Terms and Conditions of Service
TERMS AND CONDITIONS OF SALE
This document governs the General Terms and Conditions of Sale (the “General Conditions”) relating to orders, purchases of products and the sharing of information between Madam, with operational headquarters in Porcari (LU), Via Leccio n. 21, VAT number 12717860964 (“MADAM” or “we”) and the customer (“You” or “Your”) who intends to order and purchase products through the website jewelsbymadam.com (the “Site”).
By using the Site to order or purchase products, you agree to these Terms and Conditions, the Site Terms of Use, available at https://www.jewelsbymadam.com , and the Privacy Policy, available at https://www.jewelsbymadam.com , all of which are incorporated herein into their entirety, as well as any other notices that may be posted on the Site when you place an order, and all applicable laws and regulations. These Terms and Conditions provide information about who we are, how you can purchase products on the Site, how to cancel an order, what to do if you have a problem, and other important information. Please read these Terms and Conditions carefully before placing an order through the Site. If you do not agree to any of the terms and conditions described in these Terms and Conditions, the Terms of Use, or the Privacy Policy, please do not place an order through the Site.
Acquisitions
To make a purchase, you must select the products you wish to purchase and click "Add to Cart." The selected products will then be added to your cart, and the purchase can be completed by completing the checkout process and accepting the General Terms and Conditions of Sale as indicated on the Site. Before completing the purchase, you must verify the accuracy of the information provided and correct any inaccuracies. Once you have completed checkout and made payment, you will receive a purchase confirmation email and text message.
Prices and payments
MADAM product prices are indicated in euros and include all applicable taxes. Shipping costs are excluded.
MADAM reserves the right to change the price of products displayed on the Site at any time and without prior notice. You will be charged the price displayed on the Site when you add the order to your cart by clicking the "Add to Cart" button.
We only accept payments via Apple Pay, PayPal, Google Pay, and credit cards issued by the following institutions: Visa, Amex, and Mastercard. All orders must be paid in euros.
If you wish to receive an invoice for your order, you will need to check the appropriate box and enter your billing information before completing your purchase.
General Rules
MADAM makes every effort to ensure that the color, design, and style of MADAM products depicted on the Site are as representative as possible of the original products. However, the appearance of the original product may differ slightly from that depicted on the Site for technical or other reasons. MADAM, to the extent permitted by law, will not be liable for any errors or inaccuracies in photographs or graphic representations of MADAM products displayed on the Site, except as provided in these General Terms and Conditions.
Nothing in these Terms and Conditions shall exclude or limit any rights or remedies you may have under applicable law. For questions regarding products, you can contact MADAM through customer service by sending an email to info@jewelsbymadam.com .
Delivery
Products purchased through the Site can be delivered to Italy and Europe. The products will be shipped to the address you entered during the purchase process and indicated in the purchase confirmation email. You can only enter one address per purchase.
The products will be shipped in a single package that includes the product, packaging, payment receipt or invoice (if applicable), and, as applicable, the jewelry certification and warranty certificate.
Shipping times and costs
The purchased products will be delivered via express delivery within 5 working days from the date of purchase confirmation, except in exceptional cases beyond MADAM's control, such as weekdays or holidays.
Shipping to Italy costs €5 and is free for orders over €100.
International shipping costs vary depending on the destination. Shipping costs for each country are indicated at checkout.
In the following countries: Switzerland, United Kingdom, Serbia, Norway, Turkey, GB, Andorra, Ceuta, Canary Islands, Gibraltar, Melilla, customs duties will be paid by the recipient.
Delivery problems
Delivery of products purchased through the Site is entirely at your expense and will be estimated at the time of purchase with a consequent charge in the total purchase transaction.
Any failed deliveries or deliveries occurring more than ten days after the shipping date must be reported to our customer service as soon as possible. Any complaints must be communicated within 15 days of the product purchase date. MADAM cannot be held responsible for delays or failed deliveries due to force majeure or unforeseeable circumstances of the courier. MADAM will not be liable to any party or third party for damages, losses, and costs incurred as a result of the failure to deliver the goods within the expected timeframe. You are only entitled to a refund of any price paid.
Once you receive your order, you should inspect the products. If the products you received do not conform to your order, or you are not satisfied, you should immediately contact customer service by email at info@jewelsbymadam.com and request a return or exchange in accordance with the Return Policy.
Return Policy
- General rules
Pursuant to Articles 52-59 of Legislative Decree no. 206 of 6 September 2005, you may return a product purchased through the Site and obtain a refund of the price paid or request an exchange for another product. You must inform us of this intention within 14 calendar days of receiving the product by contacting our customer service at info@jewelsbymadam.com.
All returns must contain the original sales receipt and be returned in the original packaging.
All products returned for returns or exchanges are subject to quality control before being accepted. Products showing signs of wear, damage, or alterations (including sizing changes) will not be accepted.
Returns are not accepted for sale and customized products.
RETURNS: The customer can choose the courier they want to ship with, or MADAM will arrange a collection for a €5 fee, which will be deducted from the refund.
EXCHANGES: The customer can choose the courier they wish to use for shipping. The customer is responsible for all return risks and shipping costs. MADAM will resend the correct product at its expense.
Such independently organized return must be returned to New Gold Srl located in Porcari (LU), 55016, Via Leccio n. 21.
However, you will be responsible for any decrease in value of the returned products due to use that is not suitable for preserving the nature and characteristics of the products.
You may also use the attached form (the " Return Form "). Please retain a copy of the proof of return via registered mail or another method that provides proof of the delivery date. You must also insure the returned product against theft and loss for the full value of the product.
Our Returns Policy does not in any way exclude or limit any rights or remedies you may have under the law.
Products must be returned within 14 days of notifying MADAM of your intention to withdraw. This deadline is met if the products are shipped before the 14-day period expires. Refunds for returned products will be made using the same payment method used for the purchase on the Site. If you exchange the products for other products or products of a higher value, you will be charged the difference. It is not possible to exchange the products for other products or products of a lower value. In the case of gifts, the recipient of the gift may only request the replacement of the gifted product with another of equal or higher value. If a product purchased on the Site is exchanged for another product, the shipping costs for the replacement product will be shared equally between MADAM and the customer.
Legal guarantee of conformity
All products sold on the Site are covered by the legal guarantee of conformity provided by
Articles 128-135 septies of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for you in your capacity as a consumer.
To those who, even in violation of the General Conditions, have purchased on the Site but
are not consumers, the guarantee for defects in the item sold, the guarantee for defects in the promised and essential qualities and the other guarantees provided for by the Civil Code will apply
with the related terms, lapses and limitations.
MADAM undertakes to sell goods that comply with the sales contract and which
therefore they possess, where relevant, the subjective and objective requirements set out in art. 129,
Paragraphs 2 and 3 of the Consumer Code. MADAM will be liable to you for any lack of conformity existing at the time of delivery of the products and which becomes apparent within two years of such delivery. To report the defect, you can send an email to info@jewelsbymadam.com .
Pursuant to Legislative Decree 22 May 1999, n. 251, MADAM guarantees the
Precious metals that compose the products are identified by the fineness, expressed in parts per thousand, and the identification mark. The metal's carat weight is also certified by a certificate included in each product packaging.
Customer support, communications and complaints
You can request information and send communications and complaints to MADAM at the following contact: by email: info@jewelsbymadam.com
MADAM will respond to complaints by email or post within a maximum of 7 working days of receiving them.
Applicable law
These Terms and Conditions, their interpretation and execution, including transactions carried out through the Site, are governed by Italian law, excluding conflict of laws rules and private international law. The applicability of the 1980 Vienna Convention on Contracts for the Sale of Goods is also excluded. Each party irrevocably agrees to submit to the jurisdiction of the Italian courts in relation to any complaint or any other matter concerning these Terms and Conditions. The European Online Dispute Resolution platform for the out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a professional established in the Union, as provided for by EU Regulation No. 524/2013, is also available at www.ec.europa.eu/consumers/odr/ .
Duration
MADAM may modify, suspend, or discontinue the Site at any time. We reserve the right to limit, suspend, or terminate your access to the Site and/or its services if we reasonably believe you are violating these Terms and Conditions or applicable laws, or for any other reason, without notice or liability on our part.
Renunciation
Our failure to enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will not affect the validity of any other provisions of these Terms and Conditions, which will remain in full force and effect.
TERMS AND CONDITIONS OF USE OF THE WEBSITE
The website www.jewelsbymadam.com is operated by Thessa Lacovich (“MADAM,” “we,” “us,” or “our”). The purpose of these Website Terms of Use (“Terms of Use”) is to inform potential users of the Website of its terms of use. Please read these Terms of Use carefully before using the Website.
Access to and use of the Website, as well as the services provided by or through it, are conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and others who access or use the Website.
Acceptance of the terms
By accessing or using any part of the Website or the services provided by or through it, you accept and abide by these Terms of Use, as well as any notices on the Website, which may be modified from time to time without notice to you. These Terms of Use constitute a binding contract between us. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: Terms of Use . If you do not wish to be bound by these Terms of Use, please do not access the Website or use any part of it or any services provided by or through it.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.
Contacts
For all matters relating to these Terms of Use, products, orders, further questions, requests or suggestions, you can contact our Customer Service through the live chat on the Website or by email at info@jewelsbymadam.com.
Links to other websites
The Website may contain links to third-party websites or services not owned or controlled by MADAM.
MADAM has no control over the content, privacy policies, or practices of third-party websites or services and assumes no responsibility for them. You further acknowledge and agree that MADAM is not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Disclaimers and limitations of liability
To the maximum extent permitted by law, under no circumstances will MADAM be liable for any losses arising out of, or in connection with, the use of the website.
Except as provided by applicable consumer protection legislation or insurance laws, if any, under no circumstances will MADAM be liable for errors or omissions in such information, or for any direct, indirect, incidental, special, or consequential losses or damages arising from the use, misuse, or reliance on such information.
The website, including, but not limited to, all services, content, functions, and materials, is provided "as is," "as available," without warranty of any kind, either express or implied, including, but not limited to, warranties regarding information, data, data processing services, availability or uninterrupted access, warranties regarding the availability, accuracy, usefulness, or content of the information, as well as warranties of title, merchantability, availability, non-infringement, merchantability, or fitness for a particular purpose of the products or information; any such warranties, express or implied, are hereby disclaimed. We cannot guarantee that the website or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted, or error-free, or that defects will be corrected. We cannot guarantee that the website will meet your requirements. Furthermore, MADAM assumes no responsibility, and will not be held liable, for any damages or viruses, worms, Trojan horses, or other harmful components that may infect your computer or other property due to your access to, use of, or browsing the website, or from any materials, data, text, images, video, or audio downloaded from the website. If you are dissatisfied with the website, your sole remedy is to discontinue use.
Compensation
You agree to defend, indemnify, and hold harmless MADAM, its affiliates, and its and their directors, officers, employees, and agents, from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of content, information, software, or other materials through the Website, or your breach or violation of the law or these Terms of Use, excluding cases of gross negligence or intentional misconduct by MADAM. MADAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MADAM's defense of such claim.
Prohibited content
You shall not: (i) engage in “spidering,” “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or use any other automated means to access, log in, or register on the Website for any other service or feature offered on or through the Website, or obtain lists of users, or obtain or access any other information or item on, from, or through the Website, or any services offered on or through the Website, including, but not limited to, information contained on any server or database connected to the Website, or any services offered on or through the Website; (ii) obtain, or attempt to obtain, unauthorized access to any computer system, materials, information, or services made available on or through the Website, through any means; (iii) use the Website or any services made available on or through it in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, or interfere with any other party's use or enjoyment of the Website, including, but not limited to, sending unsolicited mass messages or “flooding” servers with requests; (iv) use the Website or any services or elements thereof in violation of MADAM's or any third party's intellectual property, or other proprietary or legal rights; or (v) use the Website or any services thereof in violation of any applicable laws. You further agree not to attempt (or encourage anyone else's attempt) to circumvent, reverse engineer, decode, or otherwise alter, or interfere with, or make any unauthorized use of, the Website and its content. You may not obtain or attempt to obtain, through any means, any materials or information not intentionally made public or provided for through the Website.
Viruses, hacking and other crimes
You must not misuse the Website by introducing viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful content. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to our Website. You must not attack the Website via a denial-of-service (DoS) attack or a distributed denial-of-service attack.
Termination
MADAM may modify, suspend, or discontinue this Website at any time. MADAM may also limit, suspend, or terminate your access to the Website and/or its services if it believes you are violating the Terms of Use or applicable law, or for any other reason, without notice or liability. All provisions of the Terms of Use that by their nature should survive termination will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Waiver clause
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give full effect to the parties' intentions as reflected in the provision; the other provisions of these Terms of Use shall remain in full force and effect.
Applicable law
Unless expressly provided otherwise, Italian law (without giving effect to conflicts of law provisions) governs all matters arising from or relating to these Terms of Use and other Site policies, including, but not limited to, their validity, interpretation, construction, performance, or enforcement. Unless expressly provided otherwise, all legal actions arising from or in connection with these Terms of Use and other Site policies shall be brought exclusively in the Court of Milan, Italy.
Complaints
If you wish to submit complaints regarding any form of abuse and/or violation of these Terms of Use, please contact us by email at info@jewelsbymadam.com.
Once the user has filled out and submitted the report, we will review it and, if necessary, take action.