Terms & Conditions
Fabiani Group Spa constantly aims to fully satisfy its customers. For this reason, the quality of the services and jewels offered to our customers is the company's primary objective. Each jewel is rigorously subjected to controls, from the moment of acquisition of raw materials, to manufacturing and shipping.
Object of the online contract and its definition
The contract stipulated between Fabiani Group Spa and the Customer must be considered concluded with the acceptance of the order by Fabiani Group Spa. Such acceptance is considered tacit, unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Customer declares that he has read all the information provided to him during the purchase procedure, and that he fully accepts the general and payment conditions transcribed below. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability of Fabiani Group Spa for direct or indirect damages to persons and/or things, caused by the failure to accept an order. By online sales contract we mean the distance contract and that is the legal transaction having as its object movable goods and/or services stipulated between a supplier, Fabiani Group Spa with headquarters in Rome, Via Collatina 858, PI 01611280478 registered in the Registered in the Chamber of Commerce of Rome in 2013 number REA RM-1354552, and a consumer/customer within a distance selling system organized by the supplier who, for such contract, uses exclusively the distance communication technology called internet. All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address www.fabianigioiellerie.com, where, following the indicated procedures, the customer will conclude the contract for the purchase of the goods. The customer, once the online purchase procedure has been concluded, will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of articles. 3 and 4 of Legislative Decree 185/1999 on distance selling. The conditions of sale are listed below and will remain effective until they are changed by the supplier. Any changes to the conditions of sale will be effective from the moment they are published on the website www.fabianigioiellerie.com and will refer to sales made from that moment on. The customer therefore undertakes and is obliged, whenever there is a change to these general conditions, to print and keep them.
The buyer is strictly prohibited from entering false and/or fictitious data in the registration procedure required to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail address must be exclusively their own real personal data and not those of third parties, or fictitious. It is expressly prohibited to make multiple registrations corresponding to the same person or enter data of third parties. Fabiani Group Spa reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. The Customer indemnifies Fabiani Group Spa from any liability arising from the issuing of incorrect tax documents due to errors relating to the data provided by the Customer, the Customer being solely responsible for the correct entry.
Orders
Orders are accepted only and exclusively via the Internet (on line).
The customer who sends the order via the Internet will receive, at the end of the procedure, a confirmation of the order, via electronic mail (E-mail), with the indication of the relative order number.
Features of the jewelry
The jewels comply with article L. 111-1 of the consumer code. The buyer must, before ordering, read on the website www.fabianigioiellerie.com the essential characteristics of the jewel(s) he/she wishes to order.
Selling prices and purchasing methods
The Customer may purchase only the products present in the electronic catalogue of www.fabianigioiellerie.com at the time of placing the order and viewable online at the address (URL) www.fabianigioiellerie.com, as described in the relevant information sheets.
It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ in color, size, etc.
The prices indicated (shown in euros) are those in force at the time the purchase voucher is registered by the buyer.
The selling prices do not include shipping costs but are invoiced in addition to the price of the purchased jewel. Shipping costs are indicated before and after the order is registered.
All sales prices of the products displayed and indicated on the website www.fabianigioiellerie.com, for which they constitute an offer to the public pursuant to art. 1336 of the Civil Code, include VAT and any other tax; the cost of transport is duly highlighted on the appropriate page on the website that the customer will be required to view during the purchase confirmation phase; in the case of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the country of destination will be borne by the customer. The purchase contract is finalized through the exact compilation and consent to the purchase expressed through the adhesion given online. The customer can pay for the goods ordered using the payment methods indicated online at the time of purchase.
Fabiani Group Spa reserves the right to modify its current rates at any time and when it deems it necessary without prior notice.
The customer will be charged a contribution for shipping costs, where required, if clearly displayed before completing the order, variable in relation to weight, dimensions and destination (in Italy or abroad) of the order itself. The purchase contract is completed through the exact compilation and consent to the purchase expressed through the adhesion given "on line".
Payments
The amount of the expense must be paid at the time of the Buyer's order. As soon as the expense is collected, Fabiani Group Spa processes the order and ships within the times given. To pay for his jewelry order, the Buyer has the following payment methods:
– Online payments
Execution of the contract and delivery methods
Order
The buyer's order must be confirmed by Fabiani Group Spa via email. The sale can be considered concluded only after Fabiani Group Spa has sent the buyer the order confirmation, which will have collected the total amount. Fabiani Group Spa recommends that the Buyer keep this information on a paper or electronic document.
Fabiani Group Spa will deliver the selected and ordered products to customers, using the methods shown, by trusted couriers and/or shipping agents. Delivery times may vary from the same day of the order to a maximum of seven working days, and will never exceed, in any case, those set out in Legislative Decree 206/05 (30 days from order date). The aforementioned delivery times refer to products in stock at the time of the order. Delivery will be carried out by carriers mainly at street level. However, no responsibility can be attributed to the supplier for delayed or failed delivery attributable to force majeure or unforeseeable circumstances.
Delivery and reception
The products will be delivered to the Buyer's address on the order form. Invoices are automatically available on the Customer's email, once the order has been validated.
Orders are normally processed within 2/3 working days, except during holiday periods when special orders (for example: watches or rings with specific sizes) may take up to 7 working days to process.
Features of delivery by express courier: UPS
Estimated delivery time is 48 hours (2 working days) from the date of shipment. For Basilicata, Campania, Calabria, Puglia and the Islands, delivery may require 1-2 additional days. In the event of a delay, the Buyer must report the fact via email to our company in order to allow us to improve the quality of our services and to undertake an investigation with the carrier.
In the event of deterioration or loss and following our investigations, Fabiani Group Spa will proceed at its own expense with a new shipment of the jewels ordered by the Buyer, only in the event that no liability can be identified on the part of the carrier (art. 1678 et seq. of the Civil Code) or on the part of the customer.
Fabiani Group Spa delivers throughout Italy. Shipping costs are paid by the buyer. For amounts equal to or greater than € 39.00 (VAT included) shipping will be free. In the case of international shipping, the request will be verified and shipping costs will be calculated and will be paid by the buyer.
Product Availability
The customer may purchase the products indicated in the electronic catalogue prepared (present on the website www.fabianigioiellerie.com) and in the quantities available in stock.
Non-Fabiani branded items may not be directly available in stock and therefore may have delivery times that vary based on availability and manufacturer restocking times.
Promotions
The discounts applied to products purchased on this site may differ from those applied at points of sale, for the same items and/or product categories.
Responsibility
Fabiani Group Spa assumes no responsibility for disruptions attributable to force majeure (such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, etc.), in the event of stock shortages or unavailability of the jewel, strikes of postal services and means of transport and/or communications and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframes. Fabiani Group Spa will not be liable to any party for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above.
Fabiani Group Spa is not responsible for any damage or loss, direct and/or indirect, resulting from the sale of goods and services offered in the catalogue published on the Fabiani Group Spa website, nor for the correspondence of the goods to the specifications published on the website, nor for any other fact not directly attributable to Fabiani Group Spa.
Fabiani Group Spa is free from any and all liability relating to the goods from the moment in which the same are delivered without reservations to the carrier for transport.
The Customer, therefore, from the moment he receives the damaged goods or requests their return to the carrier, has direct and exclusive action against the carrier himself. The latter is also responsible for the delay in delivery of the goods to the recipient.
Fabiani Group Spa is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of purchasing the products, not being, at any time during the purchase procedure, able to know the buyer's credit card number which, through a protected connection, is transmitted directly to the banking service manager.
Guarantees and assistance methods
Fabiani Group Spa sells high quality products, covered by a minimum guarantee of 24 months from the date of purchase excluding interventions due to improper use of the object (collision, impact, wear from rubbing/chemical products, etc.)
Fabiani Group Spa directly handles the management of the return under warranty, and the subsequent return phase. To allow tracking of your product in this phase, the customer must request the order number of the product by contacting Fabiani Group Spa by telephone at no. 342 320 2228
In any case, the reference legislation and the methods of application of the guarantee are those indicated and highlighted in the certificate attached to the product. The goods subject to return under guarantee will be sent by Fabiani Group Spa to the address indicated by the customer. If the customer wishes to change his/her address during shipping, he/she must inform Fabiani Group Spa in the time necessary to allow us to make the necessary arrangements. Otherwise, Fabiani Group Spa cannot be held responsible for the non-execution of the contract.
Buyer's obligations
The customer undertakes and is obliged, once the online purchase procedure has been concluded, to print and keep these general conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition of Legislative Decree 206/05. The buyer is strictly prohibited from entering false and/or invented and/or imaginary data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively his/her real personal data and not those of third parties, or imaginary. Fabiani Group Spa reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
Right of withdrawal
The customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 days (Legislative Decree 21) starting for the goods from the day of their receipt, for the services from the day of the conclusion of the online contract.
To make any return, the Buyer must follow the following instructions:
- Inform customer service;
- Return the entire order (including the certificate of authenticity, the case and the jewel);
- Send the package back.
Any risk related to jewelry returns such as loss, degradation or theft is borne by the Buyer.
The withdrawal must be expressed by sending within the aforementioned term of 7 days a registered letter with acknowledgement of receipt to the following address Fabiani Group Spa Via Ponte Monsummano 62, 51018, Pieve a Nievole (PT). Within the same term a fax can be sent to the number 0572525068 or an email to the address info@fabianigioiellerie.com which must be followed within 48 hours by the aforementioned registered letter with acknowledgement of receipt to confirm the expressed withdrawal.
Once the aforementioned communication of withdrawal has been received, Fabiani Group Spa will communicate to the customer the instructions on how to return the goods.
Within the above-mentioned term of 7 days, the purchased goods to be returned must be returned to the sender-supplier, intact and in their original packaging, accompanied by any manuals, without any missing parts. The return costs will be borne by the customer. Fabiani Group Spa will forward the entire amount (excluding shipping costs) paid by the customer within 30 days from the date of receipt of the goods shipped by the customer, without prejudice to any repair costs for ascertained damage to the goods.
The right of withdrawal is however subject to the following conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise the right of withdrawal on only part of the product purchased;
- the purchased item must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the application of labels or adhesive tape directly on the original packaging of the product must be avoided;
- by law, the shipping costs for returning the goods are the responsibility of the customer; furthermore, the delivery costs to the customer and any other additional costs highlighted at the time of placing the order will not be reimbursed; the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
Fabiani Group Spa is not responsible in any way for damage or theft/loss of goods returned with uninsured shipments; upon arrival at the warehouse, the product will be examined to assess any damage or tampering. If the packaging and/or original wrapping are damaged, Fabiani Group Spa will withhold a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
Except for any repair costs for damages found to the original packaging, Fabiani Group Spa will refund the customer the entire amount already paid (excluding shipping costs), within 30 days of the return of the goods, by reversing the amount charged to the credit card or by bank transfer. In the latter case, the customer will be responsible for promptly providing the bank details on which to obtain the refund (IBAN code of the invoice holder).
The right of withdrawal lapses entirely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Fabiani Group Spa ascertains:
- the careless use of the goods which has compromised their integrity, or the use of any consumable materials;
- the lack of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product (accessories, manuals, parts, ...);
- damage to the product.
In the event of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Fabiani Group Spa, available to the Customer for collection at his/her own expense.
Contract termination and express termination clause
Fabiani Group Spa has the right to terminate the contract stipulated by simply giving notice to the customer with adequate and justified reasons; in this case the customer will be entitled exclusively to the refund of any sum already paid. The obligations assumed by the customer, as well as the guarantee of successful payment that the customer makes with the means provided, are essential, so that by express agreement, the non-fulfilment, by the Customer, of just one of said obligations will determine the termination of the contract by right pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of Fabiani Group Spa to take legal action for compensation for further damages.
Jurisdiction and competent court
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the website www.fabianigioiellerie.com is subject to Italian jurisdiction; these general conditions refer, for anything not expressly provided for therein, to the combined provisions of Legislative Decree no. 50 of 15.1.1992 and Legislative Decree 206/05. For any dispute between the parties regarding this contract, the Court of Pistoia will have jurisdiction.
Technical information
Fabiani Group Spa reserves the right to modify/adapt the technical and dimensional information of the products in the catalogue at its discretion, even without prior notice.
Product Availability
The availability of the products is clearly visible, through a counter, from the product catalogue published on the Fabiani Group Spa website. There may be cases where a purchase is not successful because, being an online shop, the availability may reach 0 when a person is completing the purchase procedure.
Risk and ownership
The goods are shipped carriage paid, insured with charge on the invoice; in the event that the goods are shipped carriage forward, upon indication of the customer, the risk is to be considered borne by the customer from the delivery of the goods from its warehouses to the carrier.
Upon delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document (DDT).
In the event of obvious damage, the Customer has the obligation to make reservations to the carrier, in relation to the items transported at the time of delivery by the carrier itself, under penalty of forfeiture. In the event of partial loss or damage not recognisable at the time of delivery, the Customer must report the damage as soon as it is discovered no later than eight days after receipt, under penalty of forfeiture (art. 1698 cc).
In the event of non-conformity, the same must be reported on the same accompanying document and confirmed, within seven days to the number (0572/520228), or by fax, or by email, and always and in any case by registered mail, to Fabiani Group Spa. Even in the presence of intact packaging, the goods must be checked by Fabiani Group Spa within seven days of receipt.
Any hidden anomalies must be reported in writing by registered mail within and no later than 7 days of discovery. Any reports beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.
In the event that, within 7 days of delivery of the purchased goods, defects of conformity with the contract appear, the Customer has the right to contact Fabiani Group Spa, requesting, at his choice, the repair or replacement of the goods, unless the requested remedy is objectively impossible or excessively onerous compared to the other, or, if the conditions exist, the reduction of the price or the termination of the contract; the communication must be made by registered mail with return receipt, to the Fabiani Group Spa sales representative.
Fabiani Group Spa, where its own liability is found, will arrange for the collection of the product at its own expense, following the prior, essential communication of the order code.
Fabiani Group Spa reserves the right to charge the customer for any costs incurred for checking the product and for shipping it, if it is found to be intact and functioning or free from the defect of conformity complained of and referable to the date of delivery, differently from what was declared by the customer.