Terms & Conditions

These general terms and conditions of sale apply to the purchase of products by users qualifying as ‘consumers’ (i.e., persons who purchase one or more products for purposes not related to their business, commercial, craft, or professional activities, pursuant to and for the purposes of the so-called “Consumer Code”) through the e-commerce website www.fabera.it, owned and operated by FÀBERA S.R.L. (VAT IT07102280489 – FI – 679745), with registered office at Via delle Cascine, 33-35 – 50144 Florence; TEL (+39) 055 049 9083 Email: hello@fabera.it; PEC: faberagioiellietici@pec.it (hereinafter, FÀBERA), which handles the sale of products as ‘seller’.

Any communication from the consumer connected and/or related to the purchase of products – including any reports, complaints, requests concerning the purchase and/or delivery thereof, the exercise of the right of withdrawal, etc. – must be sent to the seller at the contacts and according to the methods indicated on the website www.fabera.it and, in any case, to the email address hello@fabera.it.

Each purchase is governed by these general terms and conditions of sale in the version published on the aforementioned Site at the time of transmission of the order by the consumer.

Should one or more sales be made to a person not qualifying as a consumer within the meaning of the referenced legislation and specified above, namely by a professional – defined as any natural or legal person who places an order in the exercise of their business, commercial, craft, or professional activity – these general terms and conditions of sale will still apply but, in derogation to what is provided therein:

(a) the non-consumer purchaser will not be granted the right of withdrawal as provided in the shipping and return section, and in case of disputes, the so-called consumer forum will not have jurisdiction;

(b) the non-consumer purchaser may not benefit from the product warranty mentioned below;

(c) the non-consumer purchaser will not be granted other possible protections provided here in favor of the consumer that reflect or conform to mandatory legal provisions;

(d) the sales contract concluded between the seller and the purchaser will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

Simultaneously with the transmission of the purchase order, the Consumer accepts that confirmation of information related to the order placed, which will also contain the link to these general terms and conditions of sale, will be sent via email to the address declared during registration on the aforementioned website or during the purchase process.

To make purchases through the www.fabera.it site, the purchaser must be of legal age (over 18 years old).

The Seller reserves the right to modify these general terms and conditions of sale at any time, at its discretion, without the need to provide any notice to users of the www.fabera.it Site. Any modifications made will be effective from the date of publication on the aforementioned Site and will apply only to sales concluded from that moment.

Product Characteristics

The products sold by FÀBERA through the aforementioned Site are:

1. The jewelry present in the electronic catalog published on www.fabera.it at the time the order is placed by the purchaser;
2. The jewelry that you can personalize, by directly accessing the “COLLECTIONS”, “ENGAGEMENT RINGS” and “WEDDING BANDS” sections where you can choose the color of 18-carat gold (18k yellow gold, 18k white gold, and 18k rose gold), the characteristics of the stone, and the finger size in the case of rings. For some jewelry in the collections, engagement rings, and wedding bands, you will also have the possibility to add an engraving of 20 characters;

These products are sold with the characteristics described on the aforementioned Site and according to these general terms and conditions of sale in the version published on the Site itself at the time of sending the order, excluding any other condition or term.

FÀBERA notes that the images and descriptions of products published on the Site reproduce as faithfully as possible the real characteristics of the products themselves. It is understood that such images and descriptions may not be perfectly representative of the products and must therefore be considered as indicative and with usage tolerances.

The products on sale on FÀBERA, their prices and/or characteristics are subject to change without notice. Before sending the purchase order, the purchaser is invited to verify the final sale price.

It is also noted that the prices indicated in the electronic catalog published on fabera.it are to be understood as VAT inclusive.

Purchase Methods for Products in Catalog – Completion of Each Individual Purchase Contract

The presentation of products on www.fabera.it, not binding for the seller, represents a mere invitation addressed to the consumer to formulate a contractual purchase proposal and not an offer to the public pursuant to art. 1336 of the Civil Code, with every decision regarding the acceptance of proposals eventually formulated remaining at the full discretion of the seller.

The purchase order transmitted by the purchaser to the seller through the Site has the value of a contractual proposal and is governed by these general terms and conditions of sale, which constitute an integral part of the order itself, and which the purchaser, with the transmission of the order to the seller, is required to accept fully and without any reservation. Before proceeding with the purchase of products, through sending the purchase order, the user will be asked to carefully read these general terms and conditions of sale and the information on the right of withdrawal, inviting the user/purchaser to print a copy or to store or reproduce a copy for their personal use.

The purchase order is accepted by the seller by sending the purchaser, to the email address declared at the time of registration on the www.fabera.it Site or transmission of the order (in case of non-registration on the Site), an email confirming the submitted order and with which FÀBERA, having verified the actual payment of the goods, will send a summary of the order placed and a description of the characteristics of the ordered product. The purchaser expressly accepts that the execution of the contract by the seller will begin at the moment of crediting the price of the purchased product(s) to the seller’s bank account. Each contract for the purchase of products is considered concluded at the moment the purchaser receives confirmation of the order from the seller via email as specified above.

The purchaser’s order, the seller’s order confirmation, and the general terms and conditions of sale applicable to the relationship between the aforementioned parties will be electronically archived by the seller in its computer systems (for 26 months) and the user may request a copy by sending a communication via email to the seller at hello@fabera.it

Product Selection and Purchase Procedure

The products presented in the Site catalog may be purchased directly through selection by the user and their insertion into the appropriate virtual shopping cart. Once the selection of chosen products is completed, to proceed with the purchase of products inserted in the cart, the purchaser will be invited to simply provide their data to complete the order and proceed with the completion of the contract, possibly indicating the different name of the recipient (if different from the purchaser), the shipping address and billing address, as well as the purchaser’s tax code and a telephone number where they can be contacted for communications related to the purchase made. The purchaser may then view a summary of the order to be executed, of which they may modify the contents, and finally will be asked to proceed with the purchase, which will thus be definitively sent to the seller. The purchaser will also be asked to choose the payment method from those available on the site. FÀBERA does not have access to and does not store credit card data used for payment of products.

Delivery of Goods and Acceptance

FÀBERA indicates the availability of products and their delivery times; such information, however, is to be considered purely indicative and not binding for the seller.

Having ascertained receipt of payment and completed the creation of the jewelry, where the purchase concerns products that must be custom-made or made to order for the customer, delivery is usually executed within the following terms:

• 2/3 days (working days), if the destination address is in Italy, San Marino, and Vatican, and is free;
• 5/7 days (working days), if the destination address is in one of the following countries: Germany, France, Spain, Belgium, Netherlands, Portugal, Austria, Switzerland, Bulgaria, Denmark, Estonia, Finland, Greece, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Poland, Ireland, Czech Republic, Romania, Slovakia, Slovenia, Sweden, Hungary, and is free;
• 5/10 days (working days), if the destination address is in foreign countries (non-European Union): United Kingdom (Great Britain), United States, Canada, and is to be agreed with the seller.

For foreign countries outside the European Union, any customs duties and any other sales taxes will be borne by the purchaser.
The purchaser’s lack of knowledge of the costs, charges, duties, taxes, and/or taxes mentioned above at the time of sending an order to the seller may not constitute grounds for contract termination and may not in any way constitute a source of charging the aforementioned charges to the seller.

FÀBERA undertakes to respect the indicated delivery times and which, in any case, will occur within 30 (thirty) working days, as expressly provided by the Consumer Code.

The purchaser may verify the status of their shipment by tracking it online through the tracking number provided in the purchase confirmation email and thus on the carrier’s Site indicated.

Any liability on the part of the seller is excluded in case of non-execution of the order, due to possible unavailability, even temporary, of the purchased product. The seller makes itself available to find equal or superior quality materials, provided that the price remains unchanged compared to that agreed, in which case it will provide written communication to the purchaser and if requested, the seller will refund any amounts already paid for payment of the product.

Seller’s Legal Guarantee of Conformity, Reporting of Conformity Defects and Warranty Interventions

Pursuant to and for the purposes of European Directive 44/99/EC, Legislative Decree 206/2005 and subsequent amendments (so-called Consumer Code), the seller guarantees to the purchaser that the products will be free from design and material defects as well as conforming to the descriptions published on the Site for a period of 1 (one) year from the date of delivery of the products themselves. The application of any warranty is excluded in case of use of the product not conforming to that proper to the product and to the instructions/warnings provided by the seller or reported in the reference illustrative documentation, tags or labels, and in the warranty certificate.

Under penalty of forfeiture of this warranty, the consumer has the burden of reporting any defects and non-conformities within and no later than 15 (fifteen) days from discovery, by sending a communication to the email address hello@fabera.it, indicating the defect and/or non-conformity found as well as related photographic documentation.

Following receipt of the request and related documentation, the seller will verify and evaluate, through appropriate controls, the defects and non-conformities thus reported. The consumer will have the right to repair or replacement of the product, where possible considering the availability of the product, and except that the replacement or repair does not result excessively burdensome for FÀBERA considering the value that the product would have if there were no conformity defect, the extent of such defect, and the possibility that the alternative remedy can be used without significant inconvenience to the consumer.

Should the seller be required to refund the consumer the price paid, the refund will be made, where possible, through the same payment method used at the time of purchase or by bank transfer. It will be the consumer’s burden to communicate to the seller, when requesting the return or via email to hello@fabera.it, the bank details for execution of the transfer in their favor.

Right of Withdrawal – Exceptions to the Right of Withdrawal

The “consumer” Customer, pursuant to art. 3 of Legislative Decree 206/2005 (so-called “Consumer Code”), who acts for purposes unrelated to their business or professional activity, whether they are not qualifiable as “consumer”, has the right to withdraw from the Contract within 14 days from the conclusion of the distance contract, however the right of withdrawal is excluded with regard to the cases provided for by art. 59 of Legislative Decree no. 206/2005 (so-called Consumer Code) and where it establishes that the right of withdrawal is expressly excluded for:

• supply of goods custom-made or clearly personalized based on the final customer’s choices (art. 59 CdC letter c), (by way of example and not exhaustive: engraving corresponds to personalization, the size of a ring also corresponds to personalization).

The “consumer” Customer acknowledges and accepts that in the cases listed, the provisions on the right of withdrawal are not applicable.

Consumer Data and Privacy Protection

To proceed with sending the order and thus concluding the contract, the purchaser must provide some personal data required through the Site that will be recorded and used by the Seller in compliance with and in respect of the regulations of EU Regulation 2016/679 and Legislative Decree no. 196/2003 and subsequent amendments (so-called Privacy Code) to execute each purchase made through the Site and, with prior consent, for any additional activities as indicated in the appropriate privacy policy provided through the Site.

For any further information on the methods of processing personal data, reference is made to the Privacy Policy and Cookie Policy section that the purchaser declares to have read and accepted together with these General Terms and Conditions of Sale.

Copyright

All texts, images, and trademarks appearing on the www.fabera.it site are protected by copyright and intellectual property laws; therefore, any unauthorized use will be prosecuted pursuant to and for the purposes of current regulations on the matter. The user who has a personal website on the Internet and wishes to insert, for personal use, on their website a direct link to the homepage of the www.fabera.it site, must request authorization from FÀBERA and, in that case, it will not be an implicit affiliation contract. Furthermore, any hypertext link to the www.fabera.it site, using the technique of framing, deep-linking, in-line linking, or any other deep linking technique, is prohibited in any case.

Applicable Law and Competent Forum

The contract concluded between the seller and the consumer pursuant to these terms of sale will be governed and interpreted in accordance with Italian laws and, in particular, Legislative Decree 206/2005. Disputes between the seller and the consumer, arising from the contract between them thus governed, will be referred to the judge of the place of residence or domicile of the consumer, in the aforementioned meaning and referred to in the consumer code, if located in the territory of the State. In all other cases, jurisdiction will be exclusively devolved to the Court of Florence.

FÀBERA informs users that the European Commission also provides the possibility of resorting to amicable resolution of disputes through the EU online platform (article 14, paragraph 1 Regulation (EU) 524/2013), accessible from the following link: http://ec.europa.eu/odr