Terms and Conditions
Welcome to Doralia Marketplace. These Terms and Conditions (as defined below) regulate the use of the Doralia Marketplace by Consumers, as well as the relationship between Doralia Italia S.r.l. (hereinafter referred to as “Doralia”), with registered office at Via Paolo da Cannobio n. 9, 20122 Milano, Italy, VAT no. 10204970965, REA Nr. 2515674, Social Share Capital: € 10.500,69, and the Consumers, as defined below.
GENERAL REMARKS
These Terms and Conditions regulate the relationship between Doralia and its Consumers and are deemed accepted and in force at the time of the Consumers’ registration on the Marketplace. The General Terms and Conditions describe the access and use of the Marketplace by the Consumer and describe the functionalities offered therein.
By registering on the Marketplace, the Consumers declare under their sole responsibility that they have read and understood these General Terms and Conditions and fully accept these provisions without reservation.
The full acceptance of these General Terms and Conditions is a necessary condition for the use of the Marketplace. If the Consumers do not wish to accept these General Terms and Conditions, they must immediately stop navigating the website doralia.com and refuse registration.
Doralia reserves the right, at its sole discretion, to amend, modify or replace any part of these Terms and Conditions by notifying the Consumer by email to the email address provided by the Consumer during registration. In the email, the Consumer will be directed to a special link on the home page of the Marketplace. The Consumer must click on this link and accept the new General Terms and Conditions before being allowed to access and use the Marketplace. The latest version of the General Terms and Conditions in printable form will be available to the Consumer under the hypertext link "General Terms and Conditions", which is accessible from the main menu of the Marketplace.
Definitions
"Consumer": means a natural person residing or domiciled in a country who registers on the Doralia Marketplace to purchase or consider purchasing available Products for personal purposes, excluding entrepreneurial, business, craft or professional purposes.
"Consumer Code": means Italian Legislative Decree No. 206 of September 6, 2005, as amended.
"Content": means all information and/or data contained on the Doralia Marketplace.
"Marketplace": means the platform accessible on the website www.doralia.com, owned and managed by Doralia.
"Country": means one of the following countries: Albania, Algeria, Andorra, Angola, Antigua & Deps, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Rep, Chad, Chile, China, Colombia, Comoros, Congo, Congo {Democratic Rep}, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, East Timor, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland {Republic}, Israel, Italy, Ivory Coast, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Korea North, Korea South, Kosovo, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, {Burma}, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, Rwanda, St Kitts & Nevis, St Lucia, Saint Vincent & the Grenadines, Samoa, San Marino, Sao Tome & Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad & Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, Vietnam, Yemen, Zambia, Zimbabwe
"Product": means any jewelry item offered for sale by Producers on the Marketplace.
"Personalized Products": means jewelry items made by Producers upon special order request of Consumers.
"Producer": means a natural or legal person established or resident in the territory of the Italian Republic, acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or an intermediary that offers, promotes and sells their own Products on the Marketplace.
"Technical Data Sheet": means the information sheet for each Product, including related images and Product details, uploaded on the Marketplace.
"Terms and Conditions": means the terms and conditions of the Marketplace that regulate the relationship between Doralia and the Consumer and govern the Consumer's use of the Marketplace, together with any other documents referred to therein.
In these General Terms and Conditions, unless the context requires otherwise, words that are in the singular include the plural and vice versa.
CONSUMER'S REGISTRATION PROCESS
To access and use the Marketplace, Consumers must register and create an account. Registration is reserved exclusively for adults who are legally capable of signing a contract. It is prohibited to register using a false identity or false contact information.
The Consumer must fill out the registration form by providing personal information, specifically a username, password and email address. In addition, the Consumer must expressly accept these Terms and Conditions in order to complete the registration process.
At the end of the registration process, an automatic email will be sent to the Consumer at the email address provided during registration, containing a link to confirm the registration and the Consumer's account details. Once the registration is successfully completed, the Consumer can use the functionalities of the marketplace.
FUNCTIONING OF THE MARKETPLACE AND SPECIFIC CONSUMER OBLIGATIONS
When browsing the marketplace, the Consumer can view the technical datasheets for each Product. The technical data sheet includes for each Product: name and reference code, a brief description, history, price including VAT (if applicable), availability in stock, and days needed to manufacture the Product if it is not available (in any case no more than 21 days), photos of the Product and any additional information that the manufacturer wishes to share with Consumers.
If the correct price of a Product on the date of the Consumer's order is lower than the price indicated on the technical datasheet, Doralia will charge the lower amount for those Products;
if the correct price of a Product on the date of the Consumer's order is higher than the price indicated on the technical datasheet, Doralia will ask the Consumer for his/her instructions before accepting the order. If the Consumer notifies in writing that he/she does not wish to proceed with the order, the order will be canceled without charge.
The Consumer may purchase a maximum of 5 (five) units of the same Product unless theproduct is a unique item.
The Consumer wishing to purchase a Product on the Marketplace must use the "ADD TO CART" button included in the technical data sheet, whereupon the Product will be temporarily placed in the shopping bag. To complete the order, the Consumer must pay as described in Article 5. The purchase is considered completed when the Consumer receives from Doralia the corresponding payment notification and the related confirmation email.
Orders placed on weekends or public holidays will be processed on the next business day. Business days are Monday to Friday, excluding public holidays in Italy.
Doralia reserves the right to evaluate the acceptance of orders received. In addition to the circumstance described in Article B, Doralia will refuse orders only if the Product is no longer available. In this case, Doralia will inform the Consumer if it is not possible to accept the purchase within 30 (thirty) days from the day on which the Consumer has completed the purchase.
In the event of a rejected order, Doralia will refund the amounts already paid by the Consumer for the aforementioned purchase.
Doralia reserves the right to control the quality of the Products by using its own trusted laboratories equipped with all systems and specific equipment for the quality control of the Products before they are delivered to the Consumer.
Within six (6) business days after receiving the purchase confirmation email, if the Product is available, the Producer must send the Product to Doralia.
After Doralia receives the Product from the Producer and performs the quality checks, Doralia will package the Product and deliver it to the Consumer on behalf of the Producer.
The Consumer only pays for the delivery cost if it was determined prior to purchase. The shipment of the Product from the Producer to Doralia and from Doralia to the Consumer is subject to appropriate insurance coverage, which is already included in the delivery cost.
PAYMENTS
The technical data sheet indicates the price of each product in the local currency. Payment for the product shall be made in full by the Consumer at the time of purchase, by credit card or another accepted payment method, including cryptocurrencies.
The Consumer can pay with STRIPE Group. This gateway includes all major credit cards, such as Visa, Mastercard and American Express. It is also possible to pay with cryptocurrencies via the CointoPay crypto gateway.
For the payment, the Consumer must confirm to Doralia that he/she is the holder of the credit card used and that the name indicated on the card is his/her name. The Consumer communicates the card number, expiration date and security code on the website itself.
In order to prevent Internet fraud, payments made through the website www.doralia.com are managed through the network of the bank in question using the tools offered by STRIPE. This company is responsible for the storage and automatic processing of the information related to each order, including credit card details, in a secure environment.
If for any reason the debit of the amounts owed by the consumer does not take place, the sales process will be automatically completed and the sale will be canceled.
PRODUCT DELIVERY
Doralia will inform each Consumer that the ordered Products will be delivered to the address indicated by the Consumer at the time of purchase, and only after confirming the payment of the corresponding order, Doralia will execute the order of the Product no later than 30 days after the date of confirmation of purchase, unless Doralia notifies the non-acceptance of the order within the same period.
Delivery will be made by DHL, Malca Amit or Ferrari or any other trusted courier service.
The stated delivery date of the Product is considered an estimate and Doralia can in no case be held responsible for delivery delays caused by the shipping service provider. Shipping costs, if any, will not be refunded even if the consumer cancels the Product order.
The Consumer will be notified by email of the expected delivery date and the name and contact information of the shipping company contracted by Doralia to make the delivery. The Consumer must contact Doralia to arrange a different delivery date.
CONSUMER RULES
By accepting these terms and conditions, each Consumer agrees to abide by the following rules:
It is expressly prohibited to promote or encourage in any way and in any form one or more of the prohibited actions and activities listed above.
Doralia may, in its sole discretion, restrict the use, suspend or close the account of any Consumer who misuses or abuses the Marketplace. Closing the account restricts the Consumer from using the features offered by the Marketplace.
RIGHT OF WITHDRAWAL
Doralia acknowledges that Consumers who are not satisfied with the Products received, except in the cases provided for in Article 59 of the Consumer Code, may exercise their right of withdrawal in accordance with Articles 52-58 of the Consumer Code.
The Consumer may exercise his/her right of withdrawal by notifying Doralia within 14 (fourteen) days of receipt of the Product of his intention to withdraw from the purchase contract and return the Product to Doralia within 14 (fourteen) days of receipt of the Product.
To exercise his/her right of withdrawal, the Consumer must notify his/her intention by mail: hello@doralia.com and with a registered letter signed by the Consumer to Doralia, containing the notice of withdrawal, the Consumer's data and the Product in question. The Consumer may use the standard form that can be found at the end of these General Terms and Conditions (Appendix A), which must be printed and completed and sent to the following address: Doralia Italia S.r.l., Piazza Gramsci 9 15048, Valenza (AL).
If the Consumer exercises his/her right of withdrawal, he/she must return the Product by mail or courier within 14 days from the date on which he/she informed Doralia of the withdrawal. The product must be sent to the following address:
Doralia Italia S.r.l., Piazza Gramsci 9 , 15048, Valenza (AL) ITALY
In the case of withdrawal, the Product must be returned by registered mail and insured, complete with all original packaging (boxes, accessories, labels, protections, etc.), as well as the carefully filled delivery bill and a copy of the invoice.
The Consumer bears the burden of proof for the exercise of the right of withdrawal. The consumer is also responsible for returning the product without delay.
In case of withdrawal, all costs for the return of the purchased Product(s) shall be borne by the Consumer.
The refund of the price will be made through the same payment method chosen by the Consumer. The Consumer will not incur any costs as a result of the refund.
In any case, the Consumer shall be responsible for the loss of value of the products resulting from manipulations that are not strictly necessary to assess the nature, characteristics and operation of the Products.
If the Product returned by the Consumer is damaged, incomplete, dirty, with the integrity label removed or in any other condition that clearly indicates that the Product has been used in a manner that compromises its essential integrity, the Product will not be replaced.
Failure to return the Product within fourteen (14) days from the date of notification will be considered by Doralia as a revocation of the consumer's notice of withdrawal. Therefore, the consumer keeps the purchased product and Doralia is not obliged to issue a refund.
According to Article 59, paragraph 1, letter c) of the Consumer Protection Act, the right of withdrawal does not apply to personalized or customized products based on special consumer requests (eg: unavailable size in stock, engravings, color customization or gemstone customization).
CONSUMERS LEGAL WARRANTY
Pursuant to Article 128 et seq. of the Consumers Code, Doralia is legally obliged to supply products that comply with the contract concluded between Doralia and the Consumer. Nothing in these General Terms and Conditions affects the legal rights of the Consumer provided for in the Consumer Code.
If the products do not conform to these terms and conditions (e.g. the Products received are defective or incorrectly described), the consumer first has the right to bring the Product into conformity by repair or replacement, at its discretion, free of charge. In the event of failure of any of the above remedies, the Consumer has the right to a reasonable reduction in price or rescission of the contract and a full refund of the price already paid.
The Consumer may, at its discretion, require Doralia to repair or replace the goods free of charge, unless the requested remedy is impossible or disproportionate, i.e. it imposes costs on Doralia that are unreasonable compared to the other remedy, taking into account: (a) the value that the Products would have if there were no lack of conformity; (b) the significance of the lack of conformity; and (c) whether the alternative remedy could be carried out without significant inconvenience to the Consumer.
In the event of failure of any of the remedies listed in Article 9.2, the consumer shall be entitled to a reasonable reduction in price or rescission of the contract and a full refund of the price paid.
The warranty period is twenty-six (26) months from the date of purchase of the Product. The Consumer must notify Doralia within two (2) months from the detection of the defect that the product is defective or incorrectly described, otherwise the Consumer will not be able to exercise his legal rights.
In any of the cases referred to in this Article, the Product must be returned in its original packaging with all packaging (boxes, protectors, etc.), enclosing the purchase invoice and the duly completed exchange form.
If the Product returned by the Consumer is damaged, incomplete, deteriorated, dirty or in any other condition that clearly indicates that the reported defect is not due to a lack of conformity with the contract, but to the fault of the Consumer, the product will not be replaced.
MARKETPLACE CONTENTS - INTELLECTUAL PROPERTY RIGHTS
Doralia Marketplace and its content, including but not limited to logos, trademarks, images, icons, graphics, photographs, illustrations, text, movies and audiovisual material in general, sounds, tracks and software, are owned by Doralia or its licensors.
The Doralia Marketplace and its contents are protected by national and international legislation on copyrights, trademarks, designs, software protection and domain names and/or all other intellectual property rights.
Consumers may not reproduce (except for personal use and within the limits set by applicable laws), publish, publicly communicate, transmit, perform, display, distribute, exhibit, remove, delete, add to, or otherwise modify the Doralia Marketplace and its Content, nor create and/or commercialize works inspired by or derived from them.
It is expressly prohibited to damage, disrupt or terminate access to the Marketplace and its content, or take any action that could alter functionality or prevent other Consumers from accessing the Marketplace or its content, as well as use the latter in an illegal manner or in a manner harmful to Doralia or other Consumers.
The Marketplace web pages may provide access to other web pages or resources on the Internet via special hypertext links. Doralia is not liable for the accessibility of third-party websites that can be reached through these links, nor for any damages that Consumers may incur in connection with the content or materials or services offered to them through third-party websites.
LIMITATION OF LIABILITY
The Consumer is obliged to make sure that the Products received correspond to the ones stated on the order sheet. If the Products delivered do not match the order, the Consumer must inform Doralia Customer Service and return the Products in question. In this case, the provisions of Article 9 of these General Terms and Conditions apply.
Doralia is not liable for the breach or partial breach of the obligations arising from the purchase agreement, which are solely attributable to the Producer.
To the extent permitted by applicable law, Doralia shall not be liable in any way for any damage or loss in connection with the Products or for the consequences resulting from the breach by the Producer of the obligations entered into with Doralia. The Consumer agrees to indemnify Doralia against any liability arising from the breach by the Consumer of these General Terms and Conditions or other legal provisions with which the Consumer must comply.
Doralia is not liable for the content of comments and/or reviews made by Consumers in forums or on platforms created by Doralia.
Doralia makes every effort to ensure that the content of the marketplace for which it is responsible is accurate and up-to-date. To the extent permitted by applicable law, Doralia provides no warranties, express and/or implied, with respect to the Marketplace and its Content, such as protection against malicious software (i.e. malware and/or viruses of any kind) or suspension or interruption of the server on which the Marketplace resides.
Any Content downloaded through the Marketplace is acquired at the Consumer's sole discretion and risk. The Consumer bears sole and exclusive responsibility for any damage to his or her computer or loss of data resulting from the download of such content or use of the Marketplace. To the extent permitted by applicable law, by using the Marketplace, the Consumer agrees to bear all risks associated with such use and to assume full responsibility for non-use, loss of data and/or costs resulting from support and/or repair of hardware or software used in connection with the Marketplace. Doralia cannot be held liable in any way for any damages resulting from the use of the Marketplace.
Nothing in these Terms and Conditions implies in any way that Doralia is obliged to carry out preventive monitoring of the stored and transmitted information or to actively search for facts or circumstances that indicate the existence of legally or contractually impermissible activities. In any case, Doralia is granted the rights and powers it has under applicable law.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Italy, without reference to its conflict of laws principles.
Any dispute arising in connection with these General Terms and Conditions shall be subject to the exclusive jurisdiction of the court in whose district the Consumer is domiciled or resident.
The Consumer may also request an out-of-court mechanism for resolving disputes related to these General Terms and Conditions with the competent bodies pursuant to Articles 141 - 141decies of the Consumers' Code. For example, the online dispute resolution platform of the European Commission is available at http://ec.europa.eu/odr, but Consumers are free to choose an alternative out-of-court mechanism.
Miscellany
Personal data: Doralia processes consumers' data in accordance with the applicable Privacy Policy and the Privacy Policy available at the following URL: https://www.doralia.com/about/privacy-policy.html.
Each provision of these General Terms and Conditions shall be treated separately and independently from the others. If any part or provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, such part or provision shall be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the validity of the remaining part of such provision or the remaining provisions of these Terms and Conditions.
Force Majeure: Neither Doralia nor the Consumer shall be deemed to be in non-compliance with these Terms and Conditions if any delay or failure in the performance of their respective obligations is due to an event beyond their control (known as a Force Majeure), provided that timely notice of the Force Majeure has been given and reasonable efforts have been made to mitigate the delay or failure.
Communication: Any questions and all notices to Doralia relating to these Terms and Conditions should be sent to the following email address: support@doralia.com / supporto@doraliaconsumatori.com or to the telephone number +39 0131 942410.
