Terms and conditions of sale

1. General provisions
   1. These general terms and conditions of sale ("General Terms") apply to your purchases of Teresa Roma branded products ("Products") on the websiteendlessgioielli.com ("Website"), a domain owned by Endless S.r.l., a company incorporated under the laws of Italy with a share capital of Euro 10,000.00, registered with the Chamber of Commerce of Rome with registration number, tax code and VAT No. 15646551000, and having its registered office at Rampa Mignanelli 10-00187 Rome, Italy.
   2. The sale of Products under these General Terms and Conditions is only permitted to consumers, i.e. natural persons purchasing for personal consumption (i.e. acting for purposes unrelated to their trade, business, craft or profession and not for profit), who are over 18 years of age and have the legal capacity to enter into a Contract in their own country.
   3. Before placing an order for Products, you will be asked to accept these General Terms and Conditions and the Website Terms and Conditions of Use ("TOU"). We therefore recommend that you read these documents, and in particular these Terms and Conditions, carefully before making any purchase and that you save or print them for future reference. If you do not agree to these Terms and Conditions, the TOU and our Privacy Policy, you will not be able to order Products from the Website.
   4. We reserve the right to change or update these Terms and Conditions, in whole or in part, without prior notice. We will post the most current version of the Terms and Conditions on this Website and will indicate the "Last Updated" date to reflect the date of the changes as the effective date of such changes. Any changes to these Terms and Conditions will apply only to orders placed on or after the effective date.
   5. These Terms and Conditions should be read in conjunction with our Privacy Policy , which explains how we use your personal data, and our Cookie Policy .
2. Product information and availability
   1. Information on the Products (including the relevant Product codes) and their prices is available on the Website.
   2. The Products available on the Website are generally a selection of the items normally available in shops. However, some Products may be available exclusively on the Website, while other Products may not be available for sale online. It may also happen that some Products cannot be shipped to your country.
   3. The images of the Products published on the Website may differ from the actual Products. In particular, the colours, tone, grain and texture of the Products shown on your screen may vary from the actual Products. Accordingly, you should rely only on the description of the Products and their features as set out on the Website.
   4. We reserve the right, at our sole discretion, to limit the quantities and/or types of Products available on the Website for any one person, household or order. Such restrictions may include orders placed by or through the same account, paid for with the same credit/debit card and/or orders using the same billing and/or delivery address. No more than five (5) identical Products may be purchased in the same order. The maximum number of items per order is twenty (20).
   5. We may change or cease production of a Product or some of its features, as described on the Website, at any time and without notice (this does not affect orders already placed at the time of the change).
   6. If your connection to the Website is interrupted, your selection of Products may be lost. In this case you will be asked to re-enter the selected Products. Please note that the Products in your shopping cart are not reserved and can be purchased by other customers.
3. Prices
   1. The prices of the Products are indicated on the Website in Euros and include VAT and all applicable sales taxes and duties. Prices do not include shipping and customs charges, which, if due, will be added to the price of the Products and will be indicated during the purchase process, before the order is confirmed.
   2. We make every reasonable effort to ensure that all prices of Products shown on the Website are correct. However, errors may occur and the price of the Product may not be correct (incorrect price or typographical error in the price shown).
   3. We reserve the right to change the prices of Products at any time and without notice, but such changes will not apply to Products for which you have already received Acceptance of Order.
4. Conclusion of contract - Order placement
   1. The information about the Products and their prices on the Website is an invitation to offer and does not constitute an offer by us or a unilateral contract.
   2. To purchase Products on the Website, you must follow the instructions provided by the online purchasing procedure: (i) place the selected Products (subject to the restrictions set out in Section 2.4.) in your shopping cart, (ii) fill in your order with your personal information (name, address, e-mail, telephone, delivery/billing address), (iii) select your payment method, (iv) accept these General Terms and Conditions, (v) accept the TOU and (vi) transmit your order via the Website.
      In the event that you create a personal profile on the Website, you are responsible for keeping your password confidential and restricting access to it, and you accept responsibility for all activities and all purchases made through your profile. In the event that you become aware of any misappropriation or unauthorised use of your password, you must inform Endless Srl immediately so that it can take all appropriate action.
   3. Before placing your order you will be given the opportunity to check the items you have chosen, check the total price and correct any errors.
   4. Your order constitutes a binding offer to purchase the selected Products, pursuant to these General Terms and Conditions, without prejudice to your right of withdrawal, pursuant to Article 8 hereof. By submitting your order, you agree to pay the price of the Products ordered.
   5. All orders placed are subject to acceptance by Endless Srl. Once your order has been submitted, Endless will send you a confirmation e-mail ("Order confirmation"). However, the Order Confirmation does not mean that your order has been accepted. Endless may decide not to accept your order for any legitimate reason, in whole or in part, without any liability to you. Below are some examples of non-acceptance of your order:
      1. the Products are not available; or
      2. you do not meet the conditions of eligibility set out in Section 1.3; or
      3. ordered an excessive number of Products (see Section 2.4.); or
      4. Endless fails to obtain authorisation for its payment; or
      5. the price quoted is incorrect; or
      6. for reported or suspected fraudulent, illegal or unauthorised activities, including suspicious purchases for commercial purposes; or
      7. the delivery address you provided is not a valid address; or
      8. has not fulfilled its obligations under a previous contract with Endless.
   6. The Contract between Endless and you will only be deemed to be concluded when you receive an email from us confirming that your order has been dispatched ("Order Acceptance"). The Order Acceptance (or rejection) will be sent to the email address You provided in the order. Details of your accepted orders are available in the "My Account - My Order" section of the Website.
   7. If one or more Products are not available, Endless will contact you to inform you of the unavailability of the Products. You will only be charged the price of the Product(s) that are available.
   8. The Order Confirmation/Acceptance includes the order number, basic information about the Products purchased, the price and the shipping address. Endless will not store an accessible copy of each version of these Terms and Conditions but will send you an email containing the Terms and Conditions applicable to each purchase together with the Order Acknowledgement for your records.
   9. Once Acceptance of the order has been received, it will no longer be possible to cancel or modify the order, unless otherwise indicated in these General Conditions. Products shipped may still be returned, as set out in Article 8 below.
   10. From time to time we may invite you to pre-order selected Products on the Website before they are available for sale in shops or on the Website ("Pre-order Products"). The delivery period of thirty (30) days set out in Section 6.4 does not apply to pre-order Products. You will be advised by Endless of the estimated delivery date of the Pre-Order Goods when you confirm your order.
5. Payment
   1. You will pay for the price of the Products (including any VAT, sales taxes or other applicable taxes), the cost of any additional services ordered by you (e.g. the additional charge for personalised Products), if applicable, and the relevant delivery charges, if any.
   2. Endless accepts payments in the currency specified for the country of destination of the shipment that are made using the payment methods offered to you on the Website before you confirm your order.
   3. Endless will not debit the amount due from you until:
      1. Endless will not have confirmed the availability of the Products;
      2. Endless will not have sent you an Order Acceptance;
      3. Endless will not have received authorisation from the issuing company to withdraw from its card; and
      4. your credit/debit card will not have been verified.
   4. If for any reason your payment cannot be processed, your order will be cancelled by Endless and the Contract will cease immediately without any liability to you. You will then receive written notice from Endless.
   5. You are responsible for any fees or charges levied by your card issuer, bank or other payment institution as a result of Endless processing your credit/debit card payment.
   6. For each order Endless will issue an electronic invoice for the Products purchased, and you consent to this form of invoicing. The electronic invoice is based on the information you provide when placing the order. Once an electronic invoice has been issued, it cannot be changed in any way.
   7. As the purchaser, you represent and warrant that you have lawfully obtained the funds used to make your purchase and that you are not involved in any transaction to conceal the identification, source or destination of the funds used to make your purchase. The Products may only be sold to final consumers for personal consumption. Accordingly, you represent and warrant that you will not make your purchase in connection with any operation or transaction with any legal or natural person that is subject to sanctions by the United Nations, the United States of America or the European Union or that is located in a blacklisted country.
6. Shipping, delivery and collection
   1. The purchased Products can be shipped in Italy, Europe, Switzerland, Asia, Gulf Countries.
   2. Products purchased are shipped via a carrier selected by Endless ("Carrier"). The Goods will be shipped to the address you provide on your order form. Endless is not responsible for shipping problems that may occur as a result of an incomplete or incorrect address provided by you. Please note that Endless does not ship to PO boxes, forwarding addresses or hotels.
   3. The Products purchased will only be dispatched once Endless has received full payment. Should Endless fail to receive full payment for any reason, Endless may delay or refuse to ship the Products, without any liability to you.
   4. Endless will take all reasonable steps to deliver the purchased Goods within the estimated delivery time communicated to you during the checkout process prior to your order confirmation, except in the event of a force majeure event, an event beyond Endless' reasonable control or unforeseeable circumstances. If delivery does not take place within thirty (30) days of Order Acceptance, you are entitled to terminate the Contract and Endless will be obliged to refund to you, without undue delay, the amounts paid under the Contract.
   5. Upon delivery of the Products by the Carrier, you (or your designated representative) must:
      1. check that the number of parcels delivered corresponds to the number indicated on the delivery note;
      2. check that packages and seals are intact, not damaged, damp or otherwise altered;
      3. check that the Products shipped correspond to the characteristics of the style, model, colour, size, etc. of the Products as described in the Order Confirmation/Acceptance, that they do not have obvious defects (including, by way of example, tears, scratches, etc.) and that they are not incomplete;
      4. sign the delivery note.
         Any damage to the packages and/or Products, discrepancies in the number of packages or documentation, lack of conformity or the presence of obvious defects in the Products must be immediately notified in writing on the Carrier's delivery note. To the maximum extent permitted by applicable law, once you have signed the Carrier's delivery note, you will no longer be able to make a claim relating to the packages delivered, on the understanding that you are entitled to make a claim relating to manufacturing defects in the Products, as set out in Article 9 below.
         You can track the status of your shipment by clicking on the link included in Order Acceptance.
7. Risk and ownership
   1. The risk of loss, damage and destruction of the Products shall pass to you when you (or the person indicated by you, other than the carrier) take possession of the Products at the delivery address provided by you.
   2. Ownership of the Products shall pass to you on the date on which the Products are delivered to your delivery address.
8. Right of withdrawal / Returns
   1. You have the right to cancel the Contract if you change your mind or for any other reason within fourteen (14) days from the date on which you (or the person indicated by you) took possession of the Products or, in the case of multiple deliveries for the same order, from the date of the last delivery.
   2. The right of withdrawal does not apply to orders for (i) Products personalised with monograms or engravings, or (ii) other Products for which you have been informed at the time of placing the order that they are non-returnable ("Non-Returnable Products").
   3. To exercise your right of withdrawal, please follow the procedure described on this page. Returns. Alternatively, you may exercise your right to withdraw from the Contract by sending Endless, within the period set out in Section 8.1 above:
      1. the withdrawal form on the Returns page duly completed and signed,
         or
      2. a letter that includes the following information (i) indication of the Products for which you wish to exercise your right of withdrawal; and (ii) the order number,
      3. to the recipient's e-mail address ordini@endlessgioielli.com.
   4. You must send the purchased Goods within fourteen (14) days from the date you notified Endless of your decision to exercise your right of withdrawal in accordance with Section 8.3. above according to the instructions set out on the Returns page.
   5. The Products must be returned in their original condition, unaltered, unused, undamaged, in their original packaging, with the original labels attached and with their accessories, free gifts (if any) and documents (e.g. instruction booklet, Product certificates, etc.), if any, and in an undamaged box.
   6. If a returned Product does not meet the conditions for return as set out in Section 8.5 above, Endless will re-send such Product to the address you provided on the return form or, if this address is not valid, to the address you provided when placing the order. The return will be made within thirty (30) days from the date Endless notified you of the rejection of the returned Products, unless there is an event of force majeure, an event beyond Endless' reasonable control or unforeseeable circumstances.
   7. Endless will refund the amounts paid by you, including shipping costs, if applicable, (except that, with respect to shipping costs, the maximum amount of the refund will be equal to the cost of shipping using the most economical method of shipping offered by Endless) within fourteen (14) days from the date Endless received the Products or on the date you provide proof of return, whichever is earlier. Endless will make the refund using the same method of payment that you used when you placed your initial order. If you have paid for the Products ordered by cash on delivery, where available, please note that a refund cannot be made in cash and will only be made by bank transfer. We also inform you that Endless may reduce the refund on the basis of any devaluation of the Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
   8. Without prejudice to your rights under Article 9, Endless does not offer the possibility to exchange Products purchased online. If you wish to exchange a Product, you must return it and then place a new order.
   9. The provisions of Sections 8.1. to 8.8. shall apply, unless otherwise stated in the Return Policy.
9. Lack of conformity - Production defects
   1. If you find that a Product sold through the Website has manufacturing defects or does not correspond to the description (other than non-conformity with the Order Confirmation/Acceptance or obvious defects that should have been identified at the time of delivery, in accordance with Section 6.5.), you must immediately contact our Customer Service Department using the contact details on the Contact page of the Website to arrange for the repair or replacement of the Product.
   2. Endless is legally obliged to comply with the warranty for lack of conformity of the Products sold by Endless through the Website as provided for by the provisions of Article 129 and following of the Italian Consumer Code, in addition to the warranty for hidden defects contained in Article 1490 and following of the Italian Civil Code.
   3. In case of non-conformity, you will have two (2) years from the date of delivery of the Products to take action. You may request the repair or replacement of the Product in accordance with the conditions set out in Article 130 of the Italian Consumer Code. You are not required to prove the existence of a lack of conformity within twenty-four months from delivery of the Products. Endless offers this warranty in addition to the commercial warranty, if applicable, and the warranty for hidden defects provided for in Article 1490 and following of the Italian Civil Code. You may activate the hidden defects warranty within two (2) years from the discovery of such hidden defect.
   4. Damage, alterations or modifications to the Product caused by you are not considered manufacturing defects or lack of conformity. By way of example, without limitation: damage caused by prolonged use or the wear and tear of time; improper use (such as contact with direct exposure to heat, contact with harmful external agents); normal wear and tear and failure to follow instructions on the care of the Products are not considered manufacturing defects or lack of conformity. Similarly, variations in stone colour, the presence of inclusions or variations in final appearance are inherent to the Product and do not constitute manufacturing defects.
   5. In the event that you request the repair, replacement or return of a Product due to manufacturing defects in accordance with Article 9, Endless shall bear the shipping costs of returning the Products to be repaired, replaced or returned, as well as the costs of sending the repaired or replaced Products back to you.
10. Responsibility
    1. These Terms and Conditions set out the full extent of our obligations and liabilities and the obligations and liabilities of Endless in relation to the sale of the Products. Nothing in these Terms and Conditions is intended to exclude or limit our liability or that of Endless for:
       1. personal injury or death resulting from our negligence or the negligence of Endless;
       2. fraud or fraudulent statements;
       3. breach of obligations under applicable consumer protection laws; or
       4. other legal actions that cannot be limited or excluded under applicable law.
    2. Subject to the above, our total liability and Endless' total liability, which shall be limited solely to direct damages caused by a breach, which you incur in connection with any claim or other legal action arising out of or in connection with these Terms and Conditions and each Contract, shall in no way exceed the price of the Product(s) purchased by you from the Website under the Contract. We and Endless shall not be liable for any damages or losses that were reasonably foreseeable at the time you accepted these Terms and Conditions. We and Endless shall have no liability to you for consequential damages.
    3. We and Endless shall not be liable for any delay or failure to perform our obligations under these Terms and Conditions if the delay or failure is caused by an event of force majeure or is caused by a circumstance beyond our or Endless' reasonable control, including but not limited to the following: governmental action, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military acts or usurpation of power, confiscation, terrorist activities, national strikes, blockades, embargo, interruption or failure of computer, technology, electrical or telecommunications services and failure of third parties (such as our or Endless' suppliers and subcontractors) to perform their obligations to us or Endless.
    4. If you do not meet the conditions of eligibility set out in Article 1, we and Endless shall not be liable to you for any loss or damage that you may suffer.
11. Guarantee of authenticity and intellectual property rights
    1. We guarantee the authenticity of all Products purchased on our Website.
    2. The Endless trademarks, whether figurative or not, service marks, other marks, brand names, logos used on the Products, related accessories and/or packaging, whether registered or not, together with photographs, illustrations, images of the Products, trade names or trade names, domain names and URLs are and remain the exclusive property of us or our licensors and are protected by copyright, trademark and intellectual property laws around the world. We reserve those rights.
12. Entire Agreement
    1. These General Terms and Conditions and the related documents to which express reference is made constitute the entire agreement between us in relation to the sale of the Products, and supersede any prior agreements, understandings or arrangements, whether written or oral.
13. Applicable law and competent jurisdiction
    1. These General Terms and Conditions, and consequently the contracts entered into with the Customers, shall be governed by and construed in accordance with Italian law (without reference to the provisions relating to conflicts of law).
    2. Any disputes arising out of or in connection with these General Terms and Conditions and the Contracts shall be submitted to the exclusive jurisdiction of the competent courts of your place of residence.
    3. Alternatively, you may access the European Online Dispute Resolution Platform provided by the European Commission and available at http://ec.europa.eu/odr, for the out-of-court alternative resolution of disputes that cannot be resolved between you and Endless.
14. Contact
    1. For further information and assistance on the Website, you may contact us in one of the following ways:
       1. By sending a communication to Endless Srl, Rampa Mignanelli 10, 00187 Rome Italy.
       2. Send an e-mail to info@endlessgioielli.com,
       3. or via the Contact page of the Website.
15. Notices
    Notices to be given under these Terms and Conditions or the Contracts must be in writing. We will contact you by email or provide you with information by posting notices on the Website.