Terms and conditions of sale

General Terms and Conditions of Sale.

LAST UPDATED 01/10/2021


Products purchased on DIAMSAFESTORE.com are sold directly by DiamonDiamonD S.r.l & nbsp; (“ DiamonDiamonD Srl ” or the “Seller”).


You can request any information through our assistance services by contacting the following telephone number + 39-06-6833289 & nbsp; and e-mail address info@diamsafe.com. You will find information about purchases and shipments, refunds and the return of products purchased on  DIAMSAFESTORE.com , by property of DIAMSAFE SRL.

For any other legal information, consult the sections: Privacy Policy and Return and refund.


1. Our commercial policy


1.1

The Seller carries out its e-commerce activity exclusively toward send users who have reached the age of majority and who are "consumers". You can make purchases on the site infollowing two methods: a) by registering on the site and creating a user account ("My Account"); b) without registration, through the use of the only "Shopping Cart" function.


1.2

When we speak of "consumer" we refer to any natural person who actson DIAMSAFESTORE.com referable to one's own commercial, entrepreneurial or professional activity, possibly carried out. If you are not a "consumer", we invite you to refrain from making purchases on DIAMSAFESTORE.com


1.3

In consideration of its commercial policy, the Seller reserves the right not to accept purchase order proposals from parties other than the "consumer" or in any case purchase order proposals that do not comply with its commercial policy, such as, for example, order proposals for which there is a notification or the suspicion of fraudulent or illegal activity. In such cases, the Seller will notify the user of the non-acceptance of the proposalof order.

All order proposals sent to the Seller and returns made by users must also correspond to normal consumption needs. The Seller therefore monitors the number of order proposals sent and return scarried out.


1.4

These General Conditions of Sale exclusively regulate the sending of order proposals purchase of products available on DIAMSAFESTORE.com by the user and acceptance of the same by the Seller.


2. Information aimed at concluding the contract with the Seller pursuant to the Decree Legislative 9 April 2003, n. 70


2.1

To conclude the purchase contract for one or more products on  DIAMSAFESTORE.com , you will need to send a purchase order proposal to the Seller by filling in the online e-commerce forms available on  DIAMSAFESTORE.com , following the relative instructions.


2.2

Before sending the order proposal, we remind you to carefully read the General Sales Conditions and the Return and Refund Policy, to print a copy using the print command and to store or reproduce a copy for your personal use.

In compliance with article 51, paragraph 7, of Legislative Decree 6 September 2005, n. 206 (the "Code of Consumption "), before transmitting the order proposal, we will provide you with a summary of the commercial and contractual conditions that you will apply to your product purchase order proposal and a summary of the information on the essential characteristics of each product ordered with the relative price (including all applicable taxes or duties), the means of payment that you can use to purchase each product, the delivery methods of the purchased products, the shipping costs and delivery; as well as the references, the geographical address and the contact methods of the Seller and the date by which the Seller, once your order proposal has been accepted, it undertakes to ship the goods.

The Seller will also provide you with a summary of the conditions and methods for exercising the your right of return. You will be informed that, in case of return, you will have to bear the cost of returning the products. You will be, in any case, remembering the existence of the legal guarantee of conformity of the products and we will remind you of the possibility of using the conciliation service, for the alternative extra-judicial resolution of disputes, accessible on the site http://ec.europa.eu/odr, made available by the European Commission.


2.3

On the confirmation page of the order proposal, which contains a reference to the ConditionsGeneral Sales and the Return and Refund Policy, we will provide you with summary information about the essential characteristics of each product indicated in your order proposal, the price (including all applicable taxes or duties) and the costs of shipping (including any additional costs incurred by you for choosing a type of shipping and delivery different and / or faster than the standard one)


2.4

The transmission of the order proposal to the Seller constitutes a binding purchase proposal for the user. Before proceeding with the transmission of the order proposal, you will therefore be asked to identify and correct any data entry errors.


2.5

The contract is concluded when your order proposal is accepted by the Seller. The seller will send you an e-mail to confirm the acceptance of your order proposal and the shipment of the products. This e-mailit will also contain a copy of the General Conditions of Sale and the summary document on Returns and Refunds.


2.6

The order proposal sent to the Seller will be filed in our database for the period of time necessary to process the order proposals accepted by the Seller and in any case in accordance with the law. You will access your order proposal form by consulting the My Account section.


2.7

The Seller may not accept your purchase order proposals that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products.


In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not accepted your purchase order proposal specifying the reasons. If the products, presented on DIAMSAFESTORE.com , are no longer available or for sale upon receipt or fulfillment of the your purchase order proposal, it will be the Seller's responsibility to notify you promptly and in any case within thirty (30) days to starting from the day following that on which you have sent your order proposal to the Seller, any unavailability of the products. If you have already paid the price for the products, the Seller will refund, without undue delay, the amount already paid by you anticipated and the sales contract will be considered terminated.

The Seller also reserves the right not to accept proposals for purchase orders in the cases referred to inprevious paragraph 1.3.


2.8

We remind you that, with the electronic transmission of the order proposal, you accept unconditionally and you undertake to observe these General Conditions of Sale in relations with the Seller. If you don't share some of the terms listed in the General Conditions of Sale, we invite you not to submit your order proposal for the purchase of products on DIAMSAFESTORE.com.


2.9

By submitting the order proposal, you confirm that you know and accept the additional information contained in DIAMSAFESTORE.com ,also referred to through links, including the Privacy Policy and the Return and Refund Policy.


3. Guarantees and indication ofproduct prices


3.1

The essential characteristics of the products are presented on  DIAMSAFESTORE.com within each product sheet. The images and colors of the products presented on DIAMSAFESTORE.com  may however not correspond to the real ones due to the Internet browser andmonitor used.


3.2

Product prices may be subject to updates. Make sure of the final price of sale before submitting the related order proposal. In the event that a recognizable error is found in the indication - by DIAMSAFESTORE.com  - the price of a product or in the calculation of the amount requested in payment, DIAMSAFESTORE.com will not accept the order proposal and will contact the user in order to offer the opportunity to transmit the purchase order proposal for the product (s) at the price correct.


3.3

Purchase requests from countries not included among those displayed on the splash page cannot be accepted by the Seller.


3.4

All products sold by  DIAMSAFESTORE.com are covered by the legal guarantee oftwenty-four (24) months for lack of conformity, in accordance with applicable law. The lack of conformity of the product must be communicated to the Seller within two (2) months of its discovery. In case of lack of conformity you have the right to request the repair or replacement of the product. In the event that the aforementioned remedies are not possible or are excessively burden some,you will be entitled to a reduction in the price paid or the termination of the sales contract, pursuant to art. 130 of the Code of Consumption.


4. Payments


4.1

To pay the price of the products and the relative shipping and delivery costs you can follow one of the methods indicated in the order proposal form. In no case will you be charged higher costs than thoseactually incurred by the Seller, in relation to the payment instrument you have chosen.


4.2

The price for the purchase of the products and the shipping costs, as indicated in the proposal order, will be charged to your current account at the time of shipment of the purchased products.


5. Shipping and delivery ofproducts


5.1

To know the specific shipping and delivery methods of the products, contact the service desk. Please pay attention to what is reported in this section because the indications contained therein form are integral part and substantial of these General Conditions of Sale and, therefore, they are considered to be fully known by you andaccepted at the time of transmission of the order proposal.


6. Right towithdrawal

6.1

In accordance with art. 59 of the Consumer Code, the right to withdraw from the contract is excluded concluded with the Seller when the product has been customized. The product will be customized when the buyer will enter their data (dedication, image, video and name of the stone) through the order proposal (in the shopping cart section) making definitive the association between the QR code shown on the blister and the product.


6.2

Except in the cases referred to in 6.1, in accordance with Article 52 of the Consumer Code, it may beexercised the right of withdrawal without any penalty and without specifying the reason, within fourteen (14) days, starting fromday of receipt of the products purchased on DIAMSAFESTORE.com

In accordance with art. 54 of the Consumer Code, you can withdraw from the contract concluded with the Seller using, at your choice, one of the following methods:

a) online transmission to the Seller of the Return Form that you find on the site, completed in full; in this case, the Seller will send you confirmation by e-mail that the declaration of withdrawal has been received;

b) sending by post to the Seller  an explicit declaration of your decision to withdraw fromcontract. & nbsp; In this case your declaration must be sent to DIAMSAFE SRL, via della scrofa, 73 - 00186 - Rome (RM).

It is understood that, in such cases, the burden of proving the correct and timelyexercise of the right of withdrawal.


6.3

In accordance with art. 57 of the Consumer Code, once exercised the withdrawal from the contract, you will have to return the products to the Seller by delivering them to the courier for shipment within fourteen (14)days from when you have notified the Seller of your decision to withdraw from the contract.


6.4

The only expenses you pay are those for returning the productspurchased.

It is understood that, in this case, an amount equivalent to the cost of shipping will also be refunded standard of the products purchased, while, in accordance with art. 56, paragraph 2, of the Consumer Code, theany additional costs incurred by you for choosing a different and / or faster type of shipment and delivery than that standard.


6.5

The right of withdrawal - in addition to compliance with the terms and methods describedin the previous paragraphs - is understood to be exercised correctly only when the following are also fully complied withconditions:

a. the right of withdrawal must be regularly exercised within fourteen(14) days from receipt of the products;

b. the product must not have been tampered with, i.e. the blister must not have been tampered with and the content must not be replaced;

c. the products must be returned in their original packaging and must not bear any signs of abrasion or alteration;

d. returned products must be delivered to the shipper within fourteen (14) days that take effect from the time you notified the Seller of your decision to withdraw from the contract;

e. the products must not be damaged.


6.6 

The Seller will make the necessary checks in order to verify the conformity of the returned products to the conditions and terms indicated in the previous paragraph. The reason for refusal will be there placement of the product which will be proven by the mismatch between the returned product and the one registered in the proprietary database.

If the right of withdrawal is exercised following the methods and terms indicated above, the Seller will send you, via e-mail, the relative confirmation of acceptance of the products thus returned and to reimburse theany sums already collected for the purchase of the products according to the methods and terms provided.


6.7

The sums will be refunded to you as soon as possible and, in any case, within fourteen (14)days from the date on which the Seller became aware of the exercise of your right of withdrawal. It being understood that we will do so to activate the reimbursement procedures, once the correct execution of the terms and conditions indicated above has been verified.

In accordance with art. 57, paragraph 2, of the Consumer Code, you will be responsible the decrease in value of the returned products, resulting from a use other than that necessary in order to allow you to ascertain the nature, characteristics and functioning of the products themselves. In this case, the expected reimbursement will be deducting a percentage equal to the estimated decrease in value of the products and in any case between 10 and 90 percent of the sums paid by you to the Seller for the purchase of the returned products, according to what will be specifically communicated to you, by post electronics, by the Seller. Within fourteen (14) days of sending the e-mail with which you will be notified of the amount deducted from refund, you can choose to get back, at your expense, the products in the state in which they were returned to the Seller, giving communication to the Seller himself, in the manner that will be communicated to you. Otherwise, the Seller may withhold the products and an amount corresponding to the percentage deducted from the refund.

The Seller assumes no responsibility in the event of products returned by mistake or objects forgotten in packages or returned products.


7. Times and methods ofrefund


7.1

Whatever the payment method you use, the refund due, in whole or in part, is activated by the Seller, as quickly as possible and in any case within fourteen (14) days from the date on which the Seller came to knowledge of the exercise of your right of withdrawal after verifying the correct execution of your right of withdrawal and verification of thereturned products.


7.2

The Seller makes the refund using the same payment method you used forthe purchase of returned products, unless you have expressly agreed with the Seller to use a different means of payment. If there is no correspondence between the recipient of the products indicated in the order proposal and whoever executed the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be carried out by the Seller, in any case, to the person who made the payment.


8. Privacy


8.1

You can obtain information on how we process your personal data by accessing the section & nbsp; Privacy Policy .


9. Applicable law edispute resolution


9.1

Without prejudice to the application of mandatory rules of European derivation to protectconsumer, the General Conditions of Sale are governed by Italian law and in particular by the Consumer Code and the Decreelegislative 9 April 2003, n. 70 (“Implementation of Directive 2000/31 / EC relating to certain legal aspects of the company's services of information in the internal market, with particular reference to electronic commerce ").


9.2

In the event of disputes between the Seller and each end user, arising from the General Conditions of Sale, we also inform you that the European Commission provides a platform for the alternative extra-judicial resolution ofdisputes, accessible on the site http://ec.europa.eu/odr .


9.3

For all disputes relating to purchases and / or these General Conditions of Salet he Court of the place of domicile or residence of the consumer will be competent according to the applicable law or, at the choice of the consumer himself, the Court of Rome.


10. Edit andupdate


10.1

The General Conditions of Sale are amended from time to time by the Seller also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on DIAMSAFESTORE.com .