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Right of Withdrawal

If the Customer is a “Consumer”, as defined in Article 3 of the Consumer Code, they are entitled to the rights set out in Articles 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014, and therefore to the right to withdraw from the Purchase Contract (hereinafter the “Right of Withdrawal”) for any reason, without explanation and without any penalty, by notifying the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, takes physical possession of the goods.

DOT manifattura S.r.l., however, as a commercial choice and to best meet the customer's needs, grants a period of fourteen (14) days to exercise withdrawal, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, takes physical possession of the goods.

We remind you that, as provided by current legislation, the Right of Withdrawal is excluded and therefore cannot be exercised where the products you have purchased have been personalized, even with simple engravings, or have been made to measure for you, at your explicit request at the time the Order was placed.

Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the DOT manifattura S.r.l. Products purchased by the Consumer.

The customer who intends to exercise the Right of Withdrawal must notify DOT manifattura S.r.l. by explicit declaration, following the instructions provided on the Site www.manojewels.it in the “Easy Returns” section, within fourteen (14) days from the day the Product is received.

The right of withdrawal is subject to the following conditions:

  • the returned Products must be returned in their entirety and not parts or components thereof, even in the case of kits;
  • the returned Products must not have been used, worn, washed or damaged;
  • the returned products must be returned in their original packaging (meaning, by this, the packaging of the individual product);
  • the returned Products must be sent to the Seller in a single shipment;

Where the returned product(s) contributed to reaching a minimum order value for obtaining a free gift, the return of the product also includes and makes mandatory the return of the aforementioned free gift.

Withdrawal Form

In the event of exercising the Right of Withdrawal, the customer is required to return the goods within fourteen (14) days from the day on which they notified DOT manifattura S.r.l. of their intention to withdraw from the Contract pursuant to Article 57 of Legislative Decree 206/2005.

The return can be requested by following the instructions provided on the Site www.manojewels.it in the “Easy Returns” section.

You can request a refund or an exchange: request a refund if you want the amount spent on the items you wish to return to be refunded; request Store Credit if you want to exchange an item. Store Credit can also be used immediately by placing an Order on the Site. The new Order will be shipped by DOT manifattura S.r.l. only after the items to be returned have been received.

It is important that you contact customer service by e-mail at info@manojewels.it to let us know the day on which you would like the courier to collect the parcel and the time slot, morning or afternoon.

You will need to place the items to be returned inside a box or an envelope that is well sealed and protected. The courier will already have the label with our shipping address and the reference of the customer who placed the Order, so there is no need to write anything on the parcel.

The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessories: manuals, cables, etc.) and together with the attached tax documentation. Without prejudice to the right to verify compliance with the above, DOT manifattura S.r.l. will refund the amount of the products subject to withdrawal within a maximum period of fourteen (14) days, including any shipping costs.

As provided by current legislation, to which reference is made, DOT manifattura S.r.l. may withhold the refund until receipt of the goods or, at its sole discretion, until the customer has demonstrated that they have returned the goods to DOT manifattura S.r.l.

According to Article 59 of the Consumer Code (entitled “Exceptions to the right of withdrawal”), for distance and off-premises contracts the right of withdrawal is excluded in the case of “the supply of goods made to the consumer's specifications or clearly personalized”.

Refund methods

If the Right of Withdrawal is exercised by you in accordance with the above conditions, the Seller is required to refund the sums paid by the customer within and no later than fourteen (14) days of your decision to exercise the Right of Withdrawal, provided that within the same period the product has been returned and verified by DOT manifattura S.r.l. staff.

The Seller will use for the re-credit the same means of payment you used for the initial transaction, unless you explicitly ask the Seller to use a different means and the latter agrees. If the Order was paid via PayPal, the refund will be made to the card or account used for payment, whereas if the Order was paid by Credit Card, the refund will be made to the card used for payment (it is not possible to use a different card for the refund). If the Order was paid by Bank Transfer, the refund will be made by Bank Transfer: contact customer service by e-mail at info@manojewels.it to provide us with the IBAN to which the transfer should be made. If the Order was paid by Cash on Delivery (cash payment to the courier), the refund will be made by Bank Transfer: contact customer service by e-mail at info@manojewels.it to provide us with the IBAN to which the transfer should be made. Returns are processed by customer service in approximately one working week. The timing of refunds to cards or current accounts depends directly on the banks, which generally take around 2/3 working days for the credit.

In the case of simple Withdrawal, the only costs remaining at your expense will be the initial shipping costs of the Order of the purchased products. If you chose a delivery type different from and more expensive than the standard one offered, the additional costs will not be refunded. All other costs will be refunded to you by the Seller, including the delivery costs of the goods returned following the exercise of the Right of Withdrawal (with the exception of the additional costs arising from your possible choice to use a delivery method different from and more expensive than the standard delivery type offered by the Seller).

The only case in which the customer will be entitled to a refund of the price, the shipping costs and the return costs is for the return of defective products or delivered products that do not match the Order placed by the customer, or in the event of damage to them caused by transport or by shipping errors on the part of the Seller. In the case of a return of the products just listed, DOT manifattura S.r.l. will bear the transport costs for the return of the products. The return can be requested within fourteen (14) days of receiving the items. If possible, reseal the item or items to be returned inside the same box used for our shipment; if this is not possible, for safety reasons we recommend that the return be well packaged and protected. The courier will already have with them the pre-printed label with our shipping details and the customer reference.

Product exchange, Value voucher (Store Credit)

If the right of withdrawal is exercised by you in accordance with the above conditions, you may choose to request a refund or, again through the return procedure, you may opt to obtain a voucher (Store Credit) of equal value to the amount you spent, to be used for a new and different purchase on the website www.manojewels.it; you simply need to click on the option to confirm your choice. Please remember that the voucher must be used within a final deadline of twelve months from the date of issue and, therefore, after its expiry it can no longer be used and you can no longer be refunded”.

Legal guarantee of conformity

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Consumer Code (Legal Guarantee).

More precisely, the warranty regime for products sold by DOT manifattura S.r.l. differs depending on whether the buyer is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of the sale of consumer goods and associated guarantees".

If you purchase as a "consumer", you benefit from the legal guarantee of conformity that the seller is required by law to provide on every item sold ("Legal Guarantee").

The Legal Guarantee - which DOT manifattura S.r.l. is required to provide as seller - protects the item against defects of conformity with respect to the sales contract.

Who it applies to

The Legal Guarantee, therefore, is reserved for consumers. It therefore applies only to users who made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who purchased on the Site and who do not qualify as consumers will be subject to the warranties for defects in the item sold, the warranty for lack of promised and essential qualities and the other warranties provided for by the civil code with the relevant terms, forfeitures and limitations.

When it applies

The seller (and, therefore, with regard to purchases made on the Site www.manojewels.it) is liable to the consumer for any defect of conformity existing at the time of delivery of the product and that appears within two years of such delivery. The defect of conformity must be reported to the seller, on pain of forfeiture of the guarantee, within two months from the date on which it was discovered.

The guarantee is therefore valid provided that the conditions indicated below are met:

  • the defect appears within 24 months from the date of delivery of the products;
  • the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter, unless this conflicts with prevailing mandatory rules of the Customer's country of habitual residence;
  • Unless proven otherwise, defects of conformity that appear within six months of delivery of the product are presumed to have already existed at that date, unless this assumption is incompatible with the nature of the product or with the nature of the defect of conformity. From the seventh month following delivery of the product, it will instead be the consumer's burden to prove that the defect of conformity already existed at the time of its delivery.

In order to benefit from the Legal Guarantee, you must therefore first provide proof of the date of purchase and delivery of the item. It is therefore advisable that, for the purposes of such proof, you keep the purchase invoice or any other document that can attest to the date the purchase was made (for example the credit card statement) and the date of delivery.

Personalized jewelry

Pursuant to Article 59, letter c) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the right of withdrawal is excluded for the supply of goods made to measure or clearly personalized.
This provision transposes the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, which in Article 16, letter c) excludes from the right of withdrawal “the supply of goods made to the consumer's specifications or clearly personalized”.

Therefore it is not possible to exercise the right of withdrawal for:

  • Jewelry personalized by engravings requested by the customer (e.g. names, dates, phrases);
  • Jewelry made to measure or modified according to the customer's instructions (e.g. choice of materials, stones, design);
  • Jewelry ordered with specific sizes, lengths or measurements provided by the customer.

In addition, returns or refunds are not permitted in the following cases:

  • Subjective dissatisfaction with the product (style, color, shape, aesthetic expectations);
  • Size or measurement errors attributable to incorrect or incomplete data provided by the customer at the time of the order.

This clause is also consistent with international guidelines on consumer protection in e-commerce, including:

  • the UN Guidelines for Consumer Protection (United Nations, 2016 revision), which recognize the legitimacy of restrictions on withdrawal for personalized goods;
  • the OECD Guidelines for Consumer Protection in E-commerce (OECD, 2016), which provide for reasonable exceptions to the right of withdrawal in the case of non-resalable or made-to-measure products.

In any case, the legal guarantee for defects of conformity and/or manufacturing pursuant to Articles 128 et seq. of the Consumer Code remains unaffected.

What is a defect of conformity

There is a defect of conformity when the purchased item:

  • is not fit for the use for which goods of the same type are normally used;
  • does not conform to the description given by the seller and does not possess the qualities of the item that the seller presented to the consumer as a sample or model;
  • does not have the usual qualities and performance of an item of the same type, which the consumer can reasonably expect, taking into account also the statements made in the advertising or on the labelling;
  • is not fit for the particular use intended by the consumer and which was made known by them to the seller at the time the Contract was concluded and which the seller accepted.

Therefore, any faults or malfunctions or defects of another kind caused by accidental events or by your responsibility, or by use of the product not in accordance with its intended purpose and/or with the provisions of the technical documentation attached to the product, where present, or of the relevant instructions for use, are excluded from the scope of the Legal Guarantee. As regards watches, accessories such as the strap, case and glass are generally not covered by warranty.

We also remind you that, although DOT manifattura S.r.l. constantly takes measures to ensure that the product photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the color resolution features of the computer you use. Consequently, the Seller will not be liable for any inadequacy of the graphic representations of products shown on the Site where due to the aforementioned technical reasons, since such representations are merely illustrative.

What to do in the presence of a defect of conformity

In the case of a defect of conformity duly reported within the terms, you will be entitled:

  • Primarily, to the free repair or replacement of the item, at your choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other and, therefore, in the specific case, given the type of sale, to replacement, where this is possible in relation to the number of units still available for sale;
  • Secondarily (that is, where repair or replacement are impossible or excessively burdensome, or repair or replacement have not been carried out within a reasonable time, or the repair or replacement previously carried out have caused significant inconvenience to the consumer), to a reduction of the price or to termination of the Contract, at your choice.

An excessively burdensome remedy is understood to be one that imposes on the seller unreasonable costs compared to the alternative remedies that can be pursued, taking into account (i) the value the item would have if there were no defect of conformity; (ii) the extent of the defect of conformity; (iii) whether the alternative remedy can be pursued without significant inconvenience to the consumer.

Refund or reduction as a result of the application of the legal guarantee

In the event of termination of the Contract, DOT manifattura S.r.l. will refund you the Total Amount paid. In the event of a price reduction, DOT manifattura S.r.l. will refund you the amount of the reduction previously agreed.

The amount of the refund or reduction will be communicated to you by email and credited to the chosen means or method of payment.

In particular, in the event of lack of conformity, the Customer who entered into the Contract as a Consumer will be entitled to obtain the restoration of the conformity of the products free of charge, through repair or replacement, or to obtain an appropriate price reduction or the termination of the Contract in relation to the disputed goods and the consequent refund of the price

The exchange or refund of a product with evident manufacturing defects will be possible within 7 (seven) days of receipt; beyond this timeframe, if the item falls within the specifications of the service centers (which differ for each brand) it may be taken for warranty repair. The times for warranty repairs vary depending on the product brands and may range from 45 to 60 working days.

Contacts

For any request and/or information you can contact the DOT manifattura S.r.l. team by sending an e-mail to info@manojewels.it.

Alternatively you can write to us at Viale della Repubblica, 60-62, 15048 Valenza (AL).

Communications to the customer

The Customer acknowledges, accepts and gives their consent to the fact that all communications, notifications, certifications, information, reports and, in any case, all documentation on the operations carried out, relating to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information onto a durable medium in the ways and within the limits provided for by the Site.

Privacy Policy

The Customer's data are processed by DOT manifattura S.r.l. in accordance with the provisions of the legislation on the protection of personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

Applicable law, dispute resolution and competent court

These General Terms and Conditions of Sale are governed by Italian law and shall be interpreted accordingly. Consequently, the interpretation, execution and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or arising from them must be resolved exclusively by the Italian judicial authority, as further specified below. In particular, where the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of the Customer's domicile or residence in accordance with the applicable law. Where, on the other hand, the Customer does not qualify as a consumer, the parties conventionally establish the exclusive jurisdiction of the Court of Alessandria.

Online platform for the alternative resolution of disputes (ODR)

Given that DOT manifattura S.r.l. is always willing to seek an amicable resolution of any disputes that arise, including through the direct contacts indicated, the Customer is informed that, pursuant to Article 14 of EU Regulation no. 524/2013 and the resolution on ODR referred to in Statutory Instrument no. 500/2015 in force since 15 February 2016, the European Commission has established an online platform for the resolution of ODR (“online dispute resolution”) disputes arising from the purchase of goods online, accessible at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Through the ODR platform, the Customer can consult the list of ODR bodies, find the link for each of them and start an online dispute resolution procedure. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show

Cookies

The Site uses cookies to ensure normal browsing and the use of its functionalities and, with the Customer's prior consent, to send advertising messages in line with the preferences expressed while browsing online. For more information about the cookies used by the Site or to refuse consent to their installation, the Customer can consult the notice available in the Cookie section.

Intellectual property

All elements of the Site, whether or not subject to the registration of an intellectual property right (photos, product sheets, descriptions, layouts), are the exclusive property of DOT manifattura S.r.l. and may not be used. All designs, models, brands, texts, visual or audio content, comments, works, illustrations, images reproduced on the Site www.manojewels.it are protected by copyright, brand rights and image rights and by every other applicable intellectual property right. They are the full property of DOT manifattura S.r.l. or its partners.

Any kind of reproduction or representation, being an act of counterfeiting, may give rise to civil and criminal liability of its author.

Links that refer back to the Site www.manojewels.it and that use the techniques of «framing» or «in-line linking» are formally prohibited.

In any case, any link or other content mentioned above, even if tacitly authorized, must be withdrawn immediately and upon simple request of the company DOT manifattura S.r.l., under penalty of the consequences provided by law.

Amendment of the general terms and conditions of sale

On the occasion of each amendment to these General Terms and Conditions of Sale, DOT manifattura S.r.l. will promptly publish the amended ones on the Site.

The amended General Terms and Conditions of Sale will become an integral part of the new Contracts, from the date of the first Order submitted by Customers following their publication on the Site. In the case of Orders already submitted before such notice, the previous version of the General Terms and Conditions of Sale will apply.

Severability clause

Should a present or future provision of the General Terms and Conditions of Sale and/or of the Contract be or become wholly or partly void and/or ineffective, or should there be a gap in the provisions of the General Terms and Conditions of Sale and/or of the Contract, the remaining provisions of the General Terms and Conditions of Sale and of the Contract will in any case remain valid and effective. It is understood that DOT manifattura S.r.l. and the Customer undertake to negotiate in good faith the filling of the gap or the replacement of the void and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and of safeguarding the content, including the economic content, of the Contract.

P.IVA e C.F. : 02622450068 - SDI: KRRH6B9

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