Terms of service

GENERAL TERMS AND CONDITIONS OF ONLINE SALE (GTC) – “RAELE” BRAND

Art. 1 – Scope of Application and Definitions

These General Terms and Conditions (hereinafter the “GTC”) govern all distance sales relating to products bearing the EU-registered trademark Raele (hereinafter the “Products”), concluded through the e-commerce platform available at https://raele.it (hereinafter the “Site”) between Metaline S.r.l., with registered office in Borgo San Lorenzo (FI), Via Delle Fornaci 18/22, VAT No. 07361090488, certified email (PEC) address metaline.srls@pec.it (hereinafter the “Seller”), and an end consumer (hereinafter the “Consumer”).

For the purposes of these GTC, “Consumer” means any natural person acting for purposes outside any entrepreneurial, commercial, craft or professional activity they may carry out, who is resident or domiciled in the territory of the European Union, pursuant to Directive 2011/83/EU.

The Seller reserves the right to amend these GTC at any time. Any amendments shall apply exclusively to orders placed after the date of publication on the Site.

Art. 2 – Intellectual Property and Trademark Protection

The European trademark “Raele”, as well as all figurative and word marks, designs, models, patents, texts, photographs, technical data sheets and logos appearing on the Site, are and remain the exclusive property of the Seller or its licensors.

The Consumer and any third party are expressly prohibited from reproducing, copying, counterfeiting, downloading or using in any form the aforementioned intellectual property rights without the prior written consent of the Seller.

Art. 3 – Product Characteristics, Artisanal Tolerances and Display Notices

The Products offered for sale on the Site are high-end costume jewellery items, the essential characteristics of which are detailed in each product page.

Aesthetic and lighting tolerances: The Consumer acknowledges that the images and colours of the Products published on the Site may not correspond exactly to the real ones, due to the digital settings of monitors, the browsers used, or the balance of photographic lighting. Minor variations in colour or in the reflections of stones, crystals or metal surfaces do not constitute a lack of conformity, but are inherent characteristics of the Product.

Artisanal workmanship: As the Products are in part hand-finished, minor misalignments or millimetric surface imperfections are to be regarded as elements of the uniqueness of the jewel and not as manufacturing defects.

Art. 4 – Product Safety, REACH Compliance and Allergy Warnings

The Seller guarantees that all Products made of brass and metal alloys comply with the chemical safety requirements of Regulation (EC) No 1907/2006 (REACH Regulation), with specific reference to the migration rate limits for Nickel, Lead and Cadmium set out in Annex XVII.

Products described as “hypoallergenic” or “nickel-free” comply with the standards of the harmonised standard EN 1811 (release threshold below 0.5 µg/cm²/week for prolonged skin contact and 0.2 µg/cm²/week for components intended for ear piercing).

The Seller accepts no liability for skin reactions, contact allergies, inflammation or dermatitis resulting from the Consumer’s individual and specific clinical hypersensitivity to metal components or alloys (e.g. copper, zinc, or trace amounts of nickel within legal limits). It is the Consumer’s responsibility to check the composition of the Product in advance, as stated in the technical data sheet.

Art. 5 – Contract Formation Procedure and Manifest Error Clause

The display of Products on the Site constitutes an invitation to make an offer. The submission of the order by the Consumer through the “point and click” mechanism (the “Order with Obligation to Pay” button) constitutes a contractual purchase offer.

The contract is deemed formed and concluded solely when the Seller sends the Consumer, to the email address provided, the Shipping Confirmation of the Product. The mere automatic “Order Received” email does not constitute acceptance of the offer.

Manifest error clause: If, due to technical anomalies or system bugs, a Product is displayed on the Site at a price that is clearly negligible, disproportionate or incorrect compared to its market value (a recognisable obvious error), the Seller reserves the right not to fulfil the order, to cancel it and to fully refund the amounts paid by the Consumer, without the Consumer being able to claim specific performance of the contract.

Art. 6 – Prices, Currency and Taxation (Intra-EU OSS Regime)

All Product prices are expressed in Euro (€) and include VAT.

In accordance with European e-commerce legislation and the VAT One Stop Shop (OSS) regime, the VAT rate applied to the order will be the one in force in the European Union Member State of the physical destination of the shipment (the Consumer’s residence/domicile). Prices displayed in the catalogue may therefore be recalculated in the final cart summary according to the selected shipping country.

For shipments to non-EU countries (including, by way of example, the United Kingdom and Switzerland), the price is exclusive of VAT. Any customs duties, import taxes and local clearance charges provided for by the legislation of the destination country are entirely and exclusively borne by the Consumer and must be paid directly to the carrier upon delivery.

Art. 7 – Shipping, Insurance and Transfer of Risk

Deliveries are made via specialised carriers within the estimated timeframes indicated at checkout, and in any case no later than the statutory limit of thirty (30) days from the conclusion of the contract.

In accordance with Article 20 of Directive 2011/83/EU, the risk of loss or damage to the Products passes to the Consumer only when the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the Product.

The Seller insures the goods against theft and damage during transport at no mandatory additional charge to the Consumer, transit insurance being an ancillary obligation of the trader in order to ensure the proper delivery of the goods.

Art. 8 – European Right of Withdrawal, Returns Policy and Depreciation

The Consumer has the right to withdraw from the contract within fourteen (14) days without having to provide any reason. The withdrawal period expires 14 days after the day on which the Consumer or a third party acquires physical possession of the goods.

To exercise the right of withdrawal, the Consumer may use the dedicated digital withdrawal button available in the account area of the Site (in accordance with the rules on the digitalisation of withdrawals), or send an explicit statement by email or certified email (PEC).

Integrity Conditions and Single-Use Seal Mechanism: Each Raele-branded Product is shipped with a dedicated single-use warranty seal and an inseparable security thread, which form an integral part of the item. The Consumer is entitled to wear the jewel solely to check its size and aesthetic appearance (mere trying on). Removing, cutting, breaking or tampering with the single-use seal constitutes handling beyond what is necessary to establish the nature and characteristics of the Product (pursuant to Article 14(2) of Directive 2011/83/EU). Breaking the seal makes it impossible to put the Product back on the market as a new item, resulting in a depreciation of the item equal to 100% of its value, with the consequent exclusion of any refund.

Exclusion for Customised Products: Pursuant to Article 16(c) of Directive 2011/83/EU, the right of withdrawal is entirely excluded for Products made to the Consumer’s specifications or clearly personalised at the Consumer’s request (e.g. jewellery with personalised laser engravings, chain length variants made to order on an ad hoc basis).

Return costs: The shipping costs for returning the Product in the event of withdrawal remain the responsibility of the consumer.

Art. 9 – Legal Guarantee of Conformity (EU Directive 2019/771)

All Products sold are covered by the Legal Guarantee of Conformity of twenty-four (24) months from the date of delivery of the goods, in accordance with Directive (EU) 2019/771.

The lack of conformity must be reported to the Seller within the forfeiture and limitation periods established by the applicable law. Unless proven otherwise, any lack of conformity that becomes apparent within one year [or two years, depending on the national transposition in the Consumer’s Member State] of delivery of the goods is presumed to have existed at that date.

Exclusions from the Guarantee: An original lack of conformity cannot be established, and the Legal Guarantee therefore does not apply, for defects caused by:

a) Natural surface oxidation of metals (silver, brass, plating) resulting from contact with external agents such as acidic body sweat, perfumes, thermal waters, chlorine, salt water, cosmetics or ambient humidity;

b) Scratches, impacts, broken chains or detachment of crystals/stones caused by negligence, accidental drops, improper use or use not in accordance with the “Jewellery Care Instructions” published on the Site;

c) Repairs or structural alterations carried out by third-party workshops not authorised by the Seller.

In the event of a proven lack of conformity, the Consumer is entitled to have conformity restored by free repair or replacement, or to a proportionate price reduction or termination of the contract, according to the hierarchy of remedies set out in Directive (EU) 2019/771.

Art. 10 – Applicable Law, Jurisdiction and Competent Court

These GTC and the contracts governed by them are governed by Italian law.

Pursuant to Article 6(2) of Regulation (EC) No 593/2008 (Rome I Regulation), the choice of law in the preceding paragraph shall not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country where the Consumer habitually resides, where these are more favourable or protective.

Any civil dispute relating to the interpretation, validity, performance or termination of contracts concluded under these GTC shall be subject to the exclusive jurisdiction of the court of the Consumer’s place of residence or domicile, in accordance with Articles 17 and 18 of Regulation (EU) No 1215/2012 (Brussels I Recast Regulation).

Art. 11 – Alternative Dispute Resolution (ADR/ODR)

Pursuant to Article 14 of Regulation (EU) No 524/2013, the Seller informs the Consumer that the European Commission has established an online platform for the out-of-court online resolution of disputes (ODR – Online Dispute Resolution) arising from distance contracts.