ABOUT SILVIA KELLY AND OUR SALE TERMS
These Terms of Sale apply to any sale of Silvia Kelly’s products that can be ordered from our Entity Seller (as defined below), through the website https://www.shop.silviakelly.it – according to these Terms of Sale – or by phone, through our Customer Service.
The Selling Entity that will sell you the products is Silvia Kelly s.a.s. with registered office in Via Carlo Porta 25 – 23900 Lecco (LC) – ITALY.

The Selling Entity, in accordance with the Terms of Use, is responsible for the collection of information, according to the terms of the Privacy Policy. By submitting your order, you agree to our Terms of Use and to our Privacy Policy – whose terms are included in these Terms of Sale.

Please, read these Terms of Sale carefully and thoroughly. These Terms of Sale apply
to any order placed through the website or the customer service. Please note that before the
transmission of any order it will be required to accept these Terms of Sale. Non
acceptance of these Terms of Sale makes it impossible to order products. The sales
concluded at physical sale points (at our retail dealers) or at third parties (authorized dealers) are not subject to these Terms of Sale.

UPDATES OF THESE TERMS OF SALE

WHO IS ENTITLED TO PLACE ORDERS
Orders can be placed only by individuals (or non-legal entities) who:

  1. Have reached the age of majority required to enter into contracts (18 years, in most countries).
  2. Have the legal capacity to enter into contracts.
  3. Provide a shipping address outside of Italy.

Unless otherwise specified, minors do not have the right to legitimately enter into a contract. They are required to do it via their parents or legal guardian, who will be required to accept these Terms of Sale and transmit the order in their own name.

By submitting an order through the website, the user declares and guarantees to be a customer in good faith who buys for his own personal use or that of another person who will not deliver, sell or distribute our products or purchase our products for commercial purposes .

PRODUCT QUANTITIES & AVAILABILITY

Quantity limits can be applied to orders for certain products. We reserve the right to refuse orders above a certain number of authorized products at any time without notice.

GUEST & REGISTERED USER
To place an order, you can register and create an online account. Alternatively, you can place an order as a guest – without creating an online account. However, we recommend registering so that you can monitor the status of your order and for an easier management of any subsequent order.
ORDER PLACEMENT PROCEDURE
The Website Order Procedure includes the following:

  • ADD TO CART – After choosing a product it is possible to add it to the cart. You may then decide to continue purchasing other products and add them to the cart, as well – provided they are available and according to quantity limits.Adding a product to the cart doesn’t mean that it is actually available. The availability of a product is communicated in writing within our confirmation of both the order and the shipment
  • ORDER – After you have added the items of your choice to the cart, you can proceed with the order – either as Guest or Registered User. Before checking out, you are still able to remove one or more of the selected products from the cart.
  • ORDER REVIEW, PAYMENT AND DELIVERY – During the order process, it is possible to review the details about personal information – including email, shipping addrss, billing address and payment. Please, carefully check and confirm all the details in the order summary page before checking out.

At our discretion, we reserve the right to refuse, cancel or cease orders at any time for reasonable reasons – e.g., if there is an ongoing dispute over the payment of a previous order or in the event of suspicion, in our sole discretion, of:

  1. Fraudulent activity
  2. Any violation of these Terms of Sale.

PRICES, TAXES AND SHIPPING COSTS.
The prices indicated on the product pages or transmitted by customer service, the shipping costs and other taxes, unless otherwise indicated.
The currency applied is the euro and will be indicated in your shopping cart before sending the order. Confirmation to check prices carefully.
Sales taxes or any other taxes may vary depending on the location to which the products will be shipped, if the purchase was made from a location where the customs duties were not payable in advance by us, we will contact you to ask you to reconfirm the ‘order.
The costs will be summarized in the correspondence by e-mail that will follow the online purchase.
We reserve the right to change prices and shipping costs at any time without notice.

With reasonable diligence, we make sure that the prices of the products and the shipping costs are correctly entered into the system and communicated to the Customer Service. However, it is always possible that – despite the reasonable efforts we have made – either prices or delivery costs might be incorrect.

In the event of an error, we will contact you as soon as possible to inform you of the mistake. If we are unable to contact you using the contact details you provided during the order process, we will cancel your order and send you a written notification. In the event of incorrect acceptance or processing of the order, or errors in delivery costs, we can cancel the delivery of the product and refund the payments.

Please note that the changes made to the law in force between the date of transmission of the order and the date of communicating in writing the order and shipment confirmation may lead to changes in the taxes associated with the order itself. If the resulting change generates an increase in the fees charged, we will contact you to ask you to reconfirm the order.

PAYMENTS
Accepted payment methods are shown in the order procedure when ckecking out. iDepending on the method of payment, we may request additional information – including specific forms of identification.

When ordering on the Website, it is necessary to enter the payment details in the appropriate form. In the case of a telephone order, full payment details must be communicated to the Customer Service.

All payment card holders are subject to validation check and authorization from the card issuer. If the card issuer refuses to authorize the payment, you will have to contact the card issuer directly to resolve the issue. Other payment methods may also be subject to validation and authorization checks by the payment system providers.

You expressly authorize us to perform security checks, if we deem it necessary, to transmit or to obtain information (including updated information) about you or third parties, for any reason. Those include – but without limitation – payment card data, for the authentication of the identity, the validation of the payment card, to get an initial authorization for the payment card and to authorize the individual purchase operations.

When using a credit card / debit card, PayPal, Stripe as a payment method, the entire amount of the purchase can be withdrawn immediately after the order has been created. The advance payment will not affect in any way the rights due to the buyer pursuant to these conditions of sale (including any right to reimbursement).

When the order is shipped, an Order & Shipping Confirmation will be sent.

We do not charge bank transfer fees for orders placed through our Website or the Customer Service. However, some financial institutions may charge a bank transfer fee. We ask for confirmation of all bank transfer orders sent by telephone through an Order Approval process.

We can recognize a bank transfer order, however the order will not be processed until the payment has been received and confirmed by e-mail. If the payment of the transfer is not credited to our bank account within seven (7) days of the transmission of the order, it will be canceled.

RECOGNITION OF THE ORDER
Once the order has been placed through our Website, you will receive an order confirmation by email, confirming the order details together with an Order Reference Number. Make sure to keep the reference number for any future request  concerning the order.

Recognition of the order does not constitute acceptance of the order itself. Before confirming the order, we will proceed to the usual anti-fraud, security, credit and legal checks. If compliant, we will process the order.

Following receipt of the Order Recognition, it is your responsibility to review it and confirm compliance with the order placed. In case of questions or doubts or if the recognition of the order does not reflect the order you placed, please contact the Customer Service without delay.

SHIPPING POLICY
We do not ship to Italy. We only accept orders for deliveries in the Country or Countries identified during the order procedure.

Please. note that we do not ship to certain addresses: military areas, restricted areas, withdrawal points, or mailboxes.

For more information, please contact our Customer Service: customer.care@silviakelly.it

ORDER CONFIRMATION AND SHIPMENT
When shipping the order, you will receive a confirmation of the order and of the shipment in writing by e-mail. Confirmation of the order and shipment constitutes acceptance of the order by us and indicates the existence of a binding sales contract.
DELIVERY

When proceeding with the estimate of delivery times, please allow us time for credit approval, address verification, security checks and order processing. Please, note that delivery is always subject to receipt of full payment.

To confirm the delivery of a product, we require a handwritten or electronic signature of a person or a person at the delivery address indicated (unless otherwise specified by you), which transfers the risk and liability of the goods purchased to you.

In the case of specifying a recipient other than you for the purpose of delivery (in the case, for example, of a gift), it is understood and accepted that proof of a signature of said recipient (or of a person at the delivery address ) constitutes proof of delivery, of the fulfillment of the sales contract by Silvia Kelly of the transfer of responsibility to the recipient in the same way as the delivery of the product to you.

At the time of delivery, for certain products we reserve the right to deliver the products only to the person receiving the order indicated on the package label and to request identity verification for verification purposes. For further information, please contact our Customer Service.

BILLING
When ordering products through our Website, you will receive an invoice that will be sent within the shipment.
GOODS RETURNS, REFUNDS & EXCHANGES

  1. RIGHT TO CANCEL – You have the right to cancel the contract stipulated by written confirmation of the order without giving any reason within fourteen (14) days from the day of purchase. To cancel the contract and return the products, you can contact our Customer Service and proceed as indicated. Alternatively, you can proceed in writing by sending us an unequivocal declaration – such as a letter or an email – to: Silvia Kelly sas Via Carlo Porta 25, 23900 Lecco (LC) – ITALY, or customer.care@silviakelly.it .
  2. RETURN PROCEDURE – Products purchased through the Website can only be returned to Silvia Kelly s.a.s. 25, Via Carlo Porta – 23900 Lecco (LC) – ITALY.
    To return a product it is necessary to follow the steps below:

      • Call the Customer Service and agree on a pick-up date with our logistics partner. At this stage, you may be asked to provide information on the product to make an initial assessment of the condition of the product itself.
      • Fill-in and sign the Return Form that Customer Service will send you via email
      • Prepare the return package that must contain: the return form, the products to be returned with all the accessories, the free items received with the order, the guarantee card and any other documents in their respective original packaging.
      • Please seal the return package.
      • On the agreed date, our logistics partner will bring you a prepaid air waybill and pick up the sealed package.
        Keep a proof of the shipment of the return package; we do not take responsibility if this proof cannot be shown. Only the goods received at our office can be accepted for a refund or exchange.
      • On the agreed date, our logistics partner will bring you a prepaid air waybill and pick up the sealed package.

Keep a proof of the shipment of the return package; we do not take responsibility if this proof cannot be shown. Only the goods received at our office can be accepted for a refund or exchange.

    1. CONDITIONS OF THE RETURNED PRODUCTS – We will verify that the returned product meets the conditions of the Return and Exchange Policy and, in the event of conformity, we will proceed with the refund or exchange due.
      The products must be returned unused and in perfect condition, with all the protective materials, labels and stickers attached (if any) and inside the original Silvia Kelly packaging inside the return package, with all the accessories and documents. We reserve the right not to accept returns if the product shows signs of wear or has been used or altered from the original condition in any way or, alternatively, to scale the refund amount or the exchange value. In case the order included free items, these must be returned with the products.
      Any return will be subject to rigorous Quality Controls (QC), carried out by us to ensure the conformity of the returned products with these requirements. If the products do not meet the QC standards, the return will not be accepted and the products will be sent back to you. If the returned products fulfill QC, we will proceed with the refund or with the expected exchange.
      Failure to comply with these Terms of Sale will authorize us to refuse the returned product and to send them back to you it and the costs will be at your charge.
    2. NON RETURNABLE OR EXCHANGEABLE PRODUCT – Orders for products customized in any way or made differently from the specifications cannot be canceled. These products cannot be returned for neither exchanges, nor refunds. That includes engraved products of any kind.
    3. REFUNDS – It is possible to return a product purchased through the site for the purpose of refund, provided that the return complies with these Terms of Sale, in particular with the Right to cancel and Return procedure above.
      Only the buyer will be entitled to receive a refund of the price paid. In no case will a person who has received the product as a gift (i.e., the “recipient of the gift”) be entitled to a refund.
      If the return complies with these Terms of Sale, we will make all reasonable efforts to refund the purchase price to the buyer by the same means of payment used by the buyer for the initial transaction within fourteen (14) days of receipt of the returned item. As reported in paragraph (8) Return costs, the initial shipping costs will be reimbursed, except in the case where a non-standard delivery option was originally chosen, in which case the additional costs will not be refundable.
    4. EXCHANGE OF GOODS – It is possible to return a product purchased through the Website in order to be exchanged with another Silvia Kelly product, provided that the exchange complies with these Terms of Sale, in particular with the Right to cancel and the Return procedure referred to above.
      In any case, the sale of the returned product will be canceled and a new order must be sent for the new product.
      If a product is returned to Silvia Kelly for an exchange with a cheaper product, only the buyer of the returned product will be entitled to receive a refund equal to the difference in price.
      If a product is returned for exchange with a more expensive product, the difference in price will have to be paid.
    5. RETURN CHARGES –

EU Returns – SilviaKelly will bear the costs of any returns from countries belonging to the European Union.
Returns outside the EU – The costs of any returns from countries outside the European Union will be borne by the buyer. The return costs – including VAT and duties, if due – will be deducted from the amount to be refunded to the customer, unless he/she proves a lack of conformity to be manifested within two months of delivery of the goods. Any expenses related to the repair or return of the goods must be authorized in advance.

MANUFACTURER WARRANTY AND CONSUMER LEGAL RIGHTS
We are committed to ensuring that each product strictly respects our quality standards and that it has passed all technical and aesthetic checks.

The selected products are covered by the Silvia Kelly guarantee. If you wish to repair a product covered by the warranty, please contact our Customer Service for further information.

As a consumer, you may enjoy legal rights in accordance with the applicable law for the sale of consumer goods; these legal rights are not affected by these Terms of Sale or by the Silvia Kelly warranty.

ADDITIONAL SERVICES
a) Gift card and packaging

Orders will be shipped in the Silvia Kelly gift box in special packages, together with a shopping bag – when applicable..

b) Engravings
Engravings can be made for specific products. If you wish to request an engraving, please contact our Customer Service with details.

Orders for Silvia Kelly customized products cannot be canceled nor returned to Silvia Kelly for exchange or refund purposes.

REPAIRS
For repair requests relating to a product ordered through the Website, please contact our Customer Service: customer.care@silviakelly.it
PRODUCT DESCRIPTION
We aim to ensure that the information about the product descriptions, dimensions and colours on our Website, advertisements, catalogues, and provided by our Customer Service is accurate and complete.

However, we make no warranties, explicit or implied, in relation to the accuracy, reliability and completeness of that information.

In particular, any description or indication regarding the weight of precious materials and the number of stones and carats are provided in an indicative way and may vary slightly.

LIABILITY LIMITATION

To the maximum extent permitted by applicable law, we do not explicitly recognize and exclude any warranties, conditions and terms, whether explicit or provided for by the statute, by customary law or otherwise, regarding the products and the site or its content.

Nothing in these Terms of Sale limits or excludes our liability for any other liability that cannot be excluded or limited under applicable law. Without prejudice to the provisions of the previous sentence, our aggregate liability to you, pursuant to these Terms of Sale, does not provide for a contractual or civil liability (including negligence), or of any other nature, even where we have been informed of the possibility that the damages will in no case exceed one percent of the price of the product (s) of the order.

Please note that in some jurisdictions consumer protection laws may not allow exclusions or limitations of warranties or liabilities and as a result some of the exclusions and limitations mentioned above may not apply.

GENERAL PROVISIONS

This contract is concluded between you and us. No other person will enjoy the right to enforce any of the terms of the aforementioned contract. However, if you purchase a product as a gift, the recipient of the gift will have the benefit of the Silvia Kelly guarantee.

CURRENT LAW AND JURISDICTION
These Terms of Sale are governed and interpreted in accordance with the laws of the country in which the Selling Entity has its registered office, without reference to provisions relating to conflict of laws (“applicable laws”).

Any disputes or requests concerning these Terms of Sale, including its existence, validity or conclusion, which cannot be settled amicably between the parties, will be referred to arbitration pursuant to these Terms of Sale.

Action against the contractual counterparty can only be brought before the Italian courts. The action against the consumers can also be brought by us before the courts of the state where they are domiciled.

Without prejudice to the right to lodge a complaint before a court, you and Silvia Kelly will first make all reasonable efforts for a period of thirty (30) days in order to reach an amicable settlement of the dispute or any failure to derive or pertain to the product, the Terms of Sale or any violation.

Consumers residing in the European Union have the right to lodge a complaint with an alternative dispute resolution body. For a list of ADR entities in your country, consult the European Online Dispute Resolution platform (ODR platform).

CONTACTS
For any question or general comments regarding these Terms of Sale, please contact us at the following address:
Silvia Kelly s.a.s. – Customer Care
25, Via Carlo Porta
23900 – Lecco (LC) – Italy
Email: customer.care@silviakelly.it
Phone: (+39) 0341 284387