GENERAL CONDITIONS OF ONLINE SALE

1. SUBJECT

1.1. These General Conditions govern the Contract for the online sale of the Products offered by Gens Aurea S.p.A through the Luxury Zone online store and, in particular, the internet site www.luxuryzone.it.
1.2 Pursuant to and in accordance with articles 7 and 12 of Legislative Decree no. 70/2003, notice is given to Customers that the service provider of the information society of the Website and subject to the General Conditions is Gens Aurea S.p.A., with registered office in Osnago (LC), Via Mazzini 24, listed on the Lecco Business Register, registration number, VAT No. and tax code 06702220960.

2. DEFINITIONS

2.1. In these General Conditions, terms not otherwise defined shall have the meaning attributed to them below.
“Acceptance” means the contractual acceptance of the Purchase Order by Gens Aurea, following verification of the availability of the Product.

“Luxury Zone Account” means a Registered Customer’s personal account that can be accessed from the Website and allocated in the “My account” section. From the Luxury Zone Account, a Registered Customer can check their Purchase Orders and change their personal details.

“Customer” means any person, whether or not registration has been completed, who navigates within the Website.

“Registered Customer” means a user who has successfully completed the Website’s registration procedure, choosing their own access credentials. A Registered Customer can navigate within the Website and their own Luxury Zone Account and to use all the services available on the Website. A Registered Customer must complete their own profile with their personal data before concluding the Contract.

“Civil Code” means the Royal Decree of 16 March 1942 No. 262 and subsequent amendments and supplements.

“Consumer Code” means the Legislative Decree of 6 September 2005 No. 206 and subsequent amendments and supplements.

“Discount Code” means a code by which a Registered Customer can obtain a fixed or percentage discount on the Product price (not on the shipping costs).

“Content” means all the information, videos, images, sounds, music, photographs, software, newsletters (containing information to help use the Website and, as a consequence, to be considered an integral part), animations, databases, the design and contents, brands, logos, the technical solutions adopted, the graphic creations, the look and feel, the structure and any other part already created or to be created, be they registered or not, covered by copyright or legally protected or not, published on the Website or any other material (in any form) or service that is made available through the Website to the Customers, here including the information sheets regarding the Products, images or descriptions regarding the Products, in addition to brands or logos of third parties that are producers or suppliers of Products.

“Contract” means, jointly, these General Conditions of Sale (including any document referred to in these General Conditions), the Purchase Order and the Acceptance, as well as any additional condition published on the Website and additional rules and/or instructions in the information sheets of the individual Products or, in any event, published on the Website.

“Gens Aurea” is the company Gens Aurea S.p.A. with registered office in Osnago (LC), Via Mazzini 24, listed on the Lecco Business Register, registration number, VAT no. and tax code 06702220960. Gens Aurea is an Italian de jure company operating in the sector of the sale of precious stones, watches and valuable objects, among other things.

“Luxury Zone” means the only sales store on the Website, called Luxury Zone and managed by Gens Aurea S.p.A..

“Purchase Order” means the contractual proposal formulated by the Registered Customer for the purchase of a Product on the Website and sent to Gens Aurea in compliance with the purchase procedure referred to in article 5 below. 

“Point of Sale” means one of the Luxury Zone brand points of sale of Gens Aurea indicated on the Website at the time the Product delivery method is selected.

“Product” means any precious object, jewel, watch or accessory offered for sale on the Website and any other product offered for sale on the Website.

“Website” means the internet site www.luxury-zone.it, to which access can be also gained, via redirect, from the websites www.luxuryzone.euwww.luxury-zone.eu www.luxury-zone.it www.luxuryzone.net .

“Shipping Agent” means the shipping agents Ferrari or TNT, or GLS, or another shipping agent selected from time to time by Gens Aurea at its own unquestionable discretion, that deliver Products bought on the Website.

3. GENERAL CONDITIONS

3.1. The General Conditions applicable to the sale on the Website of the Products are those published on the Website in the “General Conditions” section at the date the Purchase Order is sent by a Registered Customer. It is the responsibility of the Customer to check and read the applicable General Conditions before proceeding with any Purchase Order.

3.2. The Customer is requested to print a copy of the General Conditions applicable to each Purchase Order and/or store it on a durable medium.

3.3. The General Conditions may be amended by Luxury Zone at anytime. Any amendments and/or new Conditions shall come into force from the time of their publication in the Website's "General Conditions" section. To this end, we ask Customers to regularly access the Website and check the most up-to-date General Conditions published.

3.4. These General Conditions do not govern the sales of products and/or the provision of services by subjects other than Gens Aurea or Luxury Zone whose links, banners or other hypertext connections appear on the Website. Before implementing commercial transactions with these subjects, the Customer must check their conditions of sale. Gens Aurea is not in any way responsible for the provision of services and/or for the sale of products by these subjects. Gens Aurea does not carry out any controls and/or monitoring of websites that can be consulted via these links. Gens Aurea is not therefore responsible for the content of these websites nor any errors and/or omissions and/or violations of the law by them.

3.5. The services provided on the Website, as well as the Contract and the General Conditions, are in the Italian language.

4. REGISTRATION ON THE WEBSITE

4.1. In order to buy the Products offered for sale on the Website, the Customer must be a Registered Customer and therefore carry out registration on the Website, creating their own Luxury Zone Account, providing an email address and a password in order to implement the login, having read the information concerning the processing of personal data. The registration credentials, which may be amended by the Registered Customer at any time by accessing their Luxury Zone Account, are personal and cannot be transferred to third parties. Registration on the Website is free.

4.2. The Customer must complete the registration procedure on the Website by accessing their Luxury Zone Account and providing the information and personal data requested, at any time after registration but before sending their first Purchase Order on the Website.

4.3. The Registered Customer guarantees that the information provided during the registration procedure on the Website is complete, correct and true. The user agrees to hold Gens Aurea harmless against any obligation for compensation or penalty arising from and/or in any way connected to the violation by the Registered Customer of the Website's registration rules. The user is solely responsible for access to the Website by means of the registration credentials and shall be directly liable for any damage or detriment caused to Gens Aurea or third parties by the improper use, loss, the illegal misappropriation by others or the failure to maintain adequate security to protect their registration credentials. All operations carried out by means of the registration credentials shall be considered to have been carried out by the Registered Customer to whom the registration credentials refer.

4.4. The Registered Customer expressly authorises Luxury Zone to send all communications concerning the Contract to their email address, along with the Purchase Order, the Acceptance and the Order’s execution status.

4.5. The Registered Customer can view their Purchase Orders in their Luxury Zone Account and can also manage and save their personal data.

4.6. The Registered Customer can cancel their registration on the Website at any time by sending an email to the addresses info@luxuryzone.it or support@luxuryzone.it.

4.7. Gens Aurea reserves the option of rejecting the registration of any Customer at its own exclusive direction. Gens Aurea also reserves the right not to accept orders, from whatever source, in which irregularities are found with regard to the quantity of products bought or the frequency of purchases from the Website.

4.8. By registering on the Website, a Registered Customer may agree to receive, by means of the contact details provided by them, any invitations to take part in the sales and commercial offers of Luxury Zone. At any time, by clicking on the appropriate link at the foot of the invitation or by notification to be sent with the methods described in article 13 below, a Registered Customer can ask not to receive any further invitations to take part in sales. In this case, the Registered Customer can, in any event, take part in the sales by direct access using their credentials on the Website.

5. PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

5.1. A Customer who intends to purchase Products must show this intention through a request made directly on the Website in the appropriately dedicated section where, by following the procedures indicated there, they can send their Purchase Order.

5.2. Pursuant to and in accordance with Legislative Decree 70/2003, Gens Aurea gives notice that the technical phases to be carried out in order to send a Purchase Order and conclude the Contract are the following:

i. the Customer can access the Website and view the Products for sale on that Website, find out the specifications and prices of Products (given in euros and including VAT), the shipping and delivery costs; the Customer can also view photographs of the Products, published for the sole purpose of illustrating those Products;
ii. the Customer can choose the Product to buy, which will automatically be put in the "shopping cart" section of the Website; if the Customer has already registered on the Website, the products placed in the "cart" will remain in it and can also be viewed during subsequent navigation sessions;
iii. if a Customer intends to buy the Product loaded onto the “cart”, in accordance with article 4 above, they must register on the Website or, if already a Registered Customer, log in to their Luxury Zone Account and, if necessary, complete their profile in accordance with article 4.2;
iv. from their Luxury Zone Account, the Registered Customer can find out details about their “cart”, including the price of the selected Product, the delivery and shipping costs;
v. To confirm the Purchase Order, a Registered Client must select the payment method (bank transfer or credit card, cash on delivery or PayPal), select the delivery method (inserting the shipping address or the store for the delivery), enter the delivery address and any other information that may be required and indicate, if they have one, the Discount Code that they intend to use; this information can be changed until the Order is finally sent, by means of clicking on the “Confirm and Pay” button, subject to verification and acceptance of the applicable General Conditions and specific acceptance of the clauses, pursuant to and in accordance with article 1341, paragraph 2 of the Civil Code. Following confirmation of the Purchase Order, the order cannot be changed or cancelled, apart from the provisions of subsequent article 10; any errors must be notified to Gens Aurea in an email sent to the address info@luxuryzone.it or support@luxuryzone.it.
vi. Should the Client have opted to pay by credit card or by a PayPal account, the data and credit card or Paypal account should be entered on the appropriate form, in the ways laid down by the following article 6.5;
vii. in confirmation of the reception of the Purchase Order by Gens Aurea, the Registered Customer will receive an email at the address given in the registration phase that summarises the Purchase Order in the Italian language;
viii. within 7 (seven) days from receipt of the Purchase Order and following verification that the Product is available, in accordance with the subsequent article 8, Gens Aurea will send the Acceptance of the Purchase Order to the Registered Customer via email;
ix. following the Acceptance, the Registered Customer shall pay by bank transfer using the methods laid down in article 6.2 below or, if they opted to pay by credit card, the amount of the Purchase Order will be charged to the credit card indicated; in case of payment-on-delivery the customer shall pay using the methods laid down in article 6.1.

The Registered Customer may consult their Purchase Order at any time in their Luxury Zone Account.
5.3. Payment can be made by a Registered Customer in accordance with the provision of the subsequent article 6.
5.4. The Product Sale Contract shall be understood to have been concluded on Acceptance by Gens Aurea of the Purchase Order.
In any event, the validity of the Contract must be regarded as suspensively conditional on receipt by Gens Aurea of the payment by the Registered Customer.
5.5. In the case of multiple orders, as many Contracts shall be understood to have been stipulated and Purchase Orders accepted as the number of Products ordered.
5.6. The Purchase order and respective Contract shall be stored in the Luxury Zone databank for the time necessary to fulfil the order and in compliance with the terms and conditions laid down by the current law.
5.7. The Purchase Order bears an order number, to which reference can be made for any communication concerning that Purchase Order.
5.8. If the Registered Customer is in possession of a Discount Code, they can obtain a discount on the Product price as indicated on the Website; the discount is limited to the Product price and is not applied to the shipping costs. The Discount Code can be received by the Registered Customer, through the contact details provided by them in accordance with this Contract, as part of promotional and advertising campaigns conducted by Luxury Zone (see article 4.8) or by other methods specified by Luxury Zone on the Website (for example, by signing up for the newsletter). The communication by which a Registered Customer receives a Discount Code indicates, each time, i) whether the Discount Code has an expiry date beyond which it cannot be used, ii) whether the Discount Code gives the right to a fixed or percentage discount.

6. PAYMENT

6.1 Payment for the Products shall take place, at the choice of the Registered Client, by means of:

(i) payment by cash on delivery of the full price of the Product, within the periods referred to in the subsequent paragraph 6.2, whereby the product price is equal or lower than 500,00 Euro 
(ii) bank transfer in advance of an amount equal to 30% of the Product price and the balance paid when the product is picked up at the Point of Sale, within the periods referred to in the subsequent paragraph 6.3;
(iii) bank transfer in advance of the full price of the Product, within the periods referred to in the subsequent paragraph 6.4
(iv) charging the full price of the Product to a credit card belonging to the circuits indicated on the Website or by charging to the client’s own PayPal account; within the periods referred to in the subsequent paragraph 6.5.

6.2 The Registered Client shall have the option of placing the Order without any payment in advance for the Product by selecting the cash on delivery payment method. This payment method may only be used by Registered Clients and involves a supplementary charge of 3% of the order total. In this case, actual payment (including the aforementioned additional charge) shall be made in cash at the time of delivery, directly to the Shipping Agent. This payment method is, in any event, only allowed for purchases involving amounts of euqal or lower than 500,00 euros (in the event the total amount of the price of the products in the cart is above this amount, it will not be possible to select the cash on delivery payment method)

6.3 The Registered Client, should they have opted for delivery of the Product in a Point of Sale in accordance with the subsequent paragraph 7, shall also have the option of placing the Order by paying in advance by bank transfer a deposit equal to 30% of the Product price, by the methods referred to in the subsequent paragraph 6.4, and paying the remaining amount of the price of the Product directly in the store (in cash, where possible, or with credit/debit card) at the time the Product is picked up.

6.4 Following confirmation of the Purchase Order by “clicking” on the “Confirm and Pay” button, the Website will give notice that the Order has been complete and, by means of the Order’s summary email, will issue a reminder to arrange the transfer by and no later than 5 (five) days from the time Acceptance is received by Gens Aurea.

By and no later than 5 (five) days from receipt of the Acceptance, therefore, the transfer must be implemented by the Registered Client in favour of Gens Aurea S.p.A. to the following bank coordinates:

GENS AUREA SPA

Bank: INTESA SAN PAOLO

Branch of VIA CARLO BASLINI 15, MERATE (LC)

IBAN: IT78U0306951531100000012325

BIC: BCITITMM

Following implementation of the transfer, the Registered Client shall arrange to send a copy of the receipt of the transfer to Gens Aurea by means of email to the addresses info@luxuryzone.it or support@luxuryzone.it.

Should the Registered Client not arrange payment within 5 (five) days from confirmation of the Purchase Order, the Order shall be deemed annulled and the Contract can be terminated in accordance with article 1456 of the Civil Code. The Registered Client will be notified via email of the annulment of the Purchase Order.

6.5 Should the Registered Client have opted to pay by means of credit card or PayPal account, following confirmation of the Purchase Order by clicking on the button “Confirm and Pay”, the Client will be redirected to the website of the institute assigned to managing the payment procedures where they must enter the details of their credit card or PayPal account, as well as any other information that may be requested, authorising the institute to charge the Purchase Order amount to the credit card or PayPal account. It is made clear that this amount will only actually be charged following Acceptance of the Order. Conversely, should the Order not be accepted, no amount shall be charged to the card indicated by the Registered Client. In no case may Gens Aurea access the credit cart data or other data provided during the payment phase. Under no circumstances may Gens Aurea be held liable for unlawful or fraudulent use that may be made by third parties of the Registered Client’s credit card.

6.6 The tax receipt will be sent to the Registered Customer together with the Product. Only where the Registered Client has chosen to proceed with the payment with the cash on delivery method referred to in paragraph 6.2. The receipt will be sent by e-mail.

7. DELIVERY OF THE PRODUCTS

Gens Aurea offers the following delivery methods of the Products: (i) delivery via Shipping Agent and (ii) delivery in the Point of Sale.

(i) delivery via Shipping Agent.

(ii) delivery in the Point of Sale.

7.1. Deliveries are made by the Shipping Agent to the postal address indicated by the Registered Client in the Purchase Order. Deliveries will be made from Monday to Friday, in normal office hours, excluding national holidays.

7.2. The Product will be delivered within 7 (seven) days from Acceptance, on condition that the payment for the Product has been made in the ways and times indicated by the preceding article 6.

7.3. Delivery is considered to have been completed when the Product is made available to the Registered Customer at the address specified in the Purchase Order. If the package displays clear signs of tampering or alteration, the Registered Customer must indicate this at the time of delivery by signing the appropriate document provided by the Shipping Agent. In the event notification is not given as indicated above, the Registered Customer may not complain in any way to Gens Aurea about any defect in the delivered Product or the absence of the latter inside the package – or, in the case of multiple orders, one or more missing Products – and may not make a claim against Gens Aurea for any damage.

7.4 In the case of failure to deliver due to the absence of the intended recipient at the specified address, the Shipper will attempt to deliver it again within the 7 (seven) subsequent working days. Should the second attempt at delivery fail, the Product will be returned to Gens Aurea, following a period of storage at the Forwarder (5 days for Products purchased with cash on delivery, 15 days for all other Products).

7.5. For all Purchase Orders other than cash on delivery orders, the following applies. In the event that, after 2 (two) failed attempts to deliver, the Product is returned by the Shipping Agent to Gens Aurea, the latter will inform the Registered Customer via email (i) about the attempts to deliver and (ii) the fact that the Product has been sent back by the Shipping Agent and (ii) the place when the Product can be picked up by the Registered Customer, in the next thirty days, unless the latter requests a new shipment with costs charged to them.
If, within thirty days after the date when the Product was returned to Gens Aurea, the Registered Customer has not collected the Product or requested a new shipment, the Contract shall be regarded as terminated and the Purchase Order cancelled, in accordance with article 1456 of the Civil Code. In that eventuality, Gens Aurea will refund the sum paid by the Registered Customer, net of the costs of the failed delivery of the product as well as the cost of its return to Gens Aurea and the costs of safekeeping, currently a flat rate of 10 euros. Termination of the contract and the amount of the refund will be notified to the user via email. The amount of the refund will be credited to the means of payment employed by the user for the purchase. Gens Aurea shall not accept any responsibility for any delays in crediting the payment, which depends on the banking institute or the credit card circuit used for the purchase.

7.6. For all Purchase Orders with cash on delivery, the following applies. In the event that, following 2 (two) failed delivery attempts, the Product should be returned by the Spedizioniere to Gens Aurea, the latter will inform by e-mail the Registered Customer (s) of the delivery attempts and (ii) ) of the fact that the Product has been sent back by the Forwarder and (ii) of the place where the Product may possibly be withdrawn by the Registered Customer in the following five days.
After five days from the date on which the Product has been sent back to Gens Aurea and the Registered Customer has not withdrawn the Product, the Contract will lose its original validity due to the non-fulfillment of the suspensive payment of the price and the Purchase Order must intend to be canceled. In such eventuality, Gens Aurea will proceed to the charge to the Registered Customer, on the means of payment from the latter indicated for this purpose, of the expenses of the delivery of the Product failed and the costs of returning the same to Gens Aurea and custody fees, which have already been identified on a flat-rate basis in Euro 10. The cancellation of the Purchase Order and the amount of the charge will be communicated to the user by e-mail.
In the case in which, before the five days of the previous art. 7.5, the Registered Customer asks to receive again the Product purchased at their address, Gens Aurea will proceed to a new delivery only upon payment of the full price of the Product, in addition to the costs of the same new delivery, the cost of returning the product to Gens Aurea and the costs of custody, now identified at a flat rate in Euro 10. The methods of payment of this amount will be agreed directly with the Registered Customer. The new delivery will take place only after the payment has been made.

7.7. In the event that, the thirty days referred to in the previous article 7.6 having passed, the Registered Customer asks for the purchased Product to be sent again, Gens Aurea will arrange a new delivery subject to the payment, in addition to the costs of the new delivery, of the cost of returning the product to Gens Aurea and the costs for safeguarding it, currently a flat rate of 10 euros. The methods of paying this amount shall be agreed directly with the Registered Customer. The new delivery will only be carried out once payment has been made.

7.8 The costs for shipping the Product or, in the case of multiple orders, the Products, are the following:

a. 10 (ten) euros, in the case of shipping in Italian territory where the value of the Purchase Order or, in the case of multiple orders, of the Purchase Orders, does not exceed the amount of 150 (one hundred and fifty) euros; otherwise, shipping shall be free and therefore the costs for shipping and delivery shall not be charged, in the event the value exceeds 150 (one hundred and fifty) euros, unless laid down by article 7.5.

b. 40 (forty) euros, in the case of shipping within the territory of the European Union.

c. 100 (one hundred) euros, in the case of shipping to non-EU countries.

7.9 Delivery in the Point of Sale involves the Client picking up the Product concerned in the Order in a Point of Sale on Italian territory and in compliance with the aforementioned delivery method.

7.10 Should the Client select this delivery method, Gens Aurea will notify the Client - following acceptance of the respective Order – of the times when this Product shall be made available at the selected Point of Sale. The client has a period of 10 days from the date notified for picking up the Product at the selected Point of Sale.

It remains understood that, if the above period passes without the Client arranging to pick up the Product at the selected Point of Sale, the Contract shall be understood to be terminated and the Purchase Order annulled, pursuant to and in accordance with article 1456 of the Civil Code In this case, Gens Aurea shall reimburse an amount equal to 30% of the price paid by the Client, in accordance with the methods laid down in the previous paragraph 6.3, having deducted the delivery costs sustained by the store selected for the return of the Product to the sender.

7.11 In order to withdraw the Order at the store within the aforementioned period, the Client can go to the selected store, bringing with them: (i) a valid identity document and (ii) the Order number that appears in the Order confirmation email.

It is made clear that a third person duly delegated by the Client may pick up the Order at the selected store. The delegate must go to the store furnished with: (i) a proxy signed by the delegating Client, (ii) valid identity document, (iii) a copy of the delegating Client’s identity document and (iv) the Order number.

7.12 At the time of the delivery of the Order, the Client or the person delegated by the Client must sign an Order delivery document. This document constitutes proof of delivery for Gens Aurea and is valid as a receipt for the Client. Any dispute regarding the delivery may be raised once the Product has been delivered, relying for the purpose on the registers of Gens Aurea.

8. AVAILABILITY OF THE PRODUCTS

8.1. The Products offered on the Website are limited in number and may be sold at discounted prices. It may happen that an ordered Product is no longer available following the sending of the Purchase Order, even though it was marked “available” on the Website at the time the Order was sent. In all cases of the unavailability of an ordered Product, the Registered Customer will be informed via email by Gens Aurea. In this case, the Purchase Order will be cancelled. If payment has already been made, Gens Aurea will refund the sum paid by the Registered Customer, including any contributions to delivery costs, immediately or, in any event, within a period of thirty days starting from the day after the cancellation of the Purchase Order notified via email.

8.2 The amount of the reimbursement shall be credited by the same payment method used for the purchase or, failing that, by means of bank transfer (the bank details for which shall have been previously requested by Gens Aurea of the Registered Client). Gens Aurea declines any liability for any delays in crediting the amount that depend on the banking institute or the credit card circuit used for the purchase.

8.3. In the case of multiple orders, in accordance with the preceding article 5.5, the unavailability of one or more ordered Products shall not lead to the cancellation of all the Orders but only the Purchase Order concerning the unavailable Product.

8.4. Notice is given that the indication of availability or otherwise of the Product on the Website is purely indicative and without prejudice to the provisions of this article 8.

9. LEGAL GUARANTEE AND LIABILITY

9.1. With regard to purchased Products, Gens Aurea shall give the legal guarantee of conformity with the terms and conditions referred to in articles 128 and subsequent of the Legislative Decree no. 206/2005.
Specifically, in the case of a defect in the Product’s conformity, the Customer shall have the rights referred to in article 128 and subsequent of the Legislative Decree 206/2005 and, in particular, given the nature of the Products and the type of service offered, may ask Gens Aurea, if they so choose, for a reduction in the price paid or the termination of the Contract.
Gens Aurea informs its Customers that, currently, the replacement or repair of the Product is, given the nature of the Products and the type of service offered, objectively impossible or excessively burdensome for Gens Aurea.

9.2. The rights arising from the legal guarantee of conformity may be exercised on condition that the Products have been used correctly, with due diligence and respect for the intended purpose of use and the provisions in the attached instructions, and the prior presentation by the Registered Customer of the Shipping Agent’s delivery note, if applicable, containing the indications referred to in article 7.4 and the Purchase Order.

9.3. The legal guarantee of conformity is applied only to defects not arising from the normal use of the Product. Products that have been repaired, modified or altered in any way are excluded from the legal guarantee. Any breakdown or malfunctions or defects of any kind caused by accidents or at the responsibility of Registered Customer or by a use of the Product that does not conform with its intended use and/or the provisions in the technical documentation attached to the Product, where this exists, or in the instructions for use, are also excluded.

9.4. Gens Aurea is not liable in the case of damage of any kind arising from the installation and/or use of the Products improperly and/or in a way that does not conform with the instructions provided by the manufacturer, as well as any damage arising from unforeseeable circumstances or force majeure.
Gens Aurea shall also not be liable in cases of loss of earnings, profits, data or any other indirect damage of any kind arising in any way connected to the Contracts subject to the General Conditions.
In no case may Gens Aurea be held liable for the failure to fulfil any one of its obligations deriving from the Contracts subject to these General Conditions in the event that the failure to fulfil is caused by unforeseeable circumstances and/or force majeure, including, merely by way of example, natural catastrophes, acts of terrorism, malfunctions of the grid and/or blackouts.
Under no circumstances may the liability of Gens Aurea be greater than the total value of the Purchase Order.

9.5. In the event the Registered Customer is not a consumer in accordance with the Consumer Code and is a physical or legal person who acts in the exercise of their own entrepreneurial, commercial, artisan or professional business or one of its intermediaries, article 10 shall not apply but instead the general measures of the Civil Code on matters of guarantee referred to in articles 1490 and subsequent shall be applied.

10. WITHDRAWAL

10.1 A Registered Client who has purchased a Product through the Website has the right, pursuant to and in accordance with articles 52 and subsequent of the Consumer Code, to withdraw from the Contract, without any penalty and without giving any reason, within 14 (fourteen) days from the date on which the Client took physical possession of the Product. The Shipping Agent’s delivery waybill or the Order delivery document shall constitute full proof of receipt, if the Client had selected the method of pickup from the Point of Sale.

With regard to Products delivered by Shipping Agent in accordance with the previous article 7 (i), withdrawal may be exercised using a choice of one of the following methods:

1. by sending notice of the withdrawal by means of recorded delivery letter sent to Gens Aurea at the following address: Gens Aurea S.p.A., Via Mazzini 24 - 23875 Osnago (LC), Italy.
2. The notification must include an attached copy of the withdrawal form, which can be downloaded from this link and duly filled in.
3. Notice of withdrawal can also be given by email to the email address info@luxuryzone.it or support@luxuryzone.it on condition that the withdrawal notification is confirmed by means of recorded delivery letter within the subsequent 48 hours.
4. for those in possession of a certified email account, it will be sufficient to write to gensaureaspa@legalmail.it. The notification must include an attached copy of the withdrawal form, which can be downloaded from this link and duly filled in.
As laid down by the current regulations, an email sent to a certified email account has the same validity as a recorded delivery letter.

10.2 Following the sending of notice of withdrawal in accordance with the preceding article 10.1, the Registered Customer must send the purchased Product, using a carrier of their choice and at their expense, within 14 (fourteen) days from the date of notice of withdrawal, to the following address: Gens Aurea S.p.A., Via Mazzini 24 - 23875 Osnago (LC), Italy.
The costs and risks connected to the return of the Product are the responsibility of the Registered Customer.
The Products must be returned intact and appropriately packaged, in the original packaging, along with any and all accessories and accompanied by the delivery note.

10.3. Should a Registered Customer exercise the right of withdrawal in accordance with this article and in compliance with the provisions of articles 52 and subsequent of the Consumer Code, Gens Aurea, within 14 (fourteen) days from receipt of the notification referred to in article 10.1. and, in any case, after the return of the Product and only after having verified that the Registered Customer has arranged to ship back the Product, shall refund the Registered Customer the sums paid for the purchase of the Products, including the shipping costs sustained to send those Products, by means of a bank transfer to the banking coordinates indicated by the Registered Customer on the withdrawal form.

10.4 In the event the Client selects the Point of Sale pickup method, in accordance with the previous paragraph 7 (ii) of these general conditions, the return of the purchased Product must be carried out at one of the Points of Sale. In this case, the Products must be returned intact and appropriately wrapped in their original packaging, accompanied by all the accessories. In any case, it shall be necessary to go to the Point of Sale with a copy of the withdrawal form, duly filled in by the Client, which can be downloaded at this link or made available by Gens Aurea at the Point of Sale.

10.5 If the registered Customer exercises the right of withdrawal in accordance with this article and in compliance with the provisions of Articles. 52 and ss. Consumer Code, Gens Aurea, within 14 (fourteen) days of receipt of the notice referred to in art. 10.1. and in any case after the return of the Product or only after verifying that the Registered customer has returned the Product, will refund the Registered Customer the sums paid for the purchase of the Products including the shipping costs incurred for sending the Products Same products by bank transfer made on the bank details indicated by the Customer Registered on the withdrawal form.

10.6 The right of withdrawal referred to in this art. 10 is not guaranteed to Registered Customers who are not consumers under the Consumer Code and therefore are natural or legal persons who act in the exercise of their business, commercial, craft or professional activity or an intermediary thereof.

11. CONTENT

11.1. The Content of the Website is protected by copyright and every other intellectual property right of Gens Aurea and the other rights holders. The reproduction, modification, duplication, copying, distribution, sale and exploitation of any kind of the Content of the Website are prohibited, unless with the prior authorisation in writing by Gens Aurea or other rights holders. Any use of the Website’s contents for commercial and/or advertising purposes is also prohibited.

11.2. All other brands, trademarks, images and models that distinguish the Products sold on the Website or are in some way connected to them, registered by the respective owners or in any event subject to the patent rights of third parties, are used by Gens Aurea for the sole purpose of distinguishing and describing the Products on sale on the Website.
Any use of the aforementioned brands, trademarks, images and models by a user of the Website or anyone else that does not comply with the law is prohibited.

11.3. In no case may the user alter, change, modify or adapt the Website, or its Content.

12. PROTECTION OF PERSONAL DATA

12.1. Gens Aurea is the Data Controller of the personal data collected at the time of registration on the Website, as well as those communicated when the Purchase Order is sent by the Registered Customer.
For information regarding the processing of personal data, including the rights under article 7 of Legislative Decree 196/2003, please refer to the detailed information available on the Website and accepted by the Registered Customer at the time of registration on the Website.

13. COMMUNICATIONS AND ASSISTANCE

13.1. For any communication or request for assistance, the Customer can contact Gens Aurea at the following:
1. Address: Gens Aurea S.p.A., Via Mazzini 24 - 23875 Osnago (LC), Italy.
2. email info@luxuryzone.it or support@luxuryzone.it
3. certified email gensaureaspa@legalmail.it
4. fax 0399685105
5. call centre 800 714 406

14. MISCELLANEOUS

14.1. For anything not expressly indicated by these General Conditions, the Contract will be governed by the Consumer Code (see, in particular, the measures of Heading I “On the rights of consumers in remote contracts”. Title III, Part III of the Consumer Code), by Legislative Decree 70/2003, by articles 1372 and subsequent of the Civil Code and by any other regulation applicable to the Contract.
14.2. In the event certain provisions of these General Conditions and the Contract come to be considered as annulled, invalid or ineffective in the light of current regulations, these provisions must automatically be understood to be substituted by the applicable regulations and, in any case, shall not lead to the annulment, invalidity or ineffectiveness either of the entire clause that contains them or the Contract in its entirety.
14.3. The mere tolerance or failure to object by Gens Aurea to any breaches by the Customer of the provisions of these General Conditions or the Contract may not be considered to be tacit acceptance of such breaches or a willingness to waive what has been agreed in that Contract.
14.4. This Contract is governed by Italian law.
14.5. The Court of Milan shall have sole jurisdiction over any dispute regarding the validity, effectiveness, interpretation or execution of each Contract, as well as, in general, any dispute regarding the navigation of the Site by the Customer or the use of any functions made available to the Customer through the Website, except for the mandatory court of the place of residence or elective domicile of the Customer who acts as a consumer customer, in accordance with article 66-bis of the Consumer Code.