CONDITIONS OF SALE

1. General

The following terms and conditions and any other related rules (collectively the “Conditions of Sale”) that are adopted by SIDALO GIOIELLI, a company incorporated and existing under the laws of Italy, with registered office in Valenza Po (AL), via Martiri di Cefalonia n. 28 (“SIDALO” or “us”), shall apply to all sales of SIDALO products that you (the “Customer” or “you”) may order from us on the Internet via SIMO’s Websites, identified by the domain name www.simojewels.com (“SIMO” or the “Website”). These Conditions of Sale apply exclusively to sales made through the Website. SIDALO may modify the Conditions of Sale from time to time, at its sole discretion. The Conditions of Sale are applicable to any order at the time you place your order. In the case of an order placed through the Website, when you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with SIDALO, you indicate your acknowledgment and your full acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any SIDALO products. Persons wishing to use the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Conditions of Sale by reference. SIDALO may modify the Conditions of Sale, the Website Terms of Use and the Privacy Policy from time to time, at its sole discretion. By using this Website after any such change, you agree to comply with, and be bound by, the Conditions of Sale, our Website Terms of Use and our Privacy Policy as changed.

2. Purchasing Eligibility

Only (i) individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal capacity to enter into contracts and (c) are living in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and Switzerland and (ii) companies who have registered offices in the aforementioned countries may order products on the Website (please also refer to payments and shipping sections below for further details). If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to these provisions shall be null and void.

3. Product Availability and Quantity

All orders placed on the Website are subject to availability and acceptance by SIDALO. SIDALO reserves the right to change the assortment of items proposed on the Website and may limit from time to time the quantity of SIDALO products that may be ordered by a Customer in a single buying session. The product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “Add to Jewellery Box” button are available for sale through the Website. You are not required to have an account in order to make a purchase on the Website. You can check out as a guest and the order history will not be saved. Orders placed as guest are not able to be linked to customer accounts after the fact. You will be required to register and create your online account unless you select the “Checkout” on our Website. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, e-mail address and password. Upon completion of your account registration on the Website you will receive an e-mail which allow you to log in your account on the Website and create a permanent account login and password. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. SIDALO will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use your password and account login. We may change the information required to place a new order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy for more details about how we may use your personal information.

4. Account Registration and Personal Information

In order to place an order on the Website, you will be required to register and create your online account unless you select the “Checkout as Guest” on our Website. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, e-mail address and password. Upon completion of your account registration on the Website, you will receive an e-mail which will allow you to log in to your account on the Website and create a permanent account login and password. You may also receive a second e-mail summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. SIDALO will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login. We may change the information required to place a new order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and these Conditions of Sale for more details about how we may use your personal information. Should any of the information you provide on the Website change, please login to your account and update such information directly on the Website, inform the Customer Care Centre (e-mail address indicated on the Website) or notify SIDALO as set out in our Privacy Policy. Moreover, in the event that SIDALO reasonably suspects that a third party has breached a Customer’s registration, password and/or account login, SIDALO shall immediately cancel and terminate such account, and notify you by e-mail or telephone.

5. Orders

If you are willing to order on the Website, your offer to place an order will be processed as follows: once you have chosen a product, click on the “Add to Jewellery Box” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected in your shopping bag. You should carefully check all details before placing your order on the Website. When you have completely reviewed your order, first check the box next to “I have read and accept the Conditions of Sale” to indicate your agreement to be bound by these Conditions of Sale. Then click on the “Place my Order” button on the Website to place your order. By placing an order, you are submitting an offer to SIDALO to buy the products you have placed in your “Jewellery Box”. We will then send you a confirmatory e-mail to acknowledge that we have received your order. This is sent out automatically by us to the e-mail address you register with us. Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to buy our products. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept your order. After sending you the acknowledgment e-mail we will check to make sure we are able to fulfil your order. Where we accept your order, we will confirm such order by sending you an e-mail (the “Confirmation of Order”) confirming your order, confirming dispatch of the products to the delivery address you have requested. This is sent out automatically by us to the e-mail address you register with us. In this case we will also send you the terms, conditions and procedures for exercising the right of withdrawal. By sending you the Confirmation of Order and thereby confirming and accepting your order, the contract between us (the “Contract”) is formed. You are not permitted to replace or to exchange purchased products with other productsin case you indicated the wrong size. If the order form has been sent and the price has been paid for goods that are no longer available, SIDALO will refund the amount paid for those goods. Notwithstanding anything to the contrary provided for herein, SIDALO reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, SIDALO may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if SIDALO suspects that you have violated these Conditions of Sale or when a customer has carried out an excessive number of returns beginning from the date of the first return also pursuant to article 10 herein.

6. Prices, Tax and Shipping Costs

All Prices shown on the product pages of the Website include VAT. SIDALO reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website as indicated at the time SIDALO provides you with a Confirmation of Order, will be honoured by us. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. Shipping costs and VAT will be reflected on your order page, that is to say the last page before you are asked to confirm and place your order, and will also appear on your Confirmation of Order and invoice. Shipping costs, if any, are described in the shipping policy. Please note that VAT will vary based on the location to which products are being shipped.

7. Customer’s Review and Confirmation

You should carefully check all details before placing your order on the Website, including without limitation the particulars of each sale, which will be provided by SIDALO. By placing an order, you are submitting an offer to SIDALO to buy the products you have placed in your “Jewellery Box”. Notwithstanding anything to the contrary provided for herein, SIDALO reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, SIDALO may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if SIDALO suspects that you have violated these Conditions of Sale.

8. Payment

8.1. Payment

by credit or debit card You may pay by credit or debit card, as indicated on the Website. When ordering on the Website, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to SIDALO, you will need to contact your card issuer directly to solve this problem, and SIDALO will not be liable for any delay or non-delivery. Although we will do our best to protect your personal information throughout the online selling process, we cannot guarantee the security and integrity of the data you transmit to the Website and be held liable for any harm or loss resulting from the use of the internet network, such as in the case of hacking.

8.2. Payment by bank wire transfer

You may pay by bank wire transfer orders placed on the Website. Please do not forget to mention the order reference number in your bank wire transfer form. After you place an order and select bank wire transfer as your method of payment, SIDALO will wait until your payment is received before processing your order. If the funds are not credited into our bank account within seven (7) working days after you have placed your order, this order will be cancelled. SIDALO will not charge a fee for paying by bank wire transfer, but please ensure that we receive the full amount mentioned in the Acknowledgment of Order before we process your order. Please note that some financial institutions may charge you a fee for using a bank wire transfer. 8.3. Security SIDALO takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. SIDALO uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Although we will do our best to protect your personal Information throughout the online selling process, we cannot guarantee the security and integrity of the data you transmit to the Website and be held liable for any harm or loss resulting from the use of the internet network, such as in the case of hacking.

9. Quality Control and Delivery

Before our delivery to the carrier of the goods purchased by the Costumer, SIDALO carries out a preventive control of compliance of the same goods. Our delivery to the carrier will take place as soon as possible and in any case within a reasonable time to allow the carrier to make the delivery within thirty days from the received of the Confirmation of Order. All the costs necessary for the delivery of the goods are charged exclusively by SIDALO. The risk in respect of goods sold in transit is assumed to the Costumer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage.

10. Customer’s Right of Withdrawal

You have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire physical possession of the goods. To exercise the right of withdrawal you must inform us of your decision to withdraw from the Contract in writing by an unequivocal statement (e.g. a letter sent by post or via e-mail to SIDALO). You shall send back the goods to us without undue delay in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. The deadline is met if you send back the goods before the period of 14 days has expired. We inform you that all the costs necessary for the exercise of the right of withdrawal, including the cost of the return, will be charged exclusively by you. The choice of the carrier is at the discretion of the Costumer, but we recommend to put our goods in the original package. SIDALO is not responsible for any loss or damage to your merchandise. The Customer will be liable for any decrease in the value of the product if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. “Quality inspection and functional testing’’ is understood to mean the testing of the product as one would usually do in a retail point of sale. Consequently, if the product is damaged, SIDALO will deduct the cost of refurbishment or replacement from the refund. Keep a proof of return shipment; SIDALO accepts no liability in the event that such proof cannot be produced. If you withdraw from the Contract, we shall reimburse to you all payments received from you without undue delay and, in any event, no later than 14 working daysfrom the day on which we are informed by your decision to withdraw from the Contract. We may withhold reimbursement until we have received the goods back and after we have proceed with the Quality Control (QC) below. All returns will be subject to strict Quality Control (QC) by SIDALO. If the returned product satisfies Quality Control (QC), SIDALO will proceed with the refund. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

11. Governing Law

These Conditions of Sale shall be governed by and construed in accordance with the laws of Italy (including legal guarantees of conformity for goods), without reference to conflict of law provisions, and with the inclusion of the Convention on the International Sale of Goods.

12. Jurisdiction

You may bring proceedings against SIDALO either in the courts of Italy. Without any restriction to bring proceedings before a Court, SIDALO will first make reasonable efforts for a period of thirty (30) daysto resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.


PayPal