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: € 10.000,00, and the Consumers, as defined below.
The Marketplace is an innovative digital platform with advanced technological content where Italian goldsmiths have the opportunity to display to Consumers the goldsmith tradition that characterizes Made in Italy and offer for sale their Products, unique and inimitable jewellery that emphasizes the story of each Product, using new methods to reach Customers in the targeted Countries.
These Terms and Conditions regulate the relationship between Doralia and its Consumers and are considered accepted and in force at the time of registration by the Consumer on the Marketplace. The Terms and Conditions describe Consumer’s access to and use of the Marketplace and detail the functionalities offered therein.
By registering on the Marketplace, the Consumer declares under its sole responsibility to have read and understood these Terms and Conditions and fully accepts these provisions without reservation. The full acceptance of these Terms and Conditions is a necessary condition for use of the Marketplace. If the Consumer does not intend to accept these Terms and Conditions, he/she shall immediately stop the website navigation and decline to register.
Doralia reserves the right, at its sole discretion, to amend, modify or replace any part of these Terms and Conditions by updating the Consumer with an email sent to the email address indicated by the Consumer at the time of his/her registration. The email will guide the Consumer to a special link on the home-page of the Marketplace. The Consumer must click on the link and accept the new Terms and Conditions before access to and use of the Marketplace is permitted. The most updated version of the Terms and Conditions in printable form will be available to the Consumer at the “Terms and Conditions” hypertext link accessible through the main menu of the Marketplace.
“Consumer”: means a natural person, having his/her domicile or residence in a Country, who registers on Doralia Marketplace to purchase or consider purchasing available Products for personal purposes, other than entrepreneurial, business, craft, or professional purposes.
“Consumer Code”: means the Italian Legislative Decree no. 206 of 6 September 2005, as amended.
“Content”: means any information and/or data contained in 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: Austria, Belgium, Cyprus, Denmark, Estonia, Finland, Wales, Germany, England, Ireland, Northern Ireland, Malta, Norway, Holland, Poland, Romania, Scotland, Slovenia, Sweden, Hungary.
“Product”: means every article of jewellery offered by Producers for sale on the Marketplace.
“Personalized Products”: means articles of jewellery made by Producers following the specific order request of Consumers.
“Producer”: means a natural or legal person established or resident in the territory of the Italian Republic who operates in the exercise of his/her/its entrepreneurial, business, craft or professional activity, or an intermediary who offers, advertises and sells his/her/its own Products on the Marketplace.
“Technical Datasheet”: means the information sheet for each Product, including the 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 guide Consumer’s use of the Marketplace, together with any other document referred to therein. In these Terms and Conditions, unless the context otherwise requires, words mentioned in the
singular shall include the plural and vice versa.
CONSUMER’S REGISTRATION PROCESS
To access and use the Marketplace, the Consumer shall register and create an account. Registration is exclusively reserved for adults legally capable of signing a contract. It is forbidden to register using a false identity or contact information.
The Consumer shall complete the registration form by indicating his/her personal data, specifically a username, password and email address. Furthermore, the Consumer shall expressly accept these Terms and Conditions to complete the registration process.
At the end of the registration process, an automatic email will be sent to the Consumer to the email address indicated during the registration that contains a link to confirm the Consumer’s registration and account credentials. Once the registration is successfully completed, the Consumer can use
the functionalities of Doralia Marketplace.
FUNCTIONING OF THE MARKETPLACE AND SPECIFIC CONSUMER OBLIGATIONS
By surfing on the Marketplace, the Consumer can consult the Technical Datasheets related to each Product. The Technical Datasheet specifies for each Product: name and reference code, a brief description, the story, the price including VAT (if applicable), the stock availability, the days necessary to produce the Product in the event it is not available (in any case, not exceeding 21 days), photos of the Product and any additional information that the Producer wishes to share with Consumers.
The price of the Products (which includes VAT) is indicated both in the Technical Datasheet and on the order pages when Consumers place orders. Doralia takes reasonable care to ensure the correctness of the price of the Products. However, Consumer acknowledges that despite Doralia’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to typographical error or similar oversight.
Consumers have the possibility to ask that a Product might be personalized (e.g. by engraving the Consumer’s initials on the Product) or tailored (e.g. by adding gold/silver to change ring size). This service should be required at the moment of the order and it will charged separately.
Doralia will normally check prices before accepting Consumer’s order so that:
where a Product’s correct price on the date of Consumer’s order is less than the price stated on the Technical Datasheet, Doralia will charge the lower amount for such Products;
where a Product’s correct price on the date of Consumer’s order is higher than the price stated on the Technical Datasheet, Doralia will contact Consumer for his/her instructions before accepting the order. If Consumer instructs by notice in writing that he/she does not wish to proceed with the order, the order will be cancelled without charge.
The Consumer may purchase up to a maximum of 5 (five) units of the same Product, unless the case in which the availability of the Product is lower (by way of example, but not limited to, the case of unique items).
The Consumer who intends to purchase a Product on the Marketplace shall use the “BUY NOW” button included in the Technical Datasheet and the Product will be temporarily added in the shopping bag. To complete the order, the Consumer shall pay as specified in Article 5. The purchase shall be considered completed when the Consumer receives from Doralia the relevant 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 bank holidays in Italy.
Doralia reserves the right to evaluate the acceptance of purchase orders received. In addition to the circumstance described in article 4.3.2 , Doralia will refuse orders only when the Product is not available anymore. In this event, Doralia will inform the Consumer if it is impossible to accept the purchase within 30 (thirty) days from the day on which the Consumer concluded the purchase.
In the case of a rejected order, Doralia will refund any amounts already paid by the Consumer in relation to the aforementioned purchase.
Doralia reserves the right to control the Products’ quality, using its own trusted laboratories equipped with every system and specific equipment for the Products’ quality control, before delivering the Products to the Consumer.
Within six (6) business day from the receipt of the email confirming the purchase, the Producer shall send the Product to Doralia.
After receiving the Product from the Producer and performing the quality controls according to article 4.2 , Doralia will take care of packaging the Product and will deliver the Product to the Consumer on behalf of the Producer.
The Consumer shall pay only the delivery costs as set forth in article 6.2 . The shipment of the Product from the Producer to Doralia and from Doralia to the Consumer is subject to appropriate insurance coverage, already included in the delivery costs.
The Technical Datasheet specifies each Product’s price, expressed in Euro. Product payment is made in full by the Consumer at the time of purchase, by credit card or one of the other accepted method of payment, as described in article 5.2.
Consumer can pay with a credit card issued in Italy, specifically Visa and Mastercard. American Express is not accepted. In addition, payment can be made by PayPal or Nexi.
For the purposes of the payment, the Consumer must confirm to Doralia that he/she is the holder of the indicated credit card and that the name indicated on the card is his/her name. The Consumer communicates on the site itself the card number, the expiry date and the security code.
To prevent Internet fraud, payments made through the website www.doralia.com are managed on the network of the bank concerned through the tools offered by [•]. This company is responsible for the storage and automatic processing, in a secure environment, of information related to each order, including credit card details.
In the event that, for any reason, the debit of the amounts due by the Consumer does not occur, the sale process is automatically halted and the sale will be cancelled.
Doralia will notify each Consumer that Products ordered will be delivered to the address indicated by the Consumer at the moment of the purchase, and only after the confirmation of the related order’s payment. Doralia shall execute the order of the Product no later than 30 days from the date of the purchase’s confirmation, unless Doralia communicates - within the same deadline - the non - acceptance of the order pursuant to Article 3.5.
The delivery shall be made through DHL or Ferrari shipping service. The Consumer will have the opportunity to choose between the following methods of delivery:
express service (free): if the Consumer makes a purchase for an amount equal to or greater than EUR 500 (five hundred/00), the shipping costs shall be borne by Doralia. Delivery will be between 9:00 am and 6:00 pm from Monday to Friday (delivery within [•] working days;
express service (for charge): if the Consumer makes a purchase for an amount less than EUR 500 (five hundred / 00), the shipping costs amounting to EUR 35 (thirty five/00), will be charged to the Consumer. Delivery will be between 9:00 am and 6:00 pm from Monday to Friday (delivery within [•] business days).
The Product delivery date indicated shall be considered as an estimate and in no case shall Doralia be held liable for any delays in delivery caused by the shipping service. The shipping costs shall not be refunded even in the event of Consumer’s withdrawal of the Product order.
The Consumer shall be informed by email of the expected delivery date as well as the name and contact details of the carrier appointed by Doralia for delivery. The Consumer shall contact the carrier to request a different delivery date.
Each Consumer, with the acceptance of these Terms and Conditions, agrees to comply with thefollowing rules:
use Doralia Marketplace in compliance with applicable legislation;
diligently protect the credentials he/she uses to access his/her account on the Marketplace, the security of which the Consumer is solely responsible. Should the Consumer suspect that unauthorized access to his/her account has been made by third parties, the Consumer is requested to immediately contact Doralia and to change his/her password as soon as possible. Doralia has no liability for any damages resulting from the non-diligent custody of the credentials used by the Consumer to access his/her account on the Marketplace;
do not provide false personal data and do not create accounts on behalf of third parties. Each Consumer can create only one account. Should Doralia disable an account in the event of violation of these Terms and Conditions, the Consumer agrees not to register any other account; do not use the internal messaging and communication systems available on the Marketplace to send unsolicited communications, spam, threats, inappropriate content or to carry out illegal activities;
do not damage, interfere or discontinue access of third parties or other Consumers to the Marketplace and its related content, or take actions that could alter the functionality or interfere with access by other Consumers to the Marketplace and to its related contents; do not use the Marketplace in an illegal or harmful way for Doralia, for any other Consumer of the Marketplace or for any other third party.
It is expressly forbidden to promote or incite, in any way and in any form, one or more prohibited acts and activities listed in Articles 7.1.1. through 7.1.6..
Doralia may, in its sole discretion, restrict the use, suspend, or terminate the account of any Consumer who abuses or misuses the Marketplace. The account’s closure will restrict the Consumer from using the functionalities offered by the Marketplace.
RIGHT OF WITHDRAWAL
Doralia acknowledges that Consumers not satisfied with the Products received, except for the cases
provided for by Article 59 of the Consumer Code, may exercise their right of withdrawal provided for by Articles 52-58 of the Consumer Code.
The Consumer may exercise the right of withdrawal by communicating to Doralia, within 14 (fourteen) days from receipt of the Product, his/her intention to withdraw from the purchase contract and to return the Product to Doralia.
To exercise his/her right of withdrawal, the Consumer must communicate his/her intention by sending:
an e-mail to the following address: [•SUPPORT@DORALIA.COM];
(ii) a registered letter to Doralia, signed by the Consumer, containing the declaration of withdrawal, the Consumer’s data, and the Product concerned. The Consumer may use the standard form available at the end of these Terms and Conditions (Attachment A), which shall be printed, completed, and sent to the following address [•DORALIA ITALIA SRL - CORSO MATTEOTTI 75 - 15048 - VALENZA (AL)].
If the Consumer exercises the right of withdrawal, he/she shall send the Product by mail or courier within 14 days from the date on which he/she communicated the withdrawal to Doralia. The product shall be sent to the following address: [•]DORALIA ITALIA SRL - CORSO MATTEOTTI 75 - 15048 - VALENZA (AL).
In the case of withdrawal pursuant to Article 8.4 , the Product shall be returned by registered and insured mail, complete with all original packaging (boxes, accessories, tags, protections, etc.) together with the carefully completed delivery note and a copy of the bill.
The Consumer retains the burden of proof related to his/her exercise of the right of withdrawal. The Consumer shall also be responsible for the prompt return of the Product.
In case of withdrawal, all costs incurred for the return of the purchased Product/s shall be borne by the Consumer.
The reimbursement of the price will be made through the same payment method adopted by the Consumer. The refund shall not result in any cost for the Consumer.
In any case, the Consumer is responsible for the loss in the value of the Products due to manipulation other than that strictly necessary to evaluate their nature, characteristics and effective functioning.
If the Product returned by the Consumer is damaged, incomplete, dirty, or in any other state that unequivocally indicates that the Product has been used in such a way as to compromise its substantial integrity, the Product shall not be replaced.
Failure to return the Product pursuant to Article 8.5 and within fourteen (14) days starting from the communication date shall be considered by Doralia as the Consumer’s revocation of the withdrawal declaration. Therefore the Consumer shall retain the purchased Product and Doralia shall not be bound to make any refund.
According to Section 59, Paragraph 1, let. c) of the Consumers’ Code, the right of withdrawal shall not be available for personalized or tailored Products based upon specific Consumer requests.
CONSUMERS LEGAL WARRANTY
According to Section 128 et seq. of the Consumers Code, Doralia is under a legal duty to supply products that are in conformity with the contract executed between Doralia and the Consumer. Nothing in these Terms and Conditions will affect Consumers’ legal rights provided by the Consumers Code.
In case of lack of conformity of the Products to these Terms and Conditions (e.g. the received Products are faulty or misdescribed), Consumers have firstly the right to have the Product brought into conformity free of charge by repair or replacement, at his discretion. In case of failure of one of the remedies above, the Consumer has the right to have an appropriate reduction made in the price, or the contract cancelled, and a total refund of the price already paid.
At his discretion, the Consumer may request Doralia to repair or replace the goods, free of charge in either case, unless the remedy requested is impossible or disproportionate, meaning that it imposes costs on Doralia which, in comparison with the other remedy, are unreasonable, taking into account: (a) the value 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 completed without significant inconvenience to the Consumer.
In case of failure of one of the remedies listed in Article 9.2 , Consumers have the right to have an appropriate reduction made in the price, or the contract cancelled, and a total refund of the price paid.
The warranty period lasts twenty-six (26) months from the date of the purchase of the Product. Consumer shall notify Doralia that the Product is faulty or misdescribed within two (2) months from the detection of the defect, otherwise Consumer should not be entitled to exercise his legal rights.
In either case referred in this Article, the Product shall be returned in its original packaging, complete with all the packaging (boxes, protections, etc.) and shall be accompanied by the purchase bill and the duly completed exchange form.
If the Product returned by the Consumer is damaged, incomplete, deteriorated, dirty or in any other state that unequivocally indicates that the notified defect is not a lack of conformity, but it is due to the Consumer, the Product shall not be replaced.
MARKETPLACE CONTENTS – INTELLECTUAL PROPERTY RIGHTS
Doralia Marketplace and its Contents including, but not limited to, logos, brands, images, icons, graphics, photographs, illustrations, texts, films and audio-visual material in general, sounds, tracks, and software, are owned by Doralia or by its licensors.
Doralia Marketplace and its Contents are protected by national and international legislation on copyright, trademarks, designs, software protection and domain names and/or all other intellectual property rights.
Consumers shall not reproduce (except for purposes related to personal use and within the limits established by applicable laws), publish, communicate to the public by any means, transmit, perform, represent, distribute, display, remove, delete, add or otherwise modify Doralia Marketplace or its Contents, nor create and/or commercialize works inspired or derived from them.
It is expressly forbidden to damage, interfere or terminate access to the Marketplace and its contents, or take any action that could alter functionality or prevent other Consumers to access the Marketplace or its Contents, as well as using the latter in an illegal or harmful manner to Doralia or any other Consumer.
The web pages of the Marketplace may allow access, through dedicated hypertext links, to other websites or resources on the Internet. Doralia shall not be held liable for the accessibility of third - party websites connected through these links, nor for any damages that may arise to Consumers in relation to the contents or materials or services offered to them through third-party websites.
LIMITATION OF LIABILITY
Consumers are required to verify that the Products received correspond to those of the orders placed. In the event that the delivered Products do not comply with the order, the Consumer shall inform Doralia Customer Service and return the Products in question. In this case, the provisions of Article 9 of these Terms and Conditions shall apply.
Doralia shall not be held liable for any breach or partial breach of the obligations related to the sale contract imputable solely to the Producer.
To the maximum extent allowed by the applicable law, Doralia shall not be held liable in any way for damages or losses related to the Products, nor for the consequences arising from the violation by Producers of the obligations undertaken with Doralia. The Consumer undertakes to indemnify and hold harmless Doralia from any and all liability arising from the violation by the Consumer himself/herself of these Terms and Conditions or other legal provisions, with which the Consumer must comply.
Doralia shall not be held liable for the content of comments and/or reviews made by Consumers, either on forums or on platforms created by Doralia.
Doralia shall make every effort to ensure that the Contents of the Marketplace, under its responsibility, are accurate and updated. To the maximum extent allowed by the applicable law, Doralia shall not provide any guarantee, explicit and/or implicit, in relation to the Marketplace and its Contents, such as protection from malicious software (i.e. malware and/or viruses of any kind), or suspension or interruption of the server hosting the Marketplace.
Any Content downloaded through the Marketplace is obtained at the sole and exclusive discretion and risk of the Consumer. The Consumer has sole and exclusive responsibility for any damage to his/her computer or for the loss of data arising from the download of such Contents or for having used the Marketplace. To the maximum extent allowed by the applicable law, through the use of the Marketplace, the Consumer agrees to bear all the risks associated with such use and to take full responsibility for any non-use, loss of data and/or costs resulting from any assistance and/or repair of the hardware or software used in connection with the Marketplace. Doralia shall not be held liable in any way for any damage caused by the use of the Marketplace.
Nothing in these Terms and Conditions implies in any way that Doralia undertakes an obligation to perform a preventive surveillance activity on the information it stores and transmits, nor to actively seek facts or circumstances that indicate the presence of activities legally or contractually illicit. In any case, the rights and the faculties recognized to Doralia in accordance with the applicable law shall be granted.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are construed and governed by the laws of the Republic of Italy, without reference to principles of conflict of laws.
Disputes arising in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Court where the Consumer has his/her residence or is domiciled.
Consumers may also apply for an out-of-court mechanism to solve any lawsuit relating to these Terms and Conditions with the competent bodies, in accordance with Sections 141 – 141decies of the Consumers’ Code. By way of example, the European Commission’s Online Dispute Resolution Platform is available at http://ec.europa.eu/odr, but Consumers are free to choose an alternative out-of-court mechanism.
Each provision of these Terms and Conditions shall be treated separately and independently from the others. If any part or any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, that part or provision should be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the validity of the remaining part of said provision or the remaining provisions of these Terms and Conditions.
Force majeure. Neither Doralia nor the Consumer shall be considered non-compliant to these Terms and Conditions if a delay or a failure to perform their respective obligations results from any event beyond their reasonable control (so-called force majeure), providing that the force majeure has been timely communicated and that reasonable efforts have been made to reduce delay or non-compliance.
Communications. Possible issues and all communications addressed to Doralia relating to these Terms and Conditions, shall be sent to the following email: email@example.com or to: firstname.lastname@example.org or to the phone number 0131 942410.