THIS ENGLISH TRANSLATION IS PROVIDED FOR INFORMATION AND READING CONVENIENCE FOR INTERNATIONAL USERS ONLY. THESE GENERAL TERMS AND CONDITIONS OF SALE WERE ORIGINALLY DRAFTED IN ITALIAN. IN THE EVENT OF ANY DISCREPANCY, INCONSISTENCY OR DIFFERENCE IN INTERPRETATION BETWEEN THE ENGLISH TRANSLATION AND THE ORIGINAL ITALIAN VERSION, THE ORIGINAL ITALIAN VERSION SHALL PREVAIL, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

GENERAL TERMS AND CONDITIONS OF SALE

FOR THE DISTANCE PURCHASE OF PRODUCTS FROM WWW.DYADEMA.IT

ART. 1 – IDENTIFICATION OF THE SELLER

Dyadema S.r.l. is a company with registered office at Via Dell’Artigianato, 14, San Zenone degli Ezzelini, 31020 (TV), Italy, VAT No. IT04677270268, whose contact details are info@dyadema.it, Tel. +39 0423 969754, www.dyadema.it.

Dyadema owns and operates the e-commerce website available at www.dyadema.it, through which it sells jewellery, fashion jewellery and accessories made of gold, silver and other precious materials. These General Terms and Conditions of Sale apply exclusively to distance purchases made by Consumers through www.dyadema.it. Markdown incollato

ART. 2 – DEFINITIONS

For the purposes of these General Terms and Conditions of Sale (hereinafter the “GTCS”), the following definitions shall apply:

• “Website”: www.dyadema.it and any related subdomain;
• “Consumer”: any natural person purchasing Products for purposes unrelated to their business, commercial, craft or professional activity;
• “Customer”: Consumer;
• “Seller”: Dyadema S.r.l.;
• “Product(s)”: jewellery, fashion jewellery and accessories made of gold, silver and other precious materials, and related items available in the online catalogue published on the Website;
• “Product Pages”: the aesthetic and technical description of the Products;
• “Order”: the purchase proposal submitted by the Customer to Dyadema through the Website;
• “Order Receipt Confirmation”: the communication by which Dyadema informs the Customer that it has received the purchase proposal submitted by the Customer, which does not constitute acceptance of such purchase proposal;
• “Order Confirmation”: the communication by which Dyadema accepts the purchase proposal submitted by the Customer;
• “Contract”: the sales contract concluded between Dyadema and the Customer following confirmation of the Order;
• “Parties”: Dyadema and the Customer jointly;
• “GDPR”: Regulation (EU) 2016/679 on the protection of personal data;
• “Business Day”: Monday, Tuesday, Wednesday, Thursday and Friday, excluding public holidays. Markdown incollato

ART. 3 – CONCLUSION OF THE CONTRACT

Pre-contractual information is provided in these GTCS, on each Product Page and on the checkout summary page. To place an Order, the Customer must provide their name and address, telephone number, email address, payment details and any other requested information; provide a valid delivery address, since deliveries are made by courier and therefore require the signature of a natural person upon delivery; accept these Terms and Conditions of Sale; and accept the Privacy Policy.

The distance sales contract governed by these GTCS and concluded through the Website constitutes an electronic contract pursuant to Italian Legislative Decree 70/2003 (e-commerce), Italian Legislative Decree 206/2005 (Consumer Code) for Consumers, and Article 1326 et seq. of the Italian Civil Code.

The Contract is concluded according to the “offer-acceptance” model: the Order constitutes the Customer’s irrevocable contractual offer, which will be followed by an Order Receipt Confirmation email and subsequently by an Order Confirmation email sent by Dyadema. Only the latter constitutes acceptance communicated to the offeror.

The Contract between Dyadema S.r.l. and the Customer shall be deemed concluded upon acceptance, including partial acceptance, of the purchase Order by Dyadema. Such acceptance shall take place through Dyadema sending, to the email address provided by the Customer, an Order Confirmation summarising the Order and containing the Order Number already indicated in the Order Receipt Confirmation email, which must be used in all communications with Dyadema.

During checkout, the Customer will be required to accept these General Terms and Conditions by ticking the appropriate box. The Order Confirmation will be sent within 48 hours of receipt of the Order.

Where payment is made by bank transfer, the Order will be processed only once payment has actually been received.

Where the Order concerns personalised Products, Dyadema reserves the right, even after having issued the Order Confirmation, to verify whether the requested personalisation can be carried out and not to proceed with the Order if it cannot.

By placing the Order, the Customer declares that they have reviewed all information, including Product information, provided on www.dyadema.it during the purchasing process and that they have read and fully accepted these Terms and Conditions of Sale and the Privacy Policy. Markdown incollato

ART. 4 – METHODS OF PURCHASING PRODUCTS

The Customer may purchase only Products included in Dyadema’s electronic catalogue at the time the Order is submitted and displayed online at www.dyadema.it, whose characteristics are described on the relevant Product Pages, at the indicated price plus the delivery costs specified at the time of purchase.

Before submitting the purchase Order, the unit cost of each selected Product, the total cost where several Products are purchased and the applicable delivery costs are summarised. Each Product Order is considered a separate purchase.

To place an Order, the Customer selects the desired Products from the electronic catalogue in the available variants (model, size, colour and any personalisation) and adds them to the virtual shopping cart.

The Customer enters or confirms, in the case of an already registered user, their first and last name, full shipping address, billing address if different, telephone number and email address.

The Customer may enter promotional codes or vouchers; the system automatically updates the total.

Once the above steps have been completed, an Order summary page will be displayed containing all purchase information, which will subsequently be included by Dyadema in the Order Confirmation: (a) detailed list of Products and their unit prices; (b) shipping costs; (c) any discounts; (d) total amount including VAT; (e) delivery and billing details; (f) payment method; (g) links to the GTCS and Privacy Policy with mandatory checkbox; (h) information concerning the right of withdrawal.

Before clicking “Confirm and pay”, the Customer may correct any information entered by returning to the previous steps using the navigation buttons.

The Customer clicks “Confirm and pay”, selects the payment method and enters the necessary information. Payment completes the checkout procedure and submits the Order. Submission of the Order constitutes an irrevocable purchase proposal pursuant to Article 1329 of the Italian Civil Code.

The Customer must print or save an electronic copy and, in any event, retain these Terms and Conditions of Sale.

Dyadema reserves the right not to accept or to cancel an Order in the following circumstances:

• unavailability of the ordered Product, e.g. out of stock;
• manifest error in the price and/or Product description; the Customer will be informed and may confirm the purchase at the correct price or obtain a refund;
• unverifiable payment details, declined card or transaction flagged as fraudulent by the anti-fraud system;
• incomplete or incorrect shipping information or inability to deliver to the indicated country;
• Orders that are unusual in terms of quantity, frequency or method and suggest speculative purposes or unauthorised resale;
• any other case in which Dyadema deems it appropriate, at its sole discretion.

Dyadema will promptly inform the Customer of any refusal or cancellation of an Order by email at the address provided when the Order was placed.

In the event of refusal and/or cancellation, Dyadema will fully refund any amount already charged within 14 days, using the same payment method used by the Customer or another method indicated by the Customer.

Any liability and/or damages resulting from the non-acceptance or cancellation, including partial cancellation, of an Order are excluded. Markdown incollato

ART. 5 – REGISTRATION AND ACCOUNT

Purchases on the Website may be made after registration and creation of a personal account or as a guest (guest checkout).

The Customer is responsible for maintaining the confidentiality of their login credentials and for all transactions carried out through their account.

Dyadema reserves the right to verify at any time whether the requirements for qualification as a Consumer Customer are met and, consequently, reserves the right to revoke a registered account at its sole discretion. Markdown incollato

ART. 6 – SCOPE AND APPLICABLE MARKETS

These GTCS apply to all Orders for Products placed through the Website by Consumers residing in the following countries:

• European Union;
• United Kingdom;
• United States of America;
• Canada.

For Customers located outside the countries listed above, Dyadema reserves the right to accept the Order at its sole discretion.

Submission of an Order implies, in all cases, full and unconditional acceptance of these GTCS in the version published on the Website at the time the Order is placed.

These GTCS shall not, however, affect any mandatory rights granted by the law of the Consumer’s country of residence. Markdown incollato

ART. 7 – PRODUCTS

The characteristics of the Products are described on the relevant Product Pages available on the Website, including the category (jewellery/fashion jewellery), material, fineness of precious metals, type and quality of stones, approximate dimensions and weight, country of manufacture (Italy), any certification and any other relevant information.

Images displayed on the Website are indicative and for illustrative purposes only and therefore may not perfectly represent the characteristics of the Products. Markdown incollato

ART. 8 – PRICES, VAT AND CUSTOMS DUTIES

Prices are expressed in Euro (EUR) for all markets (EU, USA, Canada and Italy).

The applicable price is the price displayed on the Website at the time the Order is placed.

Dyadema reserves the right to update prices on the Website.

For Consumers established within the EU, prices include VAT at the rate applicable in the destination country.

For shipments outside the EU (UK, USA and Canada), any customs duties, import taxes, import VAT and additional charges shall be borne exclusively by the Customer.

Dyadema shall not be responsible for delays caused by customs procedures.

Customers are advised to check the customs regulations applicable in their country before placing an Order. Markdown incollato

ART. 9 – PAYMENT

Dyadema accepts the following payment methods:

• credit/debit cards: Visa, Mastercard, American Express (secure PCI-DSS gateway);
• PayPal;
• bank transfer.

Payment must be made when the Order is placed.

Shipment will take place only once payment has actually been received.

In the event of non-payment or withdrawal of authorisation, the Order will be cancelled and Dyadema reserves the right to charge any bank costs incurred.

Where payment is made by bank transfer, if payment is not made within the following 24 hours and/or is not received within the following 7 days, the Order shall be deemed cancelled. Markdown incollato

ART. 10 – SHIPPING AND DELIVERY

Shipments are made using trackable express couriers (e.g. DHL, UPS, GLS, BRT or equivalent carriers). The tracking number is communicated to the Customer by email at the time of Order Confirmation or when the shipment is accepted by the courier.

The shipping cost is indicated during the pre-contractual phase and subsequently in the Order Receipt email.

The purchased Product will be delivered together with a paper copy of the invoice, which will also be sent electronically to the email address provided by the Customer during the pre-contractual phase.

The indicated shipping and delivery times run from the date of Order Confirmation, except where payment is made by bank transfer, in which case they run from the date on which payment is actually received:

• Italy: 2–3 Business Days;
• European Union: 2–5 Business Days;
• United Kingdom: 3–4 Business Days, subject to post-Brexit customs formalities;
• USA: 7–14 Business Days;
• Canada: 7–14 Business Days.

Delivery times are estimates only and may vary depending on the destination country, Product availability, type of Product, particularly personalised items, the period of the year, force majeure events, strikes, public holidays, adverse weather conditions and customs delays.

The above delivery times do not apply to personalised Products. Delivery of ordered goods is made at street level.

Upon delivery of the goods by the courier, the Customer must check: (a) that the number of packages delivered corresponds to that indicated in the transport document; and (b) that the packaging is intact, undamaged, not wet and otherwise unaltered, including its sealing materials.

Any damage to the packaging and/or Product and/or discrepancy in the number of packages must immediately be reported to the carrier by writing “subject to inspection” on the courier’s proof of delivery and specifying the reason (e.g. “punctured packaging”, “crushed packaging”, etc.), and must also be reported to Dyadema at customercare@dyadema.it.

Once the courier’s document has been signed, the Customer may no longer raise objections concerning the external characteristics of the delivered goods.

Any issues relating to the physical integrity, completeness or correspondence of the Products received with those indicated in the Order Confirmation email must be reported to Dyadema within 8 days of delivery, in accordance with the procedures set out herein.

If delivery cannot be completed due to the recipient’s absence, the courier will leave a notice or send an email or SMS and will attempt a second delivery.

If the second delivery attempt is also unsuccessful due to the recipient’s absence, the courier will leave a notice or send an email or SMS indicating the address of the courier’s warehouse where the goods will be stored.

If the goods are not collected within 5 Business Days from the courier’s warehouse due to repeated inability to deliver to the address specified by the Customer when placing the Order, the ordered goods will be returned to Dyadema’s warehouses.

Dyadema will retain the amount corresponding to the shipping costs, the costs of return and storage of the goods at the courier’s warehouse, as well as the shipping costs for returning the goods to Dyadema’s warehouses, and will refund the Consumer the difference between such costs and the price paid.

If, before the above amounts are refunded, the Customer informs Dyadema that they still wish to receive the Products, a second shipment will be made once the Customer has paid the costs of return and storage at the courier’s warehouse, the shipping costs for returning the goods to Dyadema’s warehouses, the storage costs at Dyadema’s warehouses and the cost of reshipping.

The risk of loss of or damage to the Products transfers to the Customer upon physical delivery to the Customer. Markdown incollato

ART. 11 – PERSONALISED PRODUCTS

Personalised Products are made at the Customer’s specific request (e.g. engravings, texts, images).

The available personalisations are those expressly indicated in the online catalogue on the Website or agreed with the Consumer after receipt of the Order.

The Customer is responsible for the accuracy of the information provided, including text, uppercase and lowercase letters and any spelling or content errors. Once the personalisation has been confirmed, no changes may be made.

The Seller reserves the right to refuse requests that are incomplete, technically unfeasible or inconsistent with its quality standards.

As the Products are handcrafted and/or personalised, they may show slight variations from the images displayed on the Website, which are provided for illustrative purposes only. Markdown incollato

ART. 12 – LEGAL GUARANTEE OF CONFORMITY

For Consumers established in the EU, Dyadema provides a 2 (two)-year legal guarantee of conformity from delivery pursuant to Italian Legislative Decree 206/2005 (Consumer Code) and Directive (EU) 2019/771.

For Consumers established in the United Kingdom, Dyadema provides a 2-year guarantee pursuant to the Consumer Rights Act 2015 (UK).

To benefit from the guarantee, the Consumer must retain the Order Confirmation and/or invoice issued by Dyadema.

The Consumer must communicate and provide evidence of the delivery of the Products beyond the periods indicated in Art. 10; otherwise, where there is no certainty as to the actual delivery date of the Products, the guarantee shall run from the expiry of those periods.

In the event of a lack of conformity, the Consumer is entitled, at their choice, to repair, replacement, price reduction or termination of the Contract, subject to the conditions provided by law.

For the purposes of this Contract, consumer goods are presumed to conform to the Contract where, when relevant, the following circumstances coexist: (a) they are suitable for the purposes for which goods of the same type are normally used; (b) they conform to the description given by the Seller and possess the qualities of the goods which the Seller presented to the Consumer as a sample or model; (c) they possess the quality and performance normally found in goods of the same type and which the Consumer may reasonably expect, taking into account the nature of the goods and, where applicable, public statements concerning specific characteristics of the goods made by the Seller, manufacturer or their agent or representative, particularly in advertising or labelling; (d) they are also suitable for the particular purpose intended by the Consumer, which was made known to the Seller at the time the Contract was concluded and which the Seller accepted, including by conduct.

The guarantee does not, in any event, cover normal wear and tear, damage caused by improper use or failure to comply with care instructions, unauthorised modifications, accidental damage (e.g. breakage, dents) or oxidation resulting from exposure to chemical substances (perfumes, cosmetics, chlorine).

To limit the natural oxidation process, the Consumer must comply with the Product maintenance instructions. Dyadema provides inside the packaging a cloth and a sachet containing a product suitable for cleaning and maintaining the Product.

To activate the guarantee, the Customer must send a communication to customercare@dyadema.it indicating: Order number, description of the defect and photographs, Order Confirmation and/or invoice issued by Dyadema.

Dyadema will respond within 5 Business Days with return instructions if the return, for repair, replacement or possible refund, has been authorised.

If Dyadema is unable to repair or replace a Product under guarantee, at its discretion it will refund the Consumer the full amount paid, subject to a reasonable deduction for deterioration caused by use, or replace the Product with one having equivalent or superior characteristics.

Repair times vary depending on the defect identified.

No damages may be claimed for lack of conformity and/or delays in repair and/or replacement and/or refund. Markdown incollato

ART. 13 – LIABILITY AND LIMITATIONS OF LIABILITY

Dyadema is liable for damages directly caused by its own breaches or intentional or grossly negligent conduct. To the extent permitted by applicable law:

• Dyadema shall not be liable for indirect or consequential damages, loss of profit, loss of data or reputational damage;
• Dyadema’s total liability towards the Customer may not exceed the value of the individual Order giving rise to the damage;
• Dyadema shall not be liable for failure to perform resulting from force majeure events (pandemics, natural disasters, conflicts, customs blockages, cyberattacks, etc.).

No limitation shall apply to the Consumer’s mandatory statutory rights. Markdown incollato

ART. 14 – INTELLECTUAL PROPERTY

All content on the Website (trademarks, logos, trade names, images, texts, designs, collections, videos and source code) is the exclusive property of Dyadema S.r.l.

The reproduction, distribution, modification, communication to the public or use of such content for commercial purposes without the prior written authorisation of Dyadema is prohibited. Markdown incollato

ART. 15 – RIGHT OF WITHDRAWAL

Consumers residing in the European Union or the United Kingdom have the right to withdraw from the Contract within 14 (fourteen) calendar days from the date on which they physically receive the Products, without having to provide any reason and without incurring costs other than those provided for in paragraph 8 of this Article 15 (Art. 52 Italian Legislative Decree 206/2005; Arts. 9–15 Directive 2011/83/EU; Sections 29–30 Consumer Rights Act 2015 UK).

The Consumer may also withdraw before receiving the Product if they decide to cancel the Order after confirmation but before shipment.

To exercise the right of withdrawal, the Consumer must send Dyadema an unequivocal communication of their decision to withdraw before expiry of the 14-day period following receipt of the Product, using one of the following channels:

• Email to customercare@dyadema.it with subject: WITHDRAWAL – Order No. [order number], specifying name, address, date of receipt, Products to be returned and, optionally, the reason for withdrawal;
• Online withdrawal form: by completing the appropriate form in the “Returns and Refunds” section of the Website (www.dyadema.it/resi);
• Model withdrawal form: using the model withdrawal form set out in Annex I, Part B, of Directive 2011/83/EU (available for download in the “Documentation” section of the Website), to be sent by email or registered letter with acknowledgement of receipt to Dyadema S.r.l., Via Dell’Artigianato 14, San Zenone degli Ezzelini 31020 (TV), Italy (in this case, the postmark shall serve as proof of the date of dispatch).

Dyadema will send the Consumer an email confirming receipt of the withdrawal request within 24 Business Hours of receiving the communication, together with the RMA code and return instructions.

The Product must in any event be returned no later than 30 (thirty) calendar days from the date on which the Product was received.

The Consumer is responsible for any reduction in the value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products (Art. 57(2), Italian Legislative Decree 206/2005). Products must therefore be returned:

• in their original, undamaged packaging (box, case, envelope or bag), with all included accessories (warranty certificates, labels, documentation);
• in the same condition in which they were delivered: they must not show signs of use, scratches, deformation, breakage or oxidation caused by use;
• with packaging, labels and tags unaltered;
• with the warranty certificate, where applicable, and the purchase receipt/invoice or a copy of the Order Confirmation email;
• with the RMA number assigned by Dyadema following the withdrawal communication clearly visible on the outside of the package.

If the returned Product has suffered a reduction in value attributable to unnecessary handling pursuant to Art. 57 of Italian Legislative Decree 206/2005, Dyadema reserves the right to retain an amount proportionate to the depreciation suffered, after notifying the Consumer within 5 Business Days of receiving the returned Product.

The Consumer may try on and wear the Products to the extent necessary to verify their conformity, as they would in a physical shop, with the Products displayed in the online catalogue, without this constituting use for the purposes of exercising the right of withdrawal.

Return shipping costs shall be borne by the Consumer, except where:

• the Product is defective, non-compliant or different from the Product ordered, in which case Dyadema will provide the Consumer with a prepaid return label (Dyadema courier);
• Dyadema has failed to inform the Consumer that return shipping costs are their responsibility, pursuant to Art. 49(1)(m) of Italian Legislative Decree 206/2005.

Consumers are advised to ship Products using a trackable courier service and insurance appropriate to the value of the goods and to retain the shipping receipt. Dyadema shall not be liable for the loss of and/or damage to Products during return transport where an untracked shipping method has been used.

Dyadema will issue the refund within 14 (fourteen) calendar days from the date on which the returned goods are actually received.

The refund includes: (a) the price of the returned Products; (b) the original shipping costs. The refund will be made using the same payment method used for the purchase, without any fees being charged to the Consumer.

Pursuant to Art. 59 of Italian Legislative Decree 206/2005 (Art. 16 Directive 2011/83/EU), the right of withdrawal does not apply to:

• personalised or made-to-measure Products produced at the Consumer’s specific request (e.g. engravings, resizing, customised compositions, customised plating);
• Products sealed for hygiene reasons and opened after delivery, particularly earrings, piercings and Products that come into contact with mucous membranes;
• Products that, after delivery, have become inseparably integrated or mixed with other Products (e.g. pendants attached to chains sold separately and subsequently assembled by the Customer).

The exclusion of the right of withdrawal does not affect the legal guarantee of conformity (Art. 12 GTCS) or the remedies available in the event of a defective Product. Markdown incollato

ART. 16 – ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS

Consumers established within the EU have the right to use alternative dispute resolution (ADR) procedures pursuant to Italian Legislative Decree 130/2015 and Directive 2013/11/EU.

Consumers in the United Kingdom may use Alternative Dispute Resolution (ADR) under the Consumer Rights Act 2015 and Directive (EU) 2013/11 as implemented into UK law. Consumers may also contact Ombudsman Services or equivalent accredited bodies.

For Consumers in the USA and Canada, Dyadema undertakes to seek an amicable resolution of disputes. For unresolved disputes, mediation procedures available under local law may be used. Markdown incollato

ART. 17 – AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONS OF SALE

Dyadema reserves the right to amend these GTCS at any time. Amendments shall take effect upon publication on the Website.

Orders already confirmed before an amendment shall remain governed by the GTCS in force at the time of the Order Confirmation. Markdown incollato

ART. 18 – PROCESSING OF THE CUSTOMER’S PERSONAL DATA

The Customer’s personal data are processed in accordance with:

• Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree 196/2003, as amended by Italian Legislative Decree 101/2018, for EU and Italian Customers;
• UK GDPR and Data Protection Act 2018 for Customers residing in the United Kingdom;
• Data Privacy Act for Customers residing in the USA, California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for US Customers residing in the State of California;
• Personal Information Protection and Electronic Documents Act (PIPEDA) for Customers residing in Canada.

Personal data are processed for: (i) performance of the Contract; (ii) compliance with legal obligations; (iii) commercial communications subject to consent; (iv) fraud prevention.

The Customer has the right to access, rectification, erasure, objection, portability and restriction of processing, which may be exercised by writing to customercare@dyadema.it.

For complete details, please refer to the full Privacy Policy available at: www.dyadema.it/privacy. Markdown incollato

ART. 19 – APPLICABLE LAW AND JURISDICTION

These GTCS are governed by Italian law. However, the Consumer shall in all cases benefit from any mandatory protections provided by the law of their country of habitual residence.

These GTCS are drafted in Italian and, in the event of a translation that does not perfectly correspond to the original, the meaning of the clauses as drafted in the original Italian language shall prevail.

For Consumers residing in the EU, any dispute that is not resolved amicably or through ADR/ODR shall fall within the jurisdiction of the court of the Consumer’s place of residence or, at the Consumer’s choice, the Court of Treviso (Italy).

For Consumers residing in the United Kingdom, USA and Canada, Italian law shall apply; jurisdiction shall be Italian and the competent court shall be the Court of Treviso, without prejudice to the mandatory application of local Consumer protection laws.