General terms and conditions
These conditions apply between the company Jijide S.r.l., with registered office in via California 12, 20144 Milano, tax code 10400020961, e-mail firstname.lastname@example.org, certified e-mail email@example.com, hereinafter referred to as ‘JIJIDE’, and any person who makes online purchases on the website jijide.com, hereinafter referred to as “CUSTOMER”. These conditions may be subject to modifications; their publication on the website and their entry into force will take place on the same date.
The present conditions shall apply to purchases made on the website jijide.com, in accordance with the dispositions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on electronic commerce.
ARTICLE 1 – Object of the contract
The present general terms and conditions apply to distance selling of goods for sale on the website jijide.com. The contract is concluded exclusively through the Internet, by means of CUSTOMER’s access to the website jijide.com and the completion of a purchase order according to the procedure provided for therein.
Before confirming the order, the CUSTOMER must read the present general conditions of sale and accept them by flagging the appropriate box.
With the e-mail confirming the purchase order, the CUSTOMER will also receive the link to download and archive a copy of the present general terms and conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER shall examine the characteristics of the goods which are published in the section concerning the product description.
Before validating the order with “obligation to pay”, the CUSTOMER is informed about:
– the total price of the goods including taxes, with details of delivery charges and any other costs;
– payment methods;
– the date by which JIJIDE shall deliver the goods;
– conditions, terms and procedures concerning the right of withdrawal (art. 6 of the present conditions), as well as the standard withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014;
– information that the CUSTOMER will be charged for the cost of returning the goods in case of withdrawal;
– existence of a legal guarantee of conformity for the purchased goods;
– after-sales assistance conditions and commercial guarantees provided by JIJIDE.
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is concluded with the receipt of the order confirmation e-mail sent by JIJIDE. The e-mail contains the CUSTOMER’s personal data and the order number, the price of the purchased goods, the delivery charges and the delivery address to which the goods will be sent and the link to print and archive a copy of these terms and conditions.
The CUSTOMER undertakes to verify the correctness of his/her personal data contained in the above e-mail and to promptly notify JIJIDE of any corrections/changes to be made.
JIJIDE undertakes to describe and present the items sold on the website in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the product displayed on the website and the actual product. Furthermore, the photographs of the products presented on jijide.com do not constitute a contractual element, as they are to be considered as merely representative.
JIJIDE undertakes to deliver the goods within 30 business days from the date on which the order confirmation e-mail has been sent.
ARTICLE 4 – Products availability
The products availability refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered as purely indicative since:
– the products may be sold to other CUSTOMERS before confirming the order, due to the simultaneous presence of more users on the website,
– there may be a software malfunction that makes a product available for purchase even if it is actually not.
Even after JIJIDE has sent the e-mail order confirmation, it may happen that the goods are partially or totally unavailable. In this case, the order will be automatically corrected with the elimination of the product or products not available and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of reimbursement of any amounts paid.
ARTICLE 5 – Payment methods
All payments must be made by the CUSTOMER using the credit cards indicated on jijide.com website and Paypal payment method.
In case of credit card payment, the amount of the order will be charged only when the order is complete and ready for shipment.
In case of Paypal payment, the actual charge will be made when JIJIDE sends the order confirmation e-mail.
Communications and information provided by the CUSTOMER regarding payment are made on protected lines. Payment security is guaranteed by Paypal.
ARTICLE 6 – Prices
All products sale prices indicated on the website jijide.com are in euros and include VAT.
Delivery charges are not included in the purchase price published on jijide.com; they are indicated and calculated at the time of conclusion of the purchase process before payment is made.
The CUSTOMER accepts the right of JIJIDE to modify its prices at any time; however, the goods will be invoiced on the basis of the prices indicated on the website at the time of the order’s placement and indicated in the confirmation e-mail sent by JIJIDE to the CUSTOMER.
In the event of a software, manual, technical or any other error that may result in a substantial change, beyond JIJIDE’s control, in the retail price, making it unreasonably high or low, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the date of cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with current legislation, the CUSTOMER has the right to withdraw from the purchase without penalty and without indicating the reason, within 14 days from the date of receipt of the products.
The CUSTOMER who decides to exercise the right of withdrawal must notify JIJIDE an explicit statement, which shall be sent by registered letter with return receipt or by certified e-mail.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is indicated below:
Standard withdrawal form pursuant to art. 49, paragraph 1, letter h)
(Please fill in and return this form only if you wish to withdraw from the contract)
JIJIDE SRL, WITH REGISTERED OFFICE IN via California 12, 20144
Phone no.: 0291577036 – fax no.: 0291577036
Certified e-mail: firstname.lastname@example.org
I/we (*) hereby give notice (*) that I/we (*) withdraw from my/our (*) sale contract for the following goods/services (*)
– Ordered on (*)/received on (*)
– Name(s) of customer(s)
– Address(es) of customer(s)
– Signature(s) of customer(s) (only if the present form is sent in printed form)
(*) Delete the entry not used.
In case of exercise of the right of withdrawal, the CUSTOMER must return the goods within 14 days from the date on which he notified JIJIDE of his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to JIJIDE SRL, at:
Jijide S.r.l. – via California 12, 20144 Milano
The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment) and with all the tax documentation attached. Provided that JIJIDE SRL has the right to verify compliance with the above, the amount of the products subject to withdrawal will be refunded within a maximum of 14 days.
The CUSTOMER shall be charged with the costs of returning the goods pursuant to art. 57 of the Consumer Code.
In accordance with art. 56 paragraph 3 of the Consumer Code, JIJIDE may withhold the refund until it has received the goods or until the consumer has demonstrated that he has returned them, depending on which situation occurs first.
JIJIDE will carry out the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In case of payment by bank transfer, and if the CUSTOMER decides to exercise his right of withdrawal, he must provide JIJIDE with the bank details (IBAN, SWIFT and BIC) necessary to carry out the refund.
ARTICLE 8 – Exceptions to the right of withdrawal
The right of withdrawal does not apply in the following cases:
– supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, or in case of supply of products which have been mixed inseparably with other goods after delivery;
– supply of tailor-made or customized goods;
– supply of goods which are subject to rapid deterioration or expiration.
ARTICLE 9 – Legal guarantee of conformity
In the event of receipt of defective products or products that in any other way do not comply with the orders placed, the CUSTOMER has the right to have the product’s conformity restored without charge by means of repair or replacement of the product. The CUSTOMER may exercise this right if the defect occurs within two years from the delivery of the goods and the defect is notified to JIJIDE within two months from its discovery.
In the event of a defective or non-conforming product, JIJIDE will arrange, at its own expense, for the collection of the product, subject to the CUSTOMER’ s availability.
ARTICLE 10 – Delivery methods
JIJIDE will only accept orders that are to be delivered in Italy. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order placement within the maximum term established by law (30 days) from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by JIJIDE.
For each order placed on jijide.com website, JIJIDE will issue an invoice for the shipped goods; it will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
When shipped, the goods travel at the Customer’s own risk, therefore JIJIDE cannot be held liable for any damage caused to the goods during transportation or in the event of theft of goods already delivered to the carrier. In the case in question, the provisions of Article 1510 c paragraph II shall apply.
ARTICLE 11 – Liability
JIJIDE does not assume any responsibility for disruptions due to force majeure or circumstances beyond its control, even if dependent on malfunctions and disruptions of the Internet, in case it is unable to comply with the order in the time established by the contract.
ARTICLE 12 – Access to the website
The CUSTOMER has the right to access the website to visit it and make purchases. It is not allowed any other use, particularly commercial, of the website or its content. The integrity of the elements of this website, whether audio or visual ones, and the related technology, remain the property of JIJIDE and are protected by intellectual property rights.
ARTICLE 13 – Cookies
JIJIDE shall inform the Customer of the possibility to block the creation of such files by accessing the Customer’s Internet configuration menu. It is understood that this will prevent the Customer from proceeding with online purchases.
ARTICLE 14 – Intellectual property
JIJIDE retains all intellectual property rights to the products on sale on jijide.com website, especially with respect to models, pictures, product features and specifications and other information that may be accessible to the CUSTOMER. It is forbidden to copy, sell or otherwise share the pictures displayed on jijide.com without the prior consent of JIJIDE.
ARTICLE 15 – Contract validity
The present General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more of the provisions included in these General Terms and Conditions of Sale are deemed or declared invalid pursuant to law or regulations, or following a decision of a court having jurisdiction, the other provisions shall continue to have full validity and effectiveness.
ARTICLE 16 – Applicable law and jurisdiction
The present General Terms and Conditions of Sale are subject to Italian law.
Any dispute that is not amicably settled shall be submitted to the exclusive jurisdiction of the Court of the CUSTOMER’s place of residence or domicile, if located within the territory of the Country.
For the settlement of disputes arising from the proper application of contracts regulated by this Chapter, mediation procedures may be invoked, as provided for in Legislative Decree no. 28 of 4 March 2010. This does not affect the possibility of applying the voluntary and joint negotiation procedures provided for in Article 2, paragraph 2, of the same Legislative Decree no. 28 of 4 March 2010.