing bank). This authorisation is not for charging the amount, but merely placing it on hold. Upon delivery of the order to the carrier, shipper or any other subject assigned by LVH to deliver the purchase, the amount due will then be charged. This procedure guarantees that the amount is charged to the credit card only at the time of the actual and conclusive shipment of the Products and for the sole amount relating to the Products actually shipped.
3. Bank transfer in advance: In case of payment by bank transfer in advance, LVH will process the order only after confirmation that the amount has been credited. The amount must be credited within three days of the order date. To ensure the correct and speedy processing of the order, in the field specifying the reason for the transfer, the Customer should enter the order date and his/her name and surname. The amount must be credited by bank transfer to LVH’s current account - IBAN code: IT35G0832951530000000220733 - BCC (Banca di Credito Cooperativo Brianza e Laghi).

10. Shipment and Delivery

10.1. LVH undertakes to deliver the Products without undue delay and, in any event, no later than thirty days from the conclusion of the Contract.
10.2. The Products will be delivered by carrier service, and delivery times will vary depending on the destination.
10.3. Except as stated in Article 10.1) above, the terms indicated at the time of placing the order are purely indicative and not binding on LVH.
10.4. LVH shall not be held liable by the Customer in the event of any delay in fulfilling the order or the delivery of the Products.
10.5. The Products ordered will be delivered to the postal address specified by the Customer.
10.6. For security reasons, no deliveries are made to post office boxes.
10.7. Deliveries are made according to the means indicated by the carrier service. Each delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In case of non-delivery due to the absence of the recipient at the specified address, the carrier shall notify the recipient via e-mail and shall attempt a new delivery according to the means established by the carrier. Should the new delivery be impossible due to the recipient’s absence, LVH will attempt to contact the Customer to schedule another delivery. If during the three following days LVH is unable to reach the Customer, or if delivery continues to be impossible due to the recipient’s absence, the Products ordered shall be returned to LVH. After eight days from the date on which the Products are returned to LVH due to the impossibility to deliver, the Purchase Contract shall be considered terminated and the purchase order cancelled, in accordance with Article 1456 of the Italian Civil Code. LVH shall then refund the amount paid by the Customer, net of expenses incurred for returning the Products and holding them at the premises of the carrier service assigned for the delivery.
10.8. The termination of the Contract and the amount of the refund shall be communicated by e-mail. The amount of the refund shall be credited on the means of payment used by the Customer for the purchase.
10.9. Upon delivery of the Products by the carrier appointed by LVH, the Customer must check the packaging carefully to ensure that it is intact and has not been damaged or otherwise tampered with and that the number of pieces delivered corresponds to the information displayed in the transport document.
10.10. The Customer must promptly report to LVH any damage to the wrapping, packaging and Products, or any discrepancies between the number of pieces/packages and the information in the transport document, specifying the order for which the errors occurred.
10.11. LVH shall have the right to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Contract in cases of: force majeure; non-availability of a means of transport; any unforeseeable or unavoidable circumstances that cause the delivery to be delayed, difficult and/or impossible, or result in a significant increase in the delivery costs. In such cases, LVH shall promptly inform the Customer of its decisions by e-mail, at the address specified by the Customer, and the latter shall be entitled to be reimbursed for any price already paid, but may not advance any other claim, for any reason, against LVH.

11. Discount Coupons and Promotions

11.1. Discount coupons or promotional codes, if any, may be input at the time of completion of the purchase order by the Customer. The system will update the total amount of the order, net of the value of the coupon.
11.2. The discount coupon may be combined with other marketing initiatives only where expressly indicated.

12. Right of Withdrawal

12.1. The Customer has the right to withdraw from the Contract, without giving any reason, within 14 (fourteen) days.
12.2. The withdrawal period expires after 14 (fourteen) days from the day on which the Customer, or a third party other than the carrier and indicated by the Customer, acquires physical possession of the Products.
12.3. To exercise the right of withdrawal, the Customer must explicitly declare his/her intention to LVH by e-mail to the certified e-mail address LUCIFER@LAMIAPEC.IT or to lunas@lucifer-vir-honestus.com. Alternatively, the Customer may choose to declare his/her intention to withdraw by using the withdrawal form at the bottom of these General Conditions.
12.4. To comply with the deadline for withdrawal, the Customer must send the abovementioned declaration before the end of the withdrawal period. Following such withdrawal, LVH shall promptly refund all payments received from the Customer (including any delivery costs, except for the additional ones relating to the Customer’s choice of a delivery option other than the less expensive standard delivery offered), and, in any case, no later than 14 (fourteen) days from the day LVH is informed of the Customer’s decision to withdraw from the Contract. Refunds shall be made using the same means of payment used by the Customer for the initial transaction unless the Customer expressly agrees otherwise; in any case, the Customer shall not incur any costs because of such refund.
12.5. The Customer is requested, at his/her own expense, to ship the Products insured, in view of their valuable nature, or deliver them to LVH at its Atelier at Corso Como n. 9, 20154 Milan (MI), Italy, no later than 14 (fourteen) days after having informed LVH about his/her decision to withdraw from the Contract.
12.6. In the event that the Customer exercises the right of withdrawal, the latter shall remain fully responsible for the Products until they are delivered to LVH at the Atelier in Corso Como, Milan. Therefore, LVH shall not be held liable for any damage to, theft or loss of the Products being returned following the Customer’s withdrawal.
12.7. The Products being returned in accordance with the provisions of this Article 12) must be delivered by the Customer complete in all their parts, including original boxes and packaging, intact and without signs of wear or dirt, in the same condition as prior to the original shipment. LVH shall refund the Customer once the Products have been received and their pristine condition verified.

13. Exclusion of the Right of Withdrawal

13.1. Pursuant to Article 59(c) of the Italian Consumer Code, the Customer will not be entitled to withdraw from the Contract if the Product has been subject to any kind of ‘personalisation’, as defined in Articles 6.3) - 6.5) above, or if the Product is classified as a ‘special order’ in accordance with Article 6.7) above.
13.2. If the Product has been damaged for reasons other than its transportation and/or has been returned with some of its components missing, the Customer will not be entitled to withdraw from the Contract.
13.3. Withdrawal from the Contract will not be possible if the sale has been contracted between LVH and another professional with a VAT No.

14. Non-Conformity of Products and Defective Products - Guarantee of Authenticity

14.1. The Products offered on the Site comply with national and EU legislation. The images and colours of the Products published on the Site may differ from the actual Products depending on the system settings and/or tools used for viewing the images.
14.2. The foregoing applies without prejudice to the provisions regarding the legal guarantee of product conformity, as set forth in the Italian Consumer Code (Italian Legislative Decree No. 206/2005, Part IV, Articles 102-135).
14.3. LVH guarantees that all the Products offered for sale through the Site are authentic, i.e. that they are manufactured exclusively in Italy using traditional methods.

15. Processing of Personal Data

15.1. LVH processes the personal data of the Customer in compliance with the provisions of current legislation on the protection of personal data, as specified in the Privacy Policy in the relative section of the Site.

16. Communications and Complaints

16.1. All communications or complaints from the Customer to LVH regarding the Purchase Contracts and/or the Products must be made through the appropriate tools on the Site, or by e-mail to the following e-mail addresses: info@lucifer-vir-honestus.com and lunas@lucifer-vir-honestus.com.

17. Intellectual Property Rights

17.1. All trademarks (registered and unregistered), as well as any and all intellectual work, distinguishing marks or names, images, photographs, written texts or graphics and, more generally, any other intangible asset protected by international laws and conventions concerning intellectual property and industrial property, which are reproduced on the Site, remain the exclusive property of LVH and/or its assignors, nor shall the fact of accessing the Site and/or fulfilling the Purchase Contracts give the Customer any right to the same. The use, in full or in part, of the same is prohibited without prior written authorisation from LVH, in favour of which all the related rights are exclusively reserved.

18. Applicable Law and Legal Jurisdiction

18.1. These General Conditions and any and all contracts stipulated with the Customer are governed by Italian law, without prejudice to the application of EU legislation and international treaties, when applicable, as well as national laws and regulations on consumer protection.
18.2. In the case of any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and of any contract stipulated with the Customers, the court of the place of residence or domicile of the consumer, if located in Italy, shall have exclusive jurisdiction.

19. Misleading Clauses

19.1. Before concluding the order by starting the payment process through the Site, the Customer is required to declare that he/she has read and specifically approves Articles 3.3), 7.4), 7.5), 8.5), 10.4) and 10.7) of these General Conditions of Sale.