Terms & Conditions

 

Fabiani Group Spa constantly strives to fully satisfy its customers. For this reason, the quality of services and jewelry offered to our clientele is the company's primary objective. Each piece of jewelry undergoes rigorous checks, from the acquisition of raw materials to manufacturing and shipping.

Subject of the online contract and its definition

The contract stipulated between Fabiani Group Spa and the Customer is understood to be concluded with the acceptance of the order by Fabiani Group Spa. Such acceptance is considered tacit, unless otherwise communicated to the Customer by any means. By placing an order in any of the provided ways, the Customer declares to have read all the information provided during the purchase procedure, and to fully accept the general and payment conditions transcribed below. Any right of the Customer to compensation for damages or indemnification is excluded, as well as any contractual or extra-contractual liability of Fabiani Group Spa for direct or indirect damages to persons and/or things, caused by the non-acceptance of an order. An online sales contract is understood as a distance contract, meaning a legal transaction concerning movable goods and/or services stipulated between a supplier, Fabiani Group Spa with registered office in Rome, Via Collatina 858, VAT no. 01611280478, registered with the Rome Chamber of Commerce in 2013 under number REA RM-1354552, and a consumer/customer within a distance selling system organized by the supplier who, for such a contract, exclusively uses distance communication technology called the internet. All contracts, therefore, will be concluded directly through the consumer customer's access to the website corresponding to the address www.fabianigioiellerie.com, where, by following the indicated procedures, the customer will conclude the contract for the purchase of the good. Once the online purchase procedure is completed, the customer will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of articles 3 and 4 of Legislative Decree 185/1999 on distance sales. The sales conditions are set out below and will remain effective until they are changed by the supplier. Any changes to the sales conditions will be effective from the moment they are published on the website www.fabianigioiellerie.com and will refer to sales made from that moment onwards. The customer therefore undertakes and is obliged, whenever there is a modification of these general conditions, to print and keep them.

It is absolutely forbidden for the buyer to enter false and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and email must exclusively be their real personal data and not those of third parties, or fictitious data. It is expressly forbidden to make multiple registrations corresponding to the same person or to enter data of third parties. Fabiani Group Spa reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers. The Customer indemnifies Fabiani Group Spa from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Customer, the Customer himself being solely responsible for the correct entry.

Orders

Orders are accepted only and exclusively via the Internet (online).

The customer who sends the order via the Internet will receive, at the end of the procedure, a confirmation of the order, via email, with the indication of the relevant order number.

Characteristics of the jewelry

The jewelry complies with article L. 111-1 of the consumer code. The buyer must, before ordering, familiarize themselves with the essential characteristics of the jewelry they wish to order on the www.fabianigioiellerie.com website.

Sales prices and purchase methods

The Customer can only purchase products present in the electronic catalog of www.fabianigioiellerie.com at the time of placing the order and viewable online at the address (URL) www.fabianigioiellerie.com, as described in the relevant information sheets.

It is understood that the image accompanying the product description may not perfectly represent its characteristics but may differ in color, size, etc.

The prices indicated (in euros) are those in force at the time the purchase order is registered by the buyer.
Sales prices do not include shipping costs but are invoiced in addition to the price of the purchased jewelry. Shipping costs are indicated before and after order registration.

All sales prices of the products displayed and indicated on the website www.fabianigioiellerie.com, which constitute a public offer pursuant to art. 1336 of the Civil Code, include VAT and any other tax; the transport cost is duly highlighted on the specific page within the site that the customer will be required to view during the purchase confirmation phases; in case of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the destination State will be borne by the customer. The purchase contract is finalized by the exact compilation and the consent to purchase expressed through online acceptance. The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.

Fabiani Group Spa reserves the right to modify its current rates at any time and when it deems necessary without prior notice.

A contribution for shipping costs, where required, will be charged to the customer if clearly displayed before the order is finalized, varying in relation to the weight, dimensions, and destination (in Italy or abroad) of the order itself. The purchase contract is finalized by the exact compilation and the consent to purchase expressed through "online" acceptance.

Payments

The total amount must be paid at the time of the Buyer's order. As soon as payment is received, Fabiani Group Spa processes the order and ships it within the given timeframe. To pay for their jewelry order, the Buyer has the following payment methods:
– Online payments

Execution of the contract and delivery methods

Ordering

The buyer's order must be confirmed by Fabiani Group Spa via email. The sale will be considered concluded only after Fabiani Group Spa has sent the order confirmation to the buyer and has collected the full amount. Fabiani Group Spa recommends that the Buyer keep this information on paper or in electronic format.

Fabiani Group Spa will deliver the selected and ordered products to customers, in the manner described, using trusted couriers and/or forwarders. Delivery times can vary from the same day of the order to a maximum of seven working days, and will never, in any case, exceed those provided for in Legislative Decree 206/05 (30 days from order date). The aforementioned delivery times refer to products in stock at the time of the order. Delivery will be made by carriers mainly at street level. However, no responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseen circumstances.

Delivery and receipt

Products will be delivered to the Buyer's address as indicated on the order form. Invoices are automatically available in the Customer's email once the order has been validated.

Order fulfillment typically takes 2/3 business days, with the exception of holiday periods during which, for special orders (e.g., watches or rings with specific sizes), fulfillment times may extend up to 7 business days.

Features of express courier delivery: UPS

Delivery is generally expected within 48 hours, i.e., 2 business days, from the date the shipment is entrusted to the courier. For Basilicata, Campania, Calabria, Puglia, and the islands, an additional 1-2 business days may be required.

Upon shipment, the Buyer will receive a link or code via email to track the order.

In case of delays or missed deliveries, the Buyer can contact the UPS toll-free number or open a report on the UPS website. If the problem is not resolved, they can contact Fabiani Group S.p.A., who will carry out the necessary checks with the carrier.

In the event of damage or loss and following our investigations, Fabiani Group Spa will proceed at its own expense with a new shipment of the jewelry ordered by the Buyer, only if no responsibility can be attributed to the carrier (art. 1678 et seq. of the Civil Code) or the customer.

Fabiani Group Spa delivers throughout Italy. Shipping costs are borne by the buyer. For amounts equal to or greater than €39.00 (VAT included), shipping will be free of charge. In the case of international shipping, the request will be verified and shipping costs will be calculated and borne by the buyer.

Product availability

The customer can purchase the products indicated in the prepared electronic catalog (present on the www.fabianigioiellerie.com website) and in the quantities available in stock.

Non-Fabiani branded items may not be directly available in stock and therefore may have delivery times that vary based on availability and restocking times of the manufacturers.

Promotions

Discounts applied to products purchased on this site may differ from those applied at physical stores for the same items and/or product categories.

Responsibility

Fabiani Group Spa assumes no responsibility for service disruptions attributable to force majeure (such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, etc.), in case of out of stock or unavailability of the jewel, strikes by postal services and transport and/or communications and other similar events that prevent, in whole or in part, the execution of the contract within the agreed times. Fabiani Group Spa will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above.

Fabiani Group Spa is not responsible for any direct and/or indirect damage or loss arising from the sale of goods and services offered in the catalog published on the Fabiani Group Spa website, nor for the conformity of the goods to the specifications published on the website, nor for any other fact not directly attributable to Fabiani Group Spa.

Fabiani Group Spa is released from any and all liability relating to the goods from the moment they are delivered without reservation to the carrier for transport.

Therefore, from the moment the Customer receives damaged goods or requests their redelivery to the carrier, they have a direct and exclusive action against the carrier itself. The latter is also responsible for delays in the delivery of the goods to the recipient.

Fabiani Group Spa is not responsible for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, at the time of purchasing the products, as it is not, at any time during the purchase procedure, able to know the credit card number of the buyer which, through a protected connection, is transmitted directly to the banking service provider.

Guarantees and assistance methods

Fabiani Group Spa markets high-quality products, covered by a minimum warranty of 24 months from the date of purchase, excluding interventions due to improper use of the item (collision, impact, wear from friction/chemical products, etc.).

Fabiani Group Spa directly manages warranty returns and the subsequent return phase. To allow tracking of their product during this phase, the customer must request the product's order number by contacting Fabiani Group Spa by phone at +39 342 320 2228.

In any case, the reference regulations and the methods of applying the warranty are those indicated and highlighted in the certificate attached to the product. Goods returned under warranty will be sent by Fabiani Group Spa to the address indicated by the customer. If the customer wishes to change their address during shipment, they must inform Fabiani Group Spa in sufficient time to allow us to make the necessary arrangements. Otherwise, Fabiani Group Spa cannot be held responsible for the non-execution of the contract.

Buyer's obligations

The customer undertakes and is obliged, once the online purchase procedure is concluded, to print and keep these general conditions, which, moreover, they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition of Legislative Decree 206/05. It is strictly forbidden for the buyer to enter false, and/or invented, and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and email must exclusively be their real personal data and not those of third parties, or fictitious data. Fabiani Group Spa reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

Right of withdrawal

The customer who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days (Legislative Decree 21) starting from the day of receipt for goods, and from the day of conclusion of the online contract for services.

To make any return, the Buyer must follow the following instructions:

1. Inform customer service;
2. Return the entire order (including the certificate of authenticity, the case, and the jewel);
3. Return the package.

 

Any risk related to the return of jewelry, such as loss, damage, or theft, is borne by the Buyer.

Withdrawal must be communicated by sending a registered letter with acknowledgment of receipt within the aforementioned 7-day period to the following address: Fabiani Group Spa Via Ponte Monsummano 62, 51018, Pieve a Nievole (PT). Within the same period, a fax can be sent to no. 0572525068 or an email to info@fabianigioiellerie.com, which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt to confirm the expressed withdrawal.

Once the aforementioned withdrawal communication is received, Fabiani Group Spa will communicate the return instructions to the customer.

Within the aforementioned 7-day period, the purchased goods to be returned must be sent back to the sender-supplier, intact and in their original packaging, accompanied by any manuals, without any missing parts. Return shipping costs will be borne by the customer. Fabiani Group Spa will forward the full amount (excluding shipping costs) paid by the customer within 30 days from the date of receipt of the goods shipped by the customer, subject to any restoration costs for ascertained damage to the goods.

The right of withdrawal is, however, subject to the following conditions:

1. the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
2. the right does not apply to personalized or modified products according to customer specifications;
3. the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend inserting it in a second box; in all cases, the application of labels or adhesive tape directly on the product's original packaging should be avoided;
4. by law, shipping costs for returning the goods are borne by the customer; delivery costs to the customer and any other ancillary costs highlighted at the time of placing the order will also not be reimbursed; the shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the customer;

 

Fabiani Group Spa is not responsible in any way for damage or theft/loss of goods returned with uninsured shipments; upon arrival at the warehouse, the product will be examined to assess any damage or tampering. Should the packaging and/or original packing be damaged, Fabiani Group Spa will retain a percentage of the refund due, in any case not exceeding 10% thereof, as a contribution to restoration costs.

Subject to any restoration costs for ascertained damage to the original packaging, Fabiani Group Spa will refund the customer the full amount already paid (excluding shipping costs), within 30 days of the return of the goods, by reversing the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details to obtain the refund (IBAN code of the invoice holder).

The right of withdrawal is entirely forfeited due to the lack of the essential condition of the integrity of the goods (packaging and/or its content), in cases where Fabiani Group Spa ascertains:

1. the negligent use of the goods that has compromised their integrity, or the use of any consumables;
2. the absence of the outer and/or original inner packaging;
3. the absence of integral elements of the product (accessories, manuals, parts, …);
4. the damage to the product.

 

In the event of forfeiture of the right of withdrawal, the goods will remain at the premises of Fabiani Group Spa, available for the Customer to collect at their own expense.

Contract termination and express termination clause

Fabiani Group Spa has the right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons; in this case, the customer will only be entitled to the return of any amount already paid. The obligations assumed by the customer, as well as the guarantee of successful payment made by the customer through the foreseen means, are essential, so that by express agreement, the non-fulfillment by the Customer of even one of these obligations will result in the legal termination of the contract ex art. 1456 c.c., without the need for a judicial pronouncement, without prejudice to the right of Fabiani Group Spa to take legal action for further damages.

Jurisdiction and competent court

Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the website www.fabianigioiellerie.com is subject to Italian jurisdiction; these general conditions refer, where not expressly provided for therein, to the combined provisions of legislative decree no. 50 of 15.1.1992 and legislative decree D.Lgs 206/05. For any dispute between the parties regarding this contract, the Court of Pistoia will have jurisdiction.

Technical information

Fabiani Group Spa reserves the right to modify/adapt the technical and dimensional information of the products in the catalog at its discretion, even without prior notice.

Product availability

Product availability is clearly visible, through a counter, from the product catalog published on the Fabiani Group Spa website. It may happen that a purchase is unsuccessful because, as an online store, availability may drop to 0 at the moment a person is completing the purchase procedure.

Risk and ownership

The goods are shipped carriage paid, insured with invoice charge; in the event that the goods are shipped carriage forward, at the customer's indication, the risk is to be considered borne by the customer from the delivery of the goods from their warehouses to the carrier.

Upon delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document (DDT).

In case of obvious damage, the Customer has the burden of making reservations to the carrier, regarding the transported goods at the time of delivery by the carrier, under penalty of forfeiture. In case of partial loss or damage not recognizable at the time of delivery, the Customer must report the damage as soon as it is known, no later than eight days from receipt (art. 1698 c.c.), under penalty of forfeiture.

In case of discrepancy, it must be reported on the same accompanying document and confirmed, within seven days to the number (0572/520228), or via fax, or via email, and always and in any case via registered letter with return receipt, to Fabiani Group Spa. Even with intact packaging, the goods must be checked by Fabiani Group Spa within seven days of receipt.

Any hidden anomalies must be reported in writing by registered letter with return receipt no later than 7 days from discovery. Any report beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.

In the event that, within 7 days of delivery of the purchased goods, defects of conformity with the contract appear, the Customer has the right to contact Fabiani Group Spa, requesting, at their choice, the repair or replacement of the goods, unless the requested remedy is objectively impossible or excessively expensive compared to the other, or, if the conditions are met, the reduction of the price or the termination of the contract; the communication must be made by registered letter with return receipt to the relevant sales department of Fabiani Group Spa.

Fabiani Group Spa, where its responsibility is recognizable, will arrange, at its own expense, for the collection of the product, after essential communication of the order code.

Fabiani Group Spa reserves the right to charge the customer for any expenses incurred for the verification of the product and for its shipment, if it proves to be intact and functional or without the complained conformity defect attributable to the date of delivery, contrary to what declared by the customer.