Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

Art. 1 – IDENTIFICATION OF THE SELLER

NOOR S.r.l. with registered office in Brescia (Italy), Via Mantova 79, e-mail: info@chiaranoia.com, certified e-mail (PEC): noorsrl@unapec.it, registration number with the Brescia Companies Register and tax code 04695040982, VAT No. 04695040982, REA BS – 634206 (hereinafter referred to as "NOOR or Seller”) responsible for all sales made through the website www.chiaranoia.com (hereinafter the “Site”).

Customer Service Contacts

e-mail: info@chiaranoia.com

WhatsApp-only number 3899261914 available from 9 a.m. to 6 p.m. from Monday to Friday

Postal address for communications: Via Mantova 79 – 25123 - BRESCIA

Art. 2 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter also referred to as “GTCS”) govern the terms and conditions for the purchase, through the website www.chiaranoia.com, of costume jewelry items (hereinafter also referred to as “Product/s”) described and illustrated on the aforementioned site where they are published. They form an integral and essential part of the purchase contract concluded through the Site between the Seller and the Customer and may be printed and saved by the Customer on a durable medium.

The Customer is required to read these GTCS carefully, print and keep them, before sending the Order through the Site. By placing an Order on the Site, the Customer expressly accepts these GTCS, which govern the contractual relationship with NOOR S.r.l. If the Customer does not agree with one or more terms contained in these GTCS, the Customer is invited to refrain from making purchases on the Site.

The Site is intended exclusively for Consumers as defined by art. 3 of Italian Legislative Decree No. 206 of 6 September 2005 (hereinafter referred to as “Customer/s”) and who are at least 18 years of age. Purchases for resale purposes are excluded from the Site.
The GTCS may be updated by the Seller at any time. Any changes apply to orders placed after the publication date of the updated version.

These GTCS govern exclusively the purchase of the Products described and illustrated on the Site and do not govern the sale of products or services by parties other than NOOR that may be present on the Site through links, banners or other hyperlinks. NOOR is not liable for the content of third-party websites that may be accessible through links, banners or other elements present on the Site.

Art. 3 - REGISTRATION ON THE SITE

The purchase procedure through the Site for the Products illustrated therein is made accessible and supported by Shopify, which collects and processes the personal data relating to the Customer’s access to and use of the Services under the terms and conditions of Shopify’s Terms of Service and Privacy Policy, available on the “Account” page or on the “Guest or Cart” page. This purchase procedure may take place either after creating a Customer Account, by entering first name, last name, e-mail address and any other information requested therein, or through “Guest” mode.

The Customer undertakes not to transfer their credentials, even temporarily, to third parties and to keep them with due care, diligence and confidentiality under their own responsibility, as they constitute the only means of identifying the Customer and validating their access to the offers. The Customer is therefore informed that all actions carried out through the use of said credentials shall be attributed to the Customer and shall be binding upon them.

Art. 4 - CONTRACTING PARTIES

Seller: the Products illustrated and described on the Site are offered for sale by NOOR S.r.l. with registered office in Brescia (Italy), Via Mantova 79, e-mail info@chiaranoia.com, certified e-mail (PEC) noorsrl@unapec.it, registration number with the Brescia Companies Register and tax code 04695040982, VAT No. 04695040982 REA BS – 634206, Telephone 3899261914, a company operating in Italy.

Customer: the natural person who purchases on the Site the Products illustrated and described therein for purposes unrelated to any professional, craft or business activity carried out and is therefore a Consumer pursuant to Italian Legislative Decree No. 206/2005 (“Consumer Code”).

Art. 5 - DELIVERY TERRITORY

The delivery of Products purchased through the Site is carried out exclusively within the territory of Italy, excluding the Republic of San Marino and the Vatican City State.

Art. 6 - PRODUCT CHARACTERISTICS

The Products illustrated and sold on the Site are made of materials such as, by way of example: stainless steel, copper, metal alloys, resins, natural or synthetic stones, plastic materials, glass, ceramic, beads. They are costume jewelry items and do not constitute jewelry or precious items. Each Product is accompanied by an information sheet indicating its main characteristics, such as materials, dimensions, finishes, as well as cleaning and storage methods and the presence or absence of certifications (hereinafter referred to as “Product Sheet”).

The Customer is required to carefully verify, before sending the Order, the composition indicated for each Product in the relevant Product Sheet. The Seller is not responsible for any allergic reactions resulting from individual sensitivity to the materials.

6.1 Images

The images of the Products on the Site are purely illustrative and do not constitute a contractual element. Although the Seller adopts every possible technological measure to ensure the accuracy of the photographs, certain color variations compared to the images published on the Site may depend on the technical characteristics of the Customer’s device. The Seller is not liable for such technical variations.

6.2 Materials

The Customer must carefully verify, before sending the Order, the composition indicated for each Product in the relevant Product Sheet. The Seller is not responsible for any allergic reactions resulting from individual sensitivity to the indicated materials.

6.3 Sizes

The Customer must pay attention, before sending the Order, to the available sizes (e.g. length, width, diameter, etc.) indicated in the Product Sheet of each item. Considering that the sale through the Site constitutes a distance sale, the verification and any selection, where provided, of the size is an operation entirely entrusted to the Customer.

6.4 Care and maintenance of the Products

The Products are subject to normal wear and tear. To preserve the quality of the Product, it is recommended to follow the instructions provided in the Product Sheet and therefore, by way of example, to:

avoid contact with salt, chlorine, perfumes, cosmetics, detergents, alcohol, solvents or abrasive products
remove the products before showering, sleeping, washing or doing sports
store in a dry place
use a soft dry cloth for cleaning.

The Seller is not liable for damage resulting from failure to comply with these instructions.

Art. 7 - PRICES

The price of the Products (hereinafter referred to as “Price/s”) is expressed in Euro (EUR) and is indicated for each item in the relevant Product Sheet published on the Site at the time the Customer sends the Order (hereinafter referred to as “Order/s”). Prices include VAT at the rate in force at the time of the Order. The Seller reserves the right to change prices at any time. Changes do not apply to Orders already placed.

Shipping costs are not included in the purchase price, but are indicated and calculated separately, in addition to the price of the product itself, before the Customer sends the Order, with the total cost of the sale shown last. The total Price is the one summarized at checkout before the Customer sends the Order.

Art. 8 - PROMOTIONS AND PRICE DISCOUNTS

Promotions and discounts applied to Product prices are indicated clearly and transparently, in compliance with applicable legislation, including the provisions of art. 17-bis of the Consumer Code. Each announcement of a Product Price reduction shows, in addition to the promotional price, also the previous price applied to the same product, understood as the lowest price applied in the 30 days prior to the application of the reduction, except for the cases of exclusion provided by Law. Promotions are valid for the expressly indicated period of time and/or while stocks last and cannot be combined with each other, unless otherwise indicated.

Shipping costs are not included in the purchase price, but are indicated and calculated separately, in addition to the price of the product itself, as highlighted above.

Art. 9 - PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

Before submitting the Order, the Customer must review the characteristics, prices and storage and maintenance methods of the Products illustrated in the Product Sheet that they intend to purchase and carefully read and accept these GTCS, printing and/or saving them on another durable medium.

The purchase procedure consists of the following steps:

Product selection and addition to the cart
Cart summary and acceptance of the GTCS
Entry of shipping and billing details
Choice of payment method
Review of the order summary
Submission of the Order by clicking the final checkout button (the wording of which may vary depending on the selected payment method: for example “Pay now”, “Pay with PayPal”, etc.)
Receipt by the Customer of an order receipt confirmation e-mail
Receipt by the Customer of a shipping confirmation e-mail with tracking (moment of completion of the Contract) within 3 (three) working days from receipt of the order

For Customer Account holders, the “Shop” mode is also available, allowing payment to be completed more quickly.

The sales Contract is deemed concluded when the Seller sends the shipping confirmation. The Seller reserves the right not to accept incomplete, untruthful or anomalous orders.

In the event of failure to confirm shipment, the Seller shall provide a full refund of the amount paid by the Customer within 5 (five) working days. Once the credit order has been issued in favor of the Customer, NOOR cannot be held responsible for any delays or omissions in the crediting of the refund amount by the service provider.

The concluded contract shall be stored on the Site in the Customer Area and shall be available to the Customer by accessing their Account in the Customer Area under the “My orders” section.

Art. 10 - PRODUCT AVAILABILITY

The availability of the Products indicated on the Site refers to the actual availability at the time the Customer places the Order. Such availability must nevertheless be considered purely indicative as:

the Products may be sold to other Customers before the order receipt confirmation, due to the simultaneous presence of multiple users on the Site;
an IT anomaly may occur such as to make available for purchase a Product that is not actually available.

If an ordered Product is not available, the Seller shall inform the Customer within 3 (three) working days from receipt of the Order, offering a full refund of the amount already paid within 5 (five) working days.

Art. 11 - PAYMENT METHODS

Payment is managed by the Shopify Services provider under Shopify’s Terms of Service and Privacy Policy and may be made by:

Credit / debit cards (VISA, MasterCard)
Shop Pay
Apple Pay/Google Pay
PayPal

Card data and data relating to other payment methods are managed directly by the Shopify Services provider without passing through the server used by NOOR. NOOR therefore does not collect, store or have access to the data of the payment instrument used by the Customer for the purchase.

Payment is made securely via SSL protocol. Card data are not recorded by the Seller. In the case of payment by card, the charge is made at the time of order confirmation.

If the PayPal method is chosen, where available, the Customer will be redirected to the website www.paypal.com where the Customer will pay for the Products according to the procedure provided and governed by PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with NOOR. NOOR is therefore unable to know and does not store in any way the credit card data linked to the PayPal account, or the data of any other payment instrument connected to that account. The total amount due shall be charged to the Customer by PayPal at the same time as the conclusion of the online Contract. In the event of a refund, for any reason, the refund amount in favor of the Customer shall be credited to their PayPal account. The crediting times to the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the credit order has been issued in favor of that account, NOOR cannot be held responsible for any delays or omissions in the crediting of the refund amount

Art. 12 - DELIVERY AND SHIPPING

The delivery of the Product/s purchased on the Site is carried out exclusively within the territory of Italy, excluding the Republic of San Marino and the Vatican City State. Such delivery shall be made to the address indicated by the Customer when placing the Order, only after the regular payment of the Product to the Seller has been made. Under no circumstances is early delivery of the Products before payment of the total amount due provided for.

Orders will be processed within 3 (three) working days from payment. Orders placed on holidays or weekends will be processed starting from the first following working day. Once the Order has been shipped, the Customer will also receive the tracking code in the shipping confirmation e-mail to monitor the delivery status.

Shipments are made by the national courier GLS.

The shipping costs are:

10.00 Euro for orders with an amount lower than Euro 200.00
FREE for orders with an amount equal to or greater than Euro 200.00

The delivery times are indicative and not binding and are:

for standard Orders, 3-5 (three-five) working days

It is in any case understood that the Product/s shall be delivered no later than 30 (thirty) days from the conclusion of the sales contract.

In the event of absence at the delivery address of the recipient or their delegate, the courier will leave a notice and the goods must be collected by the Customer or by their delegate at the collection point indicated by GLS within 5 (five) working days.

If the parcel is returned to the sender due to failed delivery attributable to the Customer (incorrect address, unavailability, failure to collect), the costs of a new shipment shall be borne by the Customer.

The risk of loss or damage to the goods passes to the Customer at the time of physical delivery to the Customer or to their delegate. At the time of delivery, the Customer or their delegate is required to verify: (a) that the number of packages corresponds to what is indicated in the transport document; (b) that the packaging is intact. If any anomalies are detected, the Customer must add a written reservation on the courier’s document and report the incident to the Seller within 24 hours by e-mail to info@chiaranoia.com, providing suitable photographic documentation proving said anomalies.

Art. 13 - LIABILITY

The Seller assumes no liability for service disruptions attributable to force majeure events such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics and other similar events that prevent, in whole or in part, performance of the contract within the agreed times. The Seller shall not be liable for damages, losses and costs suffered as a result of non-performance of the Contract due to the causes mentioned above, the Customer being entitled only to a refund of the price paid.

The Seller is not responsible for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment at the time of payment for the purchased Products. Indeed, at no time during the purchase procedure is the Seller able to know the Customer’s credit card number since, through a protected connection, it is transmitted directly to the payment provider.

The Seller is not liable for deterioration, oxidation or alterations of the Products resulting from: i) contact with chlorine, salt, perfumes, cosmetics, detergents, alcohol, solvents or abrasive products; ii) improper or non-compliant use; iii) failure to comply with storage instructions; iv) interventions by unauthorized third parties.

The essential characteristics of the Products, including the composition of the materials, are presented on the Site within each product sheet. The Seller is therefore not responsible for any individual allergies to the materials.

Art. 14 - CUSTOMER OBLIGATIONS

Please note that purchases for commercial purposes cannot be made on this Site. The Seller reserves the right to refuse the Order where it detects non-private use of the purchase.

It is strictly forbidden for persons under the age of 18 to conclude an Order on the Site.

The data entered during the purchase phase must be exclusively the real and personal data of the Customer and not of third parties, nor fictitious data. The Seller reserves the right to take legal action against any violation and abuse, in the interest and for the protection of consumers.

The Customer releases the Seller from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided, the Customer being solely responsible for their correct entry.

Art. 15 - RIGHT AND METHODS OF WITHDRAWAL

Pursuant to arts. 52 et seq. of the Consumer Code, the Consumer has the right to withdraw from the purchase contract without any penalty and without any obligation to specify the reasons within the term of 14 (fourteen) days starting from receipt of the purchased Products.

15.1 How To Exercise Withdrawal

To exercise the right of withdrawal, the Customer must make an explicit statement of their intention to withdraw, through one of the following channels:

by accessing the Customer Area in their Account, the Customer may exercise the right of withdrawal by completing and sending the online withdrawal statement through the “Withdrawal” function according to the procedure indicated therein;
by using the Withdrawal Form set out at the bottom of these conditions (or available in the Customer area of the Site) or, alternatively, by making a written withdrawal statement - including the details of the purchase made by the Customer (indication of the Products for which the Customer intends to exercise the right of withdrawal and the order number resulting from the Shipping Confirmation), the indication of the date on which the Products were received and the Customer’s first name, last name and address - to be sent by email to info@chiaranoia.com, or by registered letter with return receipt to NOOR S.r.l. Via Mantova 79 – 25123 BRESCIA;

15.2 Return Of The Product

After communicating the intention to withdraw, the Customer must return the Products to NOOR S.r.l. (at the following address: Via Mantova 79, 25121 Brescia – Italy), without undue delay and in any case within 14 (fourteen days) from the date on which they communicated to the Seller their decision to withdraw from the contract.

The Products must be returned under the following conditions:

intact, unused, without any alteration, in their original packaging complete with all its parts, perfectly clean and with all accessories and documentation;
preferably placed in an external box to protect the original packaging.

The integrity of the product to be returned is an essential condition for exercising the right of withdrawal. Damaged returns, or returns showing signs of wear, will not be accepted.

It is specified that, in the event of exercise of the right of withdrawal, the Customer shall be required to bear the costs for returning the Returned Products to the Seller.

15.3 Refund

The Seller shall refund the full price paid (including the original shipping costs, but not the return shipping costs) within 14 (fourteen) days starting from the day on which the Customer communicated to the Seller their decision to withdraw from the Contract. The Seller shall withhold the refund until it has received the Products, or until the Customer has fully demonstrated that they have shipped back the Products, whichever situation occurs first.

If the right of withdrawal is exercised without complying with the terms and methods set out in the previous art. 15.2, the Customer shall not be entitled to any refund. Within 10 (ten) days from the sending of the e-mail by which the Customer will be informed of the non-acceptance of the return and the related reasons, the Customer may choose to receive back, at their own expense, the returned Products. Otherwise, the Seller may lawfully retain the returned Product, in addition to the amounts already paid for their purchase.

The Seller shall make the refund using the same means or method of payment used by the Customer for the purchase of the returned products. For legal reasons, the Seller may not in any way make a refund to a credit card other than the one used for the purchase.

Art. 16 - LEGAL WARRANTY AND CONFORMITY

The Seller is responsible for any lack of conformity of the Products existing at the time of delivery of the Product and which becomes apparent within 24 (twenty-four) months from that time. The following are excluded from the warranty: i) normal wear and tear of the Products; ii) damage to the Products caused by improper use; iii) contact of the Products with perfumes, cosmetics, chlorine, salt, alcohol, detergents, solvents or abrasive products; iv) failure to properly maintain the Products; v) failure to properly store the Products in dry places.

This warranty is valid under the following conditions: a) the defect appears within 24 (twenty-four) months from the date of delivery of the Products; b) the Customer presents the purchase commercial document/invoice.

The action aimed at enforcing defects not fraudulently concealed by the seller shall in any case be time-barred within 26 (twenty-six) months from delivery of the Product.

If the lack of conformity of the purchased Products has been ascertained by the Seller, the Customer shall have the right to obtain, without additional costs, a refund of the amount paid for the purchase of the Products or one of the remedies provided for and governed by the Consumer Code.

All costs for returning Products recognized as defective shall be borne by the Seller.

Art. 17 - COMPLAINTS

For any complaint, the Customer may contact Customer Service at info@chiaranoia.com or send a WhatsApp message to the number 389.9261914. The Seller undertakes to respond within 3 (three) working days.

Art. 18 - APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

The Contract and these General Terms and Conditions of Sale are governed by Italian Law.

Since the Customer qualifies as a Consumer, the territorially competent Judge is that of the place of domicile or residence of the Customer.

Without prejudice to the fact that the Seller is always available to find a solution with the Customer, in any case, for the resolution of disputes that may arise, it is possible to resort to the out-of-court dispute resolution procedures referred to in Part V, Title II-bis of the Consumer Code, before consumer mediation bodies registered in the special section of the lists of civil mediators referred to in Italian Legislative Decree 28/2010 and other alternative dispute resolution bodies provided for therein, the lists of which are available on the websites of the Ministry of Justice and the Ministry of Enterprises and Made in Italy.

Art. 19 - PROCESSING OF PERSONAL DATA (Privacy)

The Customer is invited to carefully read the information notice on the processing of personal data (Privacy Notice) provided pursuant to arts. 13 and 14 of EU Regulation 2016/679 (GDPR) and the Privacy Code, as well as the information notice on the use of cookies also pursuant to art. 122 of the Privacy Code, available on the dedicated page of the Site, and to express consent to processing where required.

Art. 20 - AMENDMENT AND UPDATE

These General Terms and Conditions of Sale may be amended at any time. The Customer shall be required to accept exclusively the General Terms and Conditions of Sale in force at the time of purchase. The new versions of the General Terms and Conditions of Sale shall be effective from the date of their publication on the Site and in relation to Orders submitted after that date.

WITHDRAWAL FORM

The Customer may complete and send this form if they intend to exercise the right of withdrawal referred to in the previous article 15.

To
Noor S.r.l.
Via Mantova 79
25123 Brescia – Italy
e-mail info@chiaranoia.com
or Registered Letter with Return Receipt

NOTICE OF EXERCISE OF THE RIGHT OF WITHDRAWAL

I hereby, …….. (enter the consumer’s name (*)), notify my withdrawal from my sales contract for the following goods……… (describe the goods (*)) — ordered on …. (enter the number and date of the Order contained in the Receipt Confirmation (*)) and received on ……….(enter Product delivery date ( *) ).
Name of the consumer………..
Address of the consumer(s)…………..
Signature of the consumer(s)………….
Date
(*) Delete as appropriate