Terms of Sale
This website is managed by Jadea Srl - a single-member company subject to the management and coordination of HOLDING JADEA Srl
The terms “we” and “our” within the site refer to Jadea Srl
Jadea Srl offers you this website with all the information, tools and services available therein provided that you, as a user, accept all the terms, conditions, information and warnings reported here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Sale”, “Terms”), which include those additional terms, conditions and notices referenced herein and/or available through
hyperlink. These Terms and Conditions of Service apply to all users of the site, including but not limited to visitors, vendors, customers, merchants, and/or commenters and other content.
Please read these Terms and Conditions of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes is deemed
upon acceptance of such changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.
DEFINITIONS
The term “Site” refers to the web page www.jadea.it.
The term “Seller” means Jadea Srl VAT number 11550450966 with headquarters in Milan at Via dell'Annunciata, 27 and operational headquarters in Andria (BT), which acts within the framework of commercial, industrial, artisanal or professional activity and offers the goods through the website of which it is the owner.
The term “Customer” refers to the person making the purchase referred to in this contract.
The term “User” means the natural or legal person who has access to the Site (as defined above), including through the registration procedure and creation of an account.
The term “Consumer” means any natural person who makes purchases for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out.
The expression “Distance communication techniques” means any means which, without the physical and simultaneous presence of the Seller and the Buyer, can be used to conclude the contract between the said parties.
The term “Online Sales Contract” means the sales contract relating to the Seller's tangible movable goods, stipulated between the Seller and the Buyer within the scope of a remote sales system via electronic tools, organised by the Seller.
Art.1 - TERMS AND CONDITIONS OF THE ONLINE STORE
With this contract, respectively, the Seller sells to the Customer who purchases remotely via telematic tools the tangible movable goods indicated and offered for sale on the website www.jadea.it.
By accepting these Terms and Conditions of Sale, you represent that you are at least the age of majority in your state, and you have authorized us to allow any of your minor dependents to use this site.
Our Service is for personal use only and not for business purposes.
The offer and sale of products via the Site constitute a distance contract governed by articles 45 et seq. of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and Legislative Decree no. 70 of 9 April 2003, containing the rules of electronic commerce.
REGISTRATION
Registration on the Site and exclusive method of entering into the contract
Creating an account on our site is free.
This can be done by registering on the Site and accepting the "Terms and conditions of sale" (available online via the appropriate link located in the footer of the site itself) or (in the event that the User has downloaded the application possibly available for mobile devices called "APP" via
APP registration.
In the event that the User has already registered with the APP or has, in any case, already created a personal account, the User may access the services offered by the Site by entering the authentication credentials of the account already in his possession in the login form.
To create an account by registering on the Site, the User must fill out a specific form, which will indicate the mandatory and, where applicable, optional data, by entering: name, surname, date of birth, address, telephone number, e-mail address and password; once this phase is completed, the User must click on the "Register" button. At the end of this procedure, the User will receive the so-called "Registration Credentials" (username and password) to the e-mail address indicated at the time of registration, which will be necessary for
access to the purchase operations of the products offered on the Site.
In order to verify the existence of the minimum age required by law, the date of birth must be entered. It is up to the Seller, without prejudice to legal obligations, to evaluate whether or not to proceed with the conclusion of the contract based on the age of the Buyer and the nature of the purchase.
The creation of an account allows the User who intends to proceed with the purchase of consumer goods through the Seller's website, to carry out directly through that website, among other things, the following activities:
a) saving and modifying your personal data;
b) access to all information relating to orders;
c) management of your personal data and updating at any time;
d) use of dedicated services that may be activated from time to time (e.g. viewing your “wish list”, etc.).
The registered User guarantees that the information provided during the registration process is complete, correct and truthful. The User undertakes to hold Jadea harmless and indemnified from any damage, compensation obligation and/or sanction arising from or in any way connected to the violation by the User of the
rules on registration on the Site or on the storage of Registration Credentials.
The User is therefore exclusively responsible for accessing the Site using his/her Registration Credentials and is directly liable for any damage or prejudice caused to Jadea or third parties by improper use, loss, misappropriation by others or failure to protect adequate confidentiality of his/her registration credentials. All operations carried out using the Registration Credentials are considered to have been carried out by the User to whom they refer.
By registering on the site, the User agrees to receive communications from Jadea, aimed at the execution of this contract. The User may request at any time not to receive further communications via email while maintaining the possibility of accessing and using the Site.
Jadea reserves the right to refuse, at its sole discretion, the registration of a User on the Site.
Jadea reserves the right not to accept orders, from whomever they may come, that appear anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site, as well as in relation to the improper or suspicious use of gift vouchers.
The User may cancel his/her registration at any time by filling out the appropriate form and sending a specific communication to the following email address: privacy@jadea.it.
The contract between Jadea and the Customer is concluded exclusively through the Internet by the User accessing the address www.jadea.it where, following the procedures indicated, the Customer will formalize the proposal for the purchase of the goods indicated in the point.
ORDER PROCEDURE
To purchase Products on our site, you can register, or log in as a guest, and proceed to insert the selected Product(s) into the Cart, select the type of shipping, the chosen payment method and, finally, confirm the purchase. Once these operations are completed, a screen containing the summary of the purchase order will be displayed with the need to confirm that you have read these Conditions of Sale.
Afterwards, you will confirm the order by clicking on the appropriate button: “Confirm Order”
The order is not finalized until the entire procedure is completed and it is, therefore, possible to abandon or modify the cart at any time up until the specific forwarding.
ORDER and ACCEPTANCE
Once the order is confirmed, the customer will receive a confirmation email to the email address provided during the registration or purchase procedure, containing the summary of his order.
The moment of conclusion of the contract is the moment in which the order sent electronically by the consumer user arrives on our site's server.
Once the package has been shipped, the Customer will no longer be able to modify the shipping data.
Jadea reserves the right to cancel/refuse any order from a Customer with whom there has been a dispute regarding the payment of a previous order, who has refused a delivery without giving a reason/explanation or who presents any form of risk for the company.
In the event of cancellation of an order, paid via Paypal, not yet shipped, Jadea reserves the right to deduct the cost of the fee applied by Paypal for the single transaction.
Contract Storage: The order form will be stored in our server spaces for the time necessary to execute it and, in any case, within the terms of the law. The user may access the order form and/or the data relating to it through his/her personal account.
SHIPPING COSTS
Shipping costs are €5.90. For orders over €49.90, shipping is free throughout Italy.
PRICES
All prices shown on the site are inclusive of VAT at 22% and expressed in euros.
The total price resulting at the end of the purchase procedure includes shipping costs.
Prices for our products are subject to change without notice.
PAYMENT METHODS:
You can choose between 4 different payment methods:
PAYPAL is a payment method that allows the customer to send the payment free of charge and safely.
GOOGLE PAY
SHOP PAY
CREDIT CARD
You can pay by Credit Card with Visa, MasterCard, Maestro
PAYMENT SECURITY
Jadea cares about the security of your banking data, therefore, we are committed with all possible means to ensure the security and confidentiality of the data transmitted on the web and on our site. For this reason, we use the Shopify Payment system for credit card transactions, which adheres to the international standards PCIDSS (Payment Card Industry Data Security Standards) and uses sophisticated technology against cybercrime.
LEGAL GUARANTEE
All products offered through the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code (so-called “Legal Guarantee”).
The main features of each individual product are described on the product page itself. The customer is obliged to read the features described, as the products in the catalog may not correspond exactly to the real ones, in terms of image and colors due to the browser or the type of monitor used.
We will not be liable if information made available on our site is not accurate, complete or current.
To avail of the product guarantee, it is necessary to keep the waybill delivered with the products and contact our offices from Monday to Friday by email: servizioclienti@jadea.it
The product warranty conditions, without prejudice to the rights recognized to the consumer, pursuant to and for the purposes of art. 128 and following of Legislative Decree of 6 September 2005 n. 206 called - Consumer Code - run from the date of delivery.
COMMENTS, FEEDBACK AND OTHER MATERIALS SUBMITTED
If you send us, online, by email, by postal mail, or otherwise, certain materials (collectively, “comments”) — for example, at our request, contest entries, or without a request from us, creative ideas, suggestions, proposals, plans, or other materials — you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.
We may (but have no obligation to) monitor, edit and remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You are solely responsible for any comments you submit and their accuracy. We do not assume and will not have any liability for any comments posted by you or any third-party.
AFTER SALES
We are always at your disposal for any information and question and will respond as soon as possible to any doubt or complaint. (no later than 5 working days). Contact customer service by sending an email to: servizioclienti@jadea.it
BILLING
The material travels with the waybill. If you wish to receive the invoice at the time of purchase, click on "request invoice" and fill in the required data. The customer can also specify shipping data for the goods that are different from the billing data.
PRODUCT AVAILABILITY
For most products, shipping from our office is generally done within the following 48 hours (excluding Saturday and Sunday). Sometimes the finding of some items may cause a delay in shipping of a few additional days, in which case you will be notified.
SHIPPING AND DELIVERY
The shipment is entrusted to the carrier appointed by Jadea (within 48 hours) who delivers within 3 working days following the day of shipment (from Monday to Friday). Islands and remote locations will require 1 or 2 additional days (depending on the area).
You will be notified by email when your order leaves; this email will specify the identifiers of your package to be able to monitor the shipment directly on the courier's website.
Important: to facilitate the Courier in the delivery, when you fill out your order indicate in the Notes the name on the intercom if different from the one indicated in the order, if there is an internal number (e.g. int. 5, staircase B) or anything else that can avoid any problems for the Courier in the delivery.
In the event that the carrier is unable to meet these deadlines, we will still give you timely notice by email.
Regarding the treatment of products damaged during transport, all responsibility is attributable to the Express Courier who handled the delivery. Sign with reservation of verification if you notice that the package is damaged or open.
In the event of failure to collect the goods or failure to deliver due to an event not attributable to Jadea or the Courier, the shipping and return costs of the purchased products are the responsibility of the Customer.
RIGHT OF WITHDRAWAL
Pursuant to art. 52 of the Consumer Code, the customer has the right to withdraw from the order with the exception of items that are not suitable for return for hygiene reasons as per Legislative Decree 206/2005 art. 59, letter e (underwear, bodysuits, costumes, outfits, etc.). To withdraw from the purchase, you must communicate this intention no later than 14 days after receiving the purchased products, using the "request return" button in the order summary section. Our Customer Service will respond by email authorizing the return of the goods.
The customer is required to send the goods via courier and at his own expense, within 14 days, as they were received, that is, absolutely new, unused, complete with all their parts and in the original packaging (envelopes and boxes), placing them in suitable packaging in order to guarantee their integrity during transport. Failure to comply with these principles makes the right of withdrawal inapplicable. Within 14 days of receiving the goods, Jadea will refund the exact amount (excluding shipping costs) that the customer paid for the purchase of the goods ordered (minus any discounts, for which the right to use them lapses, if the amount for reaching the discount target is not effective; for example, free shipping above 49.90 euros of expenditure). The refund is made in the same manner used by the buyer.
The only expense that the customer must bear, therefore, to avail of the right of withdrawal, is the courier transport cost for sending the goods to our office. The goods travel at the Customer's risk.
Therefore, in the event of loss of the package, subject to withdrawal, JADEA will not be obliged to refund.
IMPORTANT: THE GOODS MUST BE IN PERFECT CONDITION, (both the original packaging and the item inside) SENT TO US IN PACKAGING SUITABLE FOR THE PROTECTION OF THE ITEMS. We reserve the right
to reject the goods if you do not comply with the above conditions.
RETURNS
The cost of return shipping is borne by the customer and costs €4.90.
The goods must be returned in perfect initial condition, not worn or washed and complete with original packaging and labels.
Jadea will refund the price of the purchased goods (excluding return shipping costs of €4.90 for Italy and €15 for EU countries) within and no later than 14 days from the delivery date.
In the event of a negative outcome, no refund will be credited and you will be sent an email with the reason for the refusal. The goods may also be thrown away or retained by our quality control, without being returned. We may therefore legitimately retain the returned products, in addition to the sums already paid for their purchase.
LOYALTY POINTS - DISCOUNTS
Discount Coupons are not transferable or convertible into cash and cannot be resold.
Loyalty points can be converted into discount vouchers within 120 days of their assignment.
After this deadline they are considered expired.
Art. 2 PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
Art. 3 INTELLECTUAL PROPERTY RIGHTS
All contents, in any format, published on the Site, including web pages, graphics, colors, schemes, tools, characters and the design of the website, diagrams, layout, methods, processes, functions and software that are part of the Site, are protected by copyright and any other property right.
intellectual property belonging to the Seller and any other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited without the express written consent of the Seller. The Seller has the exclusive right to authorize or prohibit direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents.
With respect to your use of the Site, you are solely authorized to:
a) view the website www.jadea.it and its contents;
b) carry out all those other temporary reproduction acts, devoid of their own economic significance, which are considered transitory or accessory, an integral and essential part of the same visualization of the site and its contents.
contents;
c) all other navigation operations on the Site that are performed only for a legitimate use of the same and its contents.
The Jadea brand, as well as all the figurative and non-figurative brands and more generally all the other brands, illustrations, images and logos present on the Seller's products, on the related accessories and/or packaging, whether registered or not, are and remain the exclusive property of Jadea. The reproduction
total or partial, the modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without our prior express agreement are absolutely prohibited. This clause is not applicable to the private use of products purchased through the Site. Furthermore, any combination of the aforementioned trademarks and other trademarks, symbols, logos and more generally any distinctive sign suitable for creating a composite logo is prohibited. Registered trademarks and Logos belong to their respective owners.
It is expressly forbidden to reproduce or publish even partially the images, texts, graphics. Any unauthorized abuse will be reported and prosecuted according to the laws in force.
ART. 4 METHODS OF STORAGE OF THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital form on the server provided by Shopify, according to confidentiality and security criteria.
Art. 5 SELLER'S RESPONSIBILITY
Jadea assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.
Jadea cannot be held liable towards the Customer, except in cases of fraud or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control.
Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, without prejudice to the Buyer's right to a full refund of the price paid and any additional costs incurred.
Jadea assumes no responsibility in the event of any fraudulent or illicit use that may be made by third parties of credit cards or other means of payment, at the time of payment for the products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the
moment and in accordance with ordinary diligence, in full compliance with the legislation in force at the time of purchase.
Art. 6 APPLICABLE LAW AND REFERENCE
This contract concluded through the Site is governed by Italian law.
For anything not expressly provided for herein, the provisions of law applicable to the relationships and situations provided for in this contract shall apply, and in particular art. 5 of the Rome Convention of 1980.
The application to the Consumer Purchaser - who does not have his habitual residence in Italy - of the provisions possibly more favourable and mandatory provided by the law of the country in which he has his habitual residence is reserved, in particular in relation to the deadline for the return of the products, the deadline for the exercise of the right of withdrawal and the methods and formalities of the communication of the same, the deadline for the return of the products, the guarantees of conformity and the methods of assistance.
The Buyer who resides in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00 (two thousand/00 euros).
Art. 7 SETTLEMENT OF DISPUTES
All disputes arising from this contract will be referred to a conciliation attempt at the Mediation Body of the Chamber of Commerce of BARI (BA) and resolved according to the Conciliation Regulations adopted by the same.
If the Buyer is a Consumer and if the legal requirements exist, it is also possible to resort to the alternative dispute resolution bodies referred to in art. 141-ter and 141-decies of the Consumer Code.
Pursuant to Regulation (EU) 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between Consumers and professionals, the so-called ODR (Online Dispute Resolution) procedure is available which can be started by submitting a specific complaint through the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
If the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of the place of residence or elected domicile of the Buyer. This Court is mandatory pursuant to art. 33, paragraph 2, letter u) of the Consumer Code, if the Buyer is a Consumer.
Art. 8 CHANGES TO THE TERMS AND CONDITIONS OF SALE
You can review the most current version of the Terms and Conditions of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. The continuation
of use of or access to the website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Art. 9 GENERAL CLAUSES
The failure to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern purchases made by you, superseding any prior or contemporaneous agreements, communications and proposals.
contemporaneously, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Sale).
In the event that any provision of these Terms and Conditions of Sale is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions.
of the Service, without prejudice to the validity and enforceability of the remaining provisions.
Art. 10 CONTACTS
Written communications (e.g. requests for information) addressed to Jadea, requests for assistance and any complaints will be considered valid only if sent by registered mail or ordinary mail to the following address:
Jadea Srl 76123 Andria (BT) Via SP1 Trani- Andria Km 7,180 or sent via email to the following email address servizioclienti@jadea.it .