Conditions of Sale

1. What is governed by these sales conditions

These general sales conditions govern the relationship between Di Otonowa S.r.l. (“DI OTONOWA”) –with registered office at Via Della Spiga 15, Milan, registered in the Business Registry of Milan, REA no. 2025547, VAT no. 08431460966 – and the person – (hereinafter “the CLIENT”) – who buys a product on the website www.diotonowa.com (hereinafter “the Website”).

2. Products available on the Website

2.1. Three different product categories can be purchased on the Website:

a. “jewellery” products: the CLIENT can choose on the website the colour and size and any other product features.

b. “custom order” products: the CLIENT can choose different types and various qualities of stones that make up the “jewellery” products or can choose a combination of colours and materials that are not presented on the Website.

c. “high jewellery” products: the CLIENT can choose colours, materials and stones in completely customised combinations from the concept presented on the website page "High Jewellery".

2.2. All products are created after the order has been accepted. The components of the products are available in limited quantities.

It is possible that, due to the simultaneous presence of multiple users on the website, the products could be sold to other customers before the confirmation of your order.

For this reason, once we receive the order, DI OTONOWA will inform the CLIENT by email if an ordered product is not available.

With regard to “custom order” and “high jewellery” products, DI OTONOWA reserves the right to inform the CLIENT whether it is possible to make the requested product or not, and the price and delivery time of the product.

3. How and when the sales contract is concluded

3.1. The CLIENT who intends to purchase the products on the website must register by entering the required data. If already registered, the CLIENT must logon to the website.

3.2. To purchase a “jewellery” product the CLIENT:

a. selects the product features and adds the product to their cart;

b. goes to a summary page with the selected products, the price and delivery times;

c. places an order using the special button;

d. receives an email confirmation from DI OTONOWA for the order.

3.3. To purchase a “custom order” or “high jewellery” product, the CLIENT:

a. sends a specific request to DI OTONOWA via email or a special contact form on the website indicating the features of the product to be purchased;

b. receives an email from DI OTONOWA which shows the product price and delivery times;

c. goes to a summary page with the selected products, the price and delivery times;

d. places an order using the special button;

e. receives an order confirmation email from DI OTONOWA for the order.

3.4. In any case, the order that the CLIENT submits to DI OTONOWA using the website constitutes a contract proposal.

The sales contract is considered concluded when DI OTONOWA sends the CLIENT an order confirmation email.

The order confirmation email contains the CLIENT’s personal data, the order number, product features (such as the materials and sizes) the price of the goods purchased, delivery times, shipping costs, delivery address where the goods will be sent and a link that can be used to print and keep a copy of these terms.

The CLIENT must verify the correctness of the personal data contained in the order confirmation email as well as the correctness of all the other data listed above relating to the order and reflected in the order confirmation email; the CLIENT agrees to immediately notify DI OTONOWA of any errors and corrections.

4. Who can buy on diotonowa.com

4.1. Purchasing the products featured on diotonowa.com is permitted only to persons who are at least 18 years of age and are classified as consumers according to Article 3 of Italian Legislative Decree 206/2005 (Consumer Code). According to Art. 3 “a consumer is an individual acting for purposes unrelated to business commercial, artisanry or professional activities”.

4.2. During the phase of purchasing the products, the CLIENT is obliged to provide truthful, correct and complete information. The CLIENT is also obliged to immediately notify OTONOWA of any change in the data provided.

The CLIENT agrees to indemnify and hold OTONOWA harmless from any obligation for compensation and/or penalty in any way related to a failure to comply with these rules relating to providing, communicating and updating their own data, except for the wilful misconduct or gross negligence of DI OTONOWA.

5. Product information

DI OTONOWA uses its best effort to describe and illustrate the items sold on the website as accurately as possible.

However it cannot guarantee that the colours and the details of the images on the website correspond 100% to those of the actual product. Small differences are sometimes also possible because of the Internet browser or monitor used by the CLIENT.

If there is a difference between the image and the written description of the product, the written description always prevails.

6. Product prices

All prices quoted on the website include VAT.

Despite DI OTONOWA making every effort to avoid it, a product may still be listed on the website by error at a different price than the actual one.

When DI OTONOWA checks the CLIENT’s order, it will verify the correctness of the product prices.

If the price shown on the website turns out to be lower than the correct sales price for the product, DI OTONOWA will contact the CLIENT to see if they still intend to buy the product at the correct price. If the CLIENT does not want to purchase it at the correct price, DI OTONOWA cannot accept the order.

If a product's correct price is lower than what is indicated on the website, DI OTONOWA will charge the CLIENT only the correct lower price and will in any case ship the product to the CLIENT.

7. Payment

Payment can be made via Paypal, credit card-through the payment service offered by Monte dei Paschi di Siena – or by bank transfer.

Only the payment service provider has access to the data on the credit card used for payment, while DI OTONOWA has no opportunity to acquire or store these data.

7.1. If the CLIENT pays via Paypal, the amount of the order is debited from the PayPal account at the time when the order is acquired.

In case of cancellation by the CLIENT and in case of rejection of DI OTONOWA, the amount will be refunded to the CLIENT's same PayPal account.

7.2. If the client pays by bank transfer DI OTONOWA will execute the order only after the actual crediting to the current account of DI OTONOWA. This credit must take place within 5 working days from the date of accepting the order, after which the order is automatically cancelled.

The bank details of the bank necessary to make the bank transfer will be stated in the order confirmation email.

8. Delivery of products

8.1. The products will be delivered by courier to the address indicated by the CLIENT when ordering, within the time limit specified in the order confirmation email sent by DI OTONOWA.

Products may also be picked up by the CLIENT at the headquarters of DI OTONOWA in the manner specified in the order confirmation email.

Delivery times vary depending on the product ordered.

The delivery times indicated in the product datasheet on the website are approximate and not binding for DI OTONOWA.

The delivery period stated in the order confirmation email may later change, which DI OTONOWA will communicate promptly to the CLIENT.

Shipping costs are borne by the CLIENT and are indicated before the CLIENT submits the order as well as in the order confirmation email.

8.2. Delivery abroad

If the products ordered on the Website are delivered outside of Italy, import duties and taxes may apply, payable once the package reaches the specified destination.

Any costs of this kind will be borne by the CLIENT.

DI OTONOWA has no control over these charges and cannot predict the amount thereof.

9. Product warranty

Products sold by DI OTONOWA are covered by a legal guarantee of conformity.

If the CLIENT receives products that do not conform with the sales contract, they will be entitled to request, without incurring expenses, the repair or replacement of the product.

The CLIENT can exercise this right if the lack of conformity becomes apparent within 2 years from the delivery and if the defect is claimed to DI OTONOWA within 2 months from the day it was detected.

10. Right of withdrawal

10.1 In accordance with Article 59 of the Consumer Code, the right of withdrawal is excluded in a case selling goods made to the consumer's specifications or clearly customised: therefore, the right of withdrawal is excluded in the event of that a “custom order” and a “high jewellery” product is purchased, as described in Article 2 of these conditions of sale.

10.2 Except for this case and the others under the provisions of Article 59, the CLIENT is entitled to withdraw from the sales contract concluded with DI OTONOWA within 14 days from the date of receipt of the product and without providing any reason.

The CLIENT must notify DI OTONOWA of the decision to exercise the right of withdrawal at this address: customerservice@diotonowa.com.

DI OTONOWA will inform the CLIENT about receiving this notice of withdrawal.

Once DI OTONOWA has been notified of this decision, the CLIENT must return the purchased product within 14 days.

The product must be returned to the following address: Via Della Spiga 15, 20121 Milan (MI), Italy

The product must be returned in its original condition-complete with all its parts and each document appended thereto – and in the original packaging.

The costs for returning the product are charged to the CLIENT.

Within 14 days of the moment when DI OTONOWA becomes aware of the decision to withdraw, DI OTONOWA will refund the amount paid by the CLIENT, including any shipping costs incurred when buying the product and excluding any duties or import taxes incurred by the CLIENT.

DI OTONOWA will refund the amount using the same means of payment chosen by the CLIENT during the purchase.

DI OTONOWA may suspend the refund until such time as it receives the product, or until the CLIENT proves that the goods have been returned to DI OTONOWA.

11. Responsibility

DI OTONOWA is not responsible for disruptions due to force majeure or acts of God, even if this depended on malfunctions and disruptions of the internet network, in a case where it is not able to execute the order within the time stipulated in the contract.

DI OTONOWA is not responsible for damages of any nature whatsoever resulting from improper use of the product and/or not in accordance with the features of the same product.

DI OTONOWA is in no way responsible for the fulfillment of any obligations of third parties who may offer warranty extensions in relation to their products for sale on the Website.

DI OTONOWA, except in cases of wilful misconduct or gross negligence, is solely responsible for the damage that is a direct and immediate consequence of its failure to respect the provisions in these general conditions of sale and that was foreseeable at the time of concluding the sales contract.

12. Governing law and jurisdiction

These General Conditions are governed by Italian law.

The CLIENT may attempt to resolve any dispute related to purchasing on the Website through the ODR platform (Online Dispute Resolution), created and managed by the European Union.

The CLIENT can access the ODR platform from this link: http://ec.europa.eu/consumers/odr

Any disputes relating to these terms and conditions of sale, if not settled amicably, shall be submitted to the exclusive jurisdiction of the courts at the CLIENT’s place of residence or domicile.

If such a place is not located within the EU, it will fall under the exclusive jurisdiction of the Court of Milan.