This document sets out the general terms and conditions on the basis of which the use of the web site
www.dmsnc.it provides wholesale and retail of gold and silver jewelry.

1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the
singular and in the plural, shall have the meaning indicated below:
Owner: D.M. SEMILAVORATI SRL, with registered address in in Via dei Bricchi, 10, 15040 Pietra Marazzi AL, Italy, Vat code
IT01755540067, REA AL – 268355, certified e-mail address: dmsemilavoratisrl@pec.it.
– Application: the web site www.dmsnc.it
– Products: the goods provided to the user by the Owner
– User: any person who accesses and uses the Application
– Consumer User: the natural person who enters into a contract for purposes which are not related to his trade,
business or craft professional job;
– Non-Consumer User: the natural person of legal age or legal person who enters into a contract for the
performance or for the needs of his trade, business or profession
– Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale or supply of the Products
offered by the Owner through the Application.

2. Scope of the Conditions

The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other notice, legal notice, information published or re-called therein may not use the Application or the related services.
The Terms may be changed at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.

Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.

The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphic interface of the Application, the Contents and their organization, as well as any other feature that characterizes the functionality and management of the Application, communicating to the User the relative instructions, when necessary.

3. Purchase or delivery request through the Application

All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery method, times and expenses, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.

Purchases and / or delivery requests of one or more Products through the Application are permitted both to Consumer Users and to Non-Consumer Users.

Purchases and / or delivery requests are permitted only to natural persons of legal age. For minors, any purchase and / or request for the supply of Products through the Application shall be examined and authorized by the parents or those exercising parental authority.

The offer of Products through the Application shall be deemed as an invitation to prepare an offer and the order sent by the User as contractual purchase proposal and / or a delivery request, subject to the confirmation and / or the acceptance of the Owner as described below. Therefore, the Owner has the right to accept or refuse the User’s order or delivery request at its discretion. Accordingly, the User is not entitled to complain about the Owner’s decision for any reason.

The contract of sale or provision of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User or by displaying a web order confirmation page. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and / or taxes, if any, delivery address, delivery times and costs, if any, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.

The contract of sale or supply of the Products is not effective between the parties in absence of what is indicated in the preceding paragraph.

In the event that the Product is not available, the Owner shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Owner.

The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.

4. Registration

To take advantage of the features of the Application, the User shall register and provide, truthfully and completely, all data requested in the registration form and accept the privacy policy and the Conditions.

The User has the responsibility to keep login credentials. The login credentials shall be used exclusively by the User and cannot be transferred to third parties.

The User undertakes to keep them confidential and to ensure that no third party has access to them. Should the User suspect or become aware of any improper use or disclosure, he shall immediately inform the Owner.

The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless from any damage, indemnity and / or penalty resulting from and / or in any way connected to the infringement by the User of the Application registration rules or the storage of the login credentials.

5. Account cancellation

The registered User can interrupt the use of the Application at any time and deactivate his account or request the cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@dmsnc.it or by calling the customer service at the number 0131 355385.

In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

6. Prices and payments

For each Product the price including VAT, if due is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the methods for calculating the price shall be indicated.

Furthermore, all possible taxes, additional costs and delivery costs will be indicated, which may vary according to the destination, the chosen delivery method and/or the payment method used.

If these expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.

The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.

The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).

Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.

7. Billing

The User who intended to receive the invoice for the payment shall provide the Owner with the billing information. In this case, the User declares that the information provided is true and releases the Owner from any liability in this regard.

8. Method of delivery of Products

The material products and / or digital goods supplied on a material support shall be delivered to the address indicated by the User, in the manner and at the time chosen or indicated in the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation shall provide the period of time usually required to deliver the Product from the moment the courier takes charge.

In the event that it is not possible to provide the Products requested, a prompt notice shall be given to the User via e- mail, indicating the expected time of delivery or the reasons that make the delivery not possible.

If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid, which shall be paid promptly with the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its compliance with the order as well as the integrity of the packaging. In case of evident damage to the packaging and / or to the Product, the User can refuse the delivery of the Product and may return it without any charge. Once the delivery document has been signed, the User cannot make any objection to the external characteristics of the Products delivered.

The Owner is not liable for damages losses and costs incurred as a result of the failure to execute the contract due to force majeure.

9. Exclusion of the right to withdrawal of Non-Consumer Users

The Non-Consumer User is not entitled to withdraw from the contract of sale or delivery of the Products.

The User expressly acknowledges that the indication in the order of a VAT identification number qualifies him as a Non-Consumer User.

10. Right to withdrawal of Consumer Users from the purchase of Products

The Consumer User who, for any reason, is not satisfied with the Product has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 days from the date of delivery of the Product, by sending a written communication to the e-mail address info@dmsnc.it, using the optional withdrawal form provided in the following article or any other written declaration.

In the case of separate delivery of more than one Product, ordered by the Consumer User with a single order, the term of 14 days for exercising the right to withdrawal starts from the day of delivery of the last product.

In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he notified his decision to withdraw from the contract.

The Consumer User shall only bear the direct cost of returning the Product, unless the Owner has declared to bear it.

In the event of a correctly exercised withdrawal, the Owner will reimburse the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his wish withdraw from the contract.

The Consumer User shall only bear the direct cost of returning the Product, unless the Owner has declared to bear it.

The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

The Holder will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, , etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

11. Exclusion of the right of withdrawal of the Consumer User

The right of withdrawal from the contract for the sale or supply of Products by the Consumer User is excluded in relation to: the supply of tailor-made or clearly personalized Products.

In cases of exclusion of the right of withdrawal, the Owner will return the purchased Products to the User, charging the shipping costs.

For more information, the User shall contact the Owner at the e-mail address info@dmsnc.it or call the customer service at the number 0131 355385.

12. Optional form to exercise the right of withdrawal

The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address info@dmsnc.it before the expiry of the withdrawal period:

I hereby communicate the withdrawal from the sales or supply contract relating to the following product:

Order number:

Ordered on:

Name and surname:

Address:

Email associated with the account from which the order was placed:

Date:

13. Warranty of Material Products for Non-Consumer Users

In relation to the material Products, the guarantees for defects of the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided by the civil code with the relative terms, forfeitures and limitations (articles 1490) will be applied to non-consumer users. et seq. cc).

14. Warranty of conformity of material Products for Consumer Users

The legal warranty of conformity is recognised, provided for by articles 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of "consumer goods", as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or specific quantity, iii) electricity.

The legal guarantee of conformity is reserved for Consumer Users only.

The Owner has the obligation to deliver to the Consumer User Products compliant with the sales contract. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:

a. they are suitable for the use for which goods of the same type are normally used;

b. they comply with the description given by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model;

c. present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public declarations on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, especially in advertising or on labelling;

d. they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Data Controller at the time of conclusion of the contract and which the Data Controller has accepted also for conclusive facts.

Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or with the provisions of the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.

The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage did not originate from an incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, free of charge. To this end, the Consumer User can choose between repairing the Product or replacing it.

This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User has the right to an appropriate price reduction or termination of the contract, only if one of the following situations occurs:

i) repair and replacement are impossible or excessively expensive;

ii) the Owner has not repaired or replaced it within a reasonable time;

iii) the replacement or repair has caused significant inconvenience to the Consumer User.

If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address info@dmsnc.it or by calling customer service on 0131 355385.

The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

15. User Submitted Content

The User can upload Contents to the Application, provided they are not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties ), misleading, or are not harmful to the Data Controller and/or third parties in any other way or do not contain viruses, political propaganda, commercial solicitations, mass e-mails or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless and harmless from any damage, loss or expense.

The User guarantees that the Contents are sent to the Application through his account by adults. For minors, the sending of Contents must be examined and authorized by the parents or by those exercising parental responsibility.

The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users and is therefore the only guarantor and responsible for the correctness, completeness and lawfulness of the Contents and your own behavior.

It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to take possession of his identity, or in any other way to falsely declare the origin of the Contents.

The Owner is unable to ensure precise control over the Contents received and reserves the right at any time to cancel, move, modify those which, in its discretionary judgment, appear to be illicit, abusive, defamatory, obscene or harmful to the right of author and trademarks or in any case unacceptable.

Users grant the Owner a non-exclusive right of use on the Contents sent, without limitations of geographical areas.

The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, memorize, annotate, codify, modify and adapt ( including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, even audio and video) that may be sent by the User, even through third parties.

The Content sent will not be returned and the Owner will not be liable to Users for the loss, modification or destruction of the Content sent.

It is expressly forbidden, unless explicitly authorized by the Owner: i) the use of automatic ad loading systems, except those expressly authorized, ii) the serial publication and/or management of ads on behalf of third parties by any means or modality, iii) resell the services of the Owner to third parties.

16. Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Application and/or the Contents available on the Application. Therefore, all trademarks, figurative or registered and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

The Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available therein, unless otherwise regulated.

Any reproductions in any form of the explanatory texts and of the Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.

17. Disclaimer of Warranty

The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not never interruptions or will be free of errors or it will be free of viruses or bugs.

The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period.

Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to the Owner's will or due to force majeure events.

18. Limitation of Liability

The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its suppliers.

Furthermore, the Owner will not be liable for damages, losses and costs suffered by the User following the non-execution of the contract for reasons not attributable to him, since the User is only entitled to a full refund of the price paid and any ancillary charges supported.

The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, holder's name, password, etc.)

The Owner will not be responsible for:

– any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner;

– incorrect or unsuitable use of the Application by Users or third parties;

– the issue of incorrect documents or fiscal data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.

In no event can the Owner be held responsible for a sum exceeding double the cost paid by the User.

19. Force majeure

The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unpredictable events and, in any case, independent of its will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

20. Linking to Third Party Sites

The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.

Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

21. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the dedicated page.

22. Applicable law and jurisdiction

The Terms are subject to the law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.

Without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

For non-consumer users, any dispute relating to the application, execution and interpretation of these conditions will be referred to the court of the place where the owner is based.

23. Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online.

The platform is available at the following address: ec.europa.eu/consumers/odr/.