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Online sales are temporarily suspended, then it will not be possible to conclude the order

Conditions Of Sales

1 Purpose.
1.1 The present general conditions of sale regulate the purchase and sale agreement relevant to any purchase made through the e-commerce website (hereinafter: "Website") www.penelope.eu.

1.2 The purchases of the products made through the Website foresee the parties being Penelope Gioielli di Davide Tranchida, with registered office in Abbiatergasso, Italy, VAT number 08142430969 and registration number with the Company Registry (REA) in Milan 2005367 as the seller (hereinafter: the "Seller"), and the party that proceeds with the purchase of one or more products (hereinafter: the "Customer").

1.3The Website is dedicated to retail sale and as such is understood as being exclusively for the use of consumers. The possibility to purchase products on the Website is, moreover, reserved exclusively to the "consumer", such as an individual that acts for purposes outside of the entrepreneurial, commercial, artisan or professional activity carried out. Persons which are not "consumers" are asked to not place orders through the Website.

1.4 In order to validly execute the present agreement the age of majority (18) and the legal capacity to act are necessary, which the Customer declares to possess.

2 Characteristics of the products.
2.1 The products are sold by the Seller with the characteristics that are described on the Website when sending the order on behalf of the Customer and in compliance with the general terms of sale published on the Website at the time of sending the order, with the exclusion of any other condition or term.

2.2 The Seller reserves the right to amend the present general conditions of sale at any time, at his discretion, in compliance to the laws in force. The products are offered at the general conditions of the agreement indicated on the Website at the time of sending the order until stock is sold out.

2.3 The prices and goods for sale on the Website are subject to variation without prior notice. Moreover, prior to forwarding the purchase order pursuant to the following point 3 herein, it is requested that the Customer verify the final sale price.

2.4 The Seller reserves the right to make modifications and improvements to any good offered on the Website, without the obligation to make such modifications to goods already sold.

3 Execution of the agreement.
3.1 The purchase order forwarded by the Customer to the Seller through the Website is valid as a proposal of contract, which forms an integral part of the order itself and that the Customer, by means of forwarding the order to the Seller, must accept in its entirety without any type of reserve. Before purchasing the products, by sending a purchase order, the Customer shall be asked to attentively read and accept the present general conditions of sale.

3.2 The contract is understood as executed when the Customer receives the receipt for the order from the Seller via e-mail. Pursuant to the laws in force, the order and the receipt for the order are considered received when the parties to which the same are addressed have the possibility to access the same.

4 Delivery of goods.
4.1 Generally the Website indicates the availability of each product and delivery times of the same, nevertheless, such information is to be deemed as purely indicative and not binding for the Seller.

4.2 The Seller undertakes to do that which is in his power in order to respect the delivery times indicated on the Website and, in any case, carry out the delivery in a maximum time frame of 30 (thirty) says from the communication to the Customer of the order confirmation except for goods not available in the warehouse, being an advance order on behalf of the Customer, in this case the delivery shall be carried out within 30 (thirty) days starting from the date in which the goods become available. Relevant to the latter assumption, the Customer shall have the right to exercise the withdrawal until receiving the communication, forwarded by the Seller, of the availability of the same at the warehouse.

4.3 Not being able to guarantee the availability of the products displayed on the Website, in the event that a product ordered by the Customer is not available, the Customer shall be promptly informed by the Seller and any payment already made by the Customer shall be promptly reimbursed.

5. Prices, shipping costs, taxes
5.1 The price of the products is that indicated on the Website at the time when the Customer sends the order. The sales prices of the products indicated on the Website are VAt included (VAT-free for sales outside the EU), they do not include delivery charges, which are calculated prior to the confirmation of purchase by the Customer and that the same Customer undertakes to pay to the Seller in addition to the price indicated on the Website and do not include any taxes or duties due in compliance to the conditions and terms established by each individual State of delivery of the goods.

5.2 The Customer must pay the total price to the Seller, the price which is printed on the order and confirmed in the order confirmation forwarded by e-mail by the Seller to the Customer.

5.3 Any other cost, charge and tax that any country may apply for any reason to the products ordered based on the present agreement are exclusively the burden of the Customer.

6. Legal guarantee of compliance by the Seller.
6.1 Pursuant and in compliance to the European Directive 44/99/EC and the Italian Legislative Decree 206/2005 (Customer Code), the Seller provides a legal guarantee to the Customer on the product for any defect of compliance in respect to the purchase and sale agreement which should arise within 24 (twenty-four) months from the delivery to the Customer of the product.

6.2 The legal guarantee permits the Customer, in the case of defects of compliance of the product, to obtain, by directly contacting the Seller, within a reasonable time frame in consideration of the nature of the product, the repair (when and where possible), the substitution of the product, the reduction of the price or the termination of the agreement.

6.3 The guarantee does not apply for defects due to the not proper usage like: scratches, warping, cracking, tears, or loses of gemstones due to any shocks.

6.4 In the event of the ascertained non-compliance of the product, the Seller shall provide to refund the Customer for the cost of the product of the non-compliant product or, alternatively, to repair the product or substitute the same with a new product; in the latter assumption, the non-compliant product returned shall remain the property of the Seller.

6.5The warranty is exclusively for consumers as defined by the Consumer Code (Italian Legislative Decree no. 206/2005), which is any natural person who is acting for purposes unrelated to any business or professional activity. In all other cases, the guarantee is that the law of one year pursuant to art. 1490 et seq. Civil Code

7 Right to withdraw.
7.1 Pursuant and in compliance to the European Directive 44/99/EC and the Italian Legislative Decree 206/2005 (Customer Code), the Customer has the right to withdraw from the present agreement, without penalty, within 14 (fourteen) days starting from the day of receipt of the ordered products, for any reason and without having to justify its decision.

7.2 The Customer can exercise the withdrawal right, within the above-mentioned time frame, by sending an explicit declaration of withdrawal to customer care via e-mail to the following address customercare@penelope.eu. The Customer shall be given a Form with the relevant Return Code.

7.3The Seller, having carried out the suitable verifications, shall request that the Consumer return the product within 14 (fourteen) days from the placing of the order, together with the Return Form and complete with the Return Code provided, sending it (ship with tracknumber) to:
Penelope Gioielli di Tranchida Davide
Via G. Villani, 1
20081 Abbiategrasso - Italy

7.4 It remains understood that the risks, the shipping expenses and any taxes in order to reimport the products to the Seller shall be the responsibility of the Customer.

7.5 In order to validly exercise the withdrawal right, the products must be delivered or in any case must arrive to the Seller intact (without signs of wear, abrasions, scratches, deformations, etc.), complete with all of their elements and accessories, together with the enclosed instructions/notes/manuals (the accompanying label must be intact and not separated from object), with the original boxes and packaging and, where present, the warranty certificate. In absence of the above the Customer shall not have the right to the reimbursement of the amount paid. For this purpose, therefore, we recommend covering the original packaging of the products with another protective packaging that preserves the integrity of the same and protects it during the transportation from writing or stickers.

7.6 In the event that the verification of the returned products has a positive outcome and the withdrawal right has been validly exercised within the terms and pursuant to the conditions provided, the Seller shall provide to reimburse free of charge to the Consumer the entire amount paid for the purchase of the products, including delivery charges previously sustained by the Consumer for the purchase itself, in the least time possible and in any case within 30 (thirty) days from the date in which the Seller became aware of the exercise of the withdrawal right on behalf of the Consumer.

7.7 The above-mentioned refund shall be executed by means of a bank wire transfer in favour of the Consumer, it shall be the responsibility of the Consumer to communicate to the Seller, by filling out the specific Return Form, the banking information to make the bank wire transfer in its favour and to ensure that the Seller is in a condition to be able to return the amount due. In the event that the payment was made by credit card, the above-mentioned return shall be executed within the terms indicated directly through the refund of the amount due to the credit card used by the

8 Other cases of return.
8.1 In the event that the Customer verifies, that the product received arrived defective or not corresponding to the product ordered, the Customer can report it, within 14 (fourteen) days starting from the day of receipt of the ordered products, by sending an explicit declaration of withdrawal to customer care via e-mail to the following address customercare@penelope.eu. The Customer shall be given a Form with the relevant Return Code.

8.2 The product must be delivered or in any case must arrive to the Seller intact (without signs of wear, abrasions, scratches, deformations, etc.), complete with all of their elements and accessories, together with the enclosed instructions/notes/manuals, with the original boxes and packaging and, where present, the warranty certificate and in any case in the same conditions in which it arrived to the Customer. On the contrary, the Customer shall not have the right to any refund.

8.3 Subsequent to the verification of the product returned on behalf of the Seller, should the necessary conditions exist, the latter shall provide for the reimbursement of the shipment costs sustained for the return of the product and to send to the same, at no extra charge, a new product or the product actually ordered within the least time possible, providing the same is available; on the contrary, only the price paid for the defective product shall be refunded.

8.4 Subsequent to the verification of the product returned on behalf of the Seller, should the necessary conditions exist, the latter shall provide for the reimbursement of the shipment costs sustained for the return of the product and to send to the same, at no extra charge, a new product or the product actually ordered within the least time possible, providing the same is available; on the contrary, only the price paid for the defective product shall be refunded.

8.5 The above-mentioned refund shall be executed by means of a bank wire transfer in favour of the Consumer, it shall be the responsibility of the Consumer to communicate to the Seller, by filling out the specific Return Form, the banking information to make the bank wire transfer in its favour and to ensure that the Seller is in a condition to be able to return the amount due. In the event that the payment was made by credit card, the above-mentioned return shall be executed within the terms indicated directly through the refund of the amount due to the credit card used by the Consumer for payment.

9 Limitation of responsability
9.1 Except in respect of personal injury caused by Seller, it is settled, that even if it is established Seller's responsibility in comparison with the Customer, also in case of total or in part non-execution of the duties assumed from Seller with the Customer, because of the execution of an order; Seller's responsibilities shall not exceed the price of goods bought by the Customer and for he has contested.

10 Customer data and data protection.
10.1 In order to proceed with registration, the sending of the order and, therefore, the execution of the present agreement, various personal data of the Customer are requested. The Customer formally acknowledges that the personal data supplied shall be registered and used by the Seller, in compliance and pursuant to the regulations of the Italian Legislative Decree 196/2003 and subsequent amendments and integrations. - Data Protection Code, in order to execute the present agreement and, subsequent to prior consent, for any other activities as indicated in the specific information regarding data protection supplied to the Customer through the Website.

10.2 Customer may also separately consent to the processing of your personal data by Penelope Gioielli in accordance with the terms and conditions and for the purposes described above concerning, namely, allowing you to take part to events including those of a promotional nature; carrying out statistical and market surveys and research; receiving information and/or promotional communication, including commercial information, advertising material and/or offers of goods and services, in particular our newsletter, through the Post, Internet, telephone, e-mail, MMS, SMS, exclusively by Penelope Gioielli

11 Security.
11.1 Although the Seller shall take measures to protect personal data against its loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relevant to the protection of electronic communications via Internet, the Seller cannot guarantee that the information or data visualised by the Customer on the Website, even subsequent to the Customer having logged in, are not visible or accessible by unauthorised third parties.

12 Force majeure.
12.1 The Seller shall not be liable in the event of total or partial default of its obligations provided within the present agreement should such default be caused by unpredictable and/or natural events out of his reasonable control, including, by way of example but not limited to, catastrophic natural events, acts of terrorism, wars, revolutions, power failure, general labour strike in the public/private sector, strike and/or restrictions of traffic conditions for couriers and air links.

13 Applicable law and competent court.
13.1 The agreement shall be regulated and interpreted pursuant to Italian Law.

13.2 The Parties mutually agree that the application of the United Nations Treaty on contracts for the international sale of goods is expressly excluded.
13.3 For every dispute deriving from the present agreement or relevant to the same, the competent court shall be a) the Court of the place of residence or domicile of the Customer, if "Consumer" pursuant to the laws in force; b) in every other circumstance, exclusively the Court of Milan, Italy.

13.4 For all that is not expressly provided for herein, the provisions of the Italian Law shall be applicable and in particular, for Customers, the provisions in Section I, Chapter III, of the Italian Legislative Decree 206/2005 and and subsequent amendments and supplements. (Customer Code).