GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the sale of merchandise by SHOP.ELANTICHITA.IT to you.

Items bought on SHOP.ELANTICHITA.ITis the site of Gallery ELA ANTICHITÀ S.R.L., (“ELA ANTICHITÀ S.R.L."), Vat. 03945340168. The location of the registered company “ELA Antichità S.r.l. " and "SHOP.ELANTICHITA.IT" is: Italy, Bergamo 24122; Via sant’Orsola 17.

Your use of the "SHOP.ELANTICHITA.IT" " site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale .

For any other information remember that you can always contact ELA ANTICHITÀ S.R.L. by e­mail (info@elaantichita.it or by phone at +39.035.242307.

Remember to check the Contact us section to see our working days and hours and our closing periods . Average time for us to answer your emails is two working days.

For legal information, please refer also to General Terms and Conditions of Rental, General Conditions of Use, Privacy Policy, Return Policy.

  1. Our Business Policy

1.1 ELA Antichità S.r.l. offers products for sale (and rental - see General Terms and Conditions of Rental) on SHOP.ELANTICHITA.IT and its e- commerce business services are available to its users, both private people and dealers.

1.2 These General Terms and Conditions of Sale exclusively regulate the offer,

transmission and acceptance of purchase orders (and rent orders: see General Terms and Conditions of Rental ) relating to products on SHOP.ELANTICHITA.IT between the users of SHOP.ELANTICHITA.IT and Gallery ELA Antichità S.r.l..

 

 

  1. How to Execute a Contract of ACQUISITION with Gallery ELA Antichità S.r.l.

2.1 The submission of orders to Gallery ELA ANTICHITÀ S.R.L. can be done in English or in Italian.

2.2 In order to place an order for the purchase of one or more products on SHOP.ELANTICHITA.IT, you must:

2.2.A Fill out the online the ORDER FORM , and send it electronically to

ELA ANTICHITÀ S.R.L (info@elaantichita.it ) following the relevant instructions.

The ORDER Form contains a link to these General Terms and Conditions of Sale, General Conditions of Use, Privacy Policy, Payments, Return Policy, Shipping section, where you will find the detailed costs of delivery according to weight, value and country of destination. The ORDER also contains information on the main characteristics of each product you choose to buy and the relevant unit cost (which is indicated as the Tax base for foreign customers living outside of European

Community Countries and dealers from the European Community with a registered TVA number), an estimate of the shipping and insurance costs.

2.2.B ELA ANTICHITÀ S.R.L within two working days will confirm to you by email through our ORDER CONFIRMATION if the product you ordered is available. This confirmation contains information on the main characteristics of each product ordered and the relevant unit cost (including VAT or without VAT according to the personal information you have given us through the order form); and in the case you've chosen to pay with PayPal the link to PayPal's sign up procedures, and shipping and delivery terms for the booked products, with precise costs calculated on the base of the amount of insurance referred to the value of the piece/s, the item's weight and the country of destination.

2.2.D Before proceeding with the purchase of the products on SHOP.ELANTICHITA.IT by sending the Order Form via email (info@elaantichita.it ) you will be asked to:

2.2.D.1 carefully read these General Terms and Conditions of Sale, accept them by crossing for acceptance the appropriate box, print a copy using the print optionand save or reproduce a copy thereof for your own personal use. 2.2.D.2 to identify and control possible input errors.

2.2.E Once we get the credit for your payment, we will confirm to you by email that the contract between you and ELA Antichità S.r.l. has been

executed. In this confirmation we will be sending a copy of ELA Antichità S.r.l.'s invoice for what you bought including shipping and insurance costs, the tracking number for the parcel containing your order and the expected time for its delivery.

2.2.F Your Order Form will be processed and filed in our data base for the time required to process your order and as provided by law.

2. 3 ELA ANTICHITÀ S.R.L. may not process purchase orders when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect. In the above cases, we shall inform you by e-mail that the contract has not been executed and that ELA ANTICHITÀ S.R.L. has not carried out your purchase order specifying the reasons thereof.

2.4 By submitting by e-mail (info@elaantichita.it) an Order Form to ELA ANTICHITÀ S.R.L., you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with ELA ANTICHITÀ S.R.L.. Should you not agree with certain provisions of these General Terms and Conditions of Sale please do not submit your Order Form for the purchase of products on SHOP.ELANTICHITA.IT

2.5 By submitting an Order Form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on SHOP.ELANTICHITA.IT including the General Conditions of Use, Privacy Policy and Return Policy.

3. Guarantees and Product COST (tax base) Indication

3.1 On SHOP.ELANTICHITA.IT, we offer for sale non - precious and precious jewellery (costume and fashion jewellery, bijoux de couture, contemporary fashion jewellery, artists' and studio jewellery, vintage objects and accessories). Some of them can be bought or rented, others, instead, can only be bought. (See in the section Sale and Rental search option: rentable/un -rentable).

3.2 A large amount of the adornments and accessories on sale (or rental) on SHOP.ELANTICHITA.IT, are vintage and therefore, for their particular nature, have

been used and may be in a worn condition. In the description of each vintage piece,

ELA Antichità S.r.l. will specify the preservation conditions. We wish though to specify that any condition statement is given as a courtesy to a client only as an opinion of the person who writes the record on the product and should not be treated as a statement of fact. ELA Antichità S.r.l. has no responsibility for any error or omission.

3.3 ELA Antichità S.r.l. stock of ornaments is made up, especially in the vintage section, of one unique item of the same model. This is the reason why we ask you - before deciding to buy or rent from SHOP.ELANTICHITA.IT - to wait our confirmation that the product/s you desire to buy is/are available.

3.4 The main characteristics of the products are shown on SHOP.ELANTICHITA.IT on each product record. The products offered for sale on SHOP.ELANTICHITA.IT may not exactly correspond to the real object in terms of image and colors due to the Internet browser or monitor used.

3.5 Under "PRICE" SHOP.ELANTICHITA.IT has two different
values,
one for the site in Italian and the second one for the site in English.

3.5.1 The price shown in the site in Italian by SHOP.ELANTICHITA.ITINCLUDES VAT IN FORCE IN ITALY AT THE DATE OF THE ORDER and it is reserved to Italian buyers (private citizens and dealers) and private citizens inhabitants in the countries belonging to the European Community, outside of Italy.

3.5.2 The price shown in the site in English by SHOP.ELANTICHITA.IT is tax free (tax base) and it is reserved to dealers living in a country inside the European Community, excluding Italy, with a registered VAT number and to residents in countries outside the European Community.

VAT stands for value added tax, which is charged on goods sold/rented and services within the European Union (EU). In accordance with the laws governing members of the European Union, ELA Antichità S.r.l. is obliged to charge VAT in force at the day of the order on all orders for SALE (and Rental) delivered to destinations in member countries of the EU.

The only exceptions are

1)             for residents in a country not belonging to the European Community

2)             if you are VAT registered customer in EU Member State different from Italy, in this case we require a copy of your VAT registration certificate or another proof of your VAT registered status, which shows the registered business address and registered VAT number. This information must be listed by you in the ORDER FORM of the product that you intend to buy.

3.5.3 Products that have to be delivered in countries outside the European Community are not subject to VAT, therefore their price is tax free, corresponding to the price we indicated in our site in English as tax base but they may be subject to taxes and duties applied in the country of destination.

The receiver of the shipment abroad is the importer in the country of destination and is responsible of the payment of all taxes and duties foreseen in his /her country in the moment he/she received the product /s acquired on our site SHOP.ELANTICHITA.IT. The receiver will also have to meet the expenses for the shipping agent carrying out of the customs formalities in his country of destination. ELA ANTICHITÀ S.R.L. has no control on these burden of taxation and cannot foresee them. The customs rules change from country to country and therefore the customer who lives in a country outside the European Community interested in the acquisition on

SHOP.ELANTICHITA.IT should ask information to his/her local customs officials.

3.6 All SHOP.ELANTICHITA.IT adornments (fashion and precious jewellery, vintage and contemporary, accessories, vintage and contemporary, objects, vintage and contemporary) come with a personalized silk ribbon GOING AROUND THEM and fixed with a wax sealing. Should you not be satisfied with your acquisition and wish to exercise your right to return the piece/s, we ask you not to remove the ribbon and seal from the

purchased products. We shall not accept the return of pieces whose seals have been broken or taken off.

3.7 Should you decide to exercise your right to return purchased products, ELA Antichità S.r.l. has the right not to accept returned products that are without the

corresponding ribbon with seal or that have been altered from their original status or damaged.

4. Payments

4.1 Payment of the costs for products to buy and relevant shipping and insurance costs must be made by using one of the two procedures indicated on the ORDER FORM

4.2 All details relating to your payments will not be used by ELA Antichità S.r.l. except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud on SHOP.ELANTICHITA.IT to the police. The price for the purchase of

products and the relevant shipping and insurance costs will be calculated by ELA Antichità S.r.l. and indicated through an email of confirmation of the Order form we will send you when confirming the availability of the product/s you have chosen. When buying, the total price of the bought product/s and shipping and insurance costs must be paid by using the procedures indicated in the ORDER FORM .

Once the payment is received, ELA Antichità S.r.l. will confirm to you through our Order Form the receipt of that payment and will proceed with the shipping of the items bought by you, according to the option indicated in the Shipping section (through SDA when the product's value is less than 50.000€). The merchandise will be accompanied by our receipted invoice.

  1. Shipping and Delivery of the Products

For specific product shipping and delivery procedures, please visit and read the Shipping section . Please read this section carefully. The information provided in this

section in fact forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time you send your Order Form .

  1. Customer Care

For any other information remember that you can always contact ELA Antichità S.r.l. by e-mail(info@elaantichita.it or by phone at +39.035.242307.

Remember to check the Contact us section to see our working days and hours and our closing periods Average waiting time for us to answer your emails is two working days.

  1. Regarding the sale of ivory, tortoise - shell, alligator pieces

Prospective purchasers are advised that several countries prohibit the importation of property containing ivory or tortoise-shell or alligator pieces. Accordingly, potential buyers who wish to import this type of adornments or accessories in their countries outside of Italy, should ask information about relevant customs regulation applied in their countries prior to buying or renting.

  1. Restrictions regarding objects made over 50 years ago.

All exports of products made over 50 years ago of cultural/artistic/historical value are governed by Italian laws, and in particular they cannot be exported outside the Italian territory without having obtained from the Italian Ministry of Culture, Export Office of "Sovrintendenza ai beni cultural" the Certificate of Free Circulation, according to Law January 22, 2004 n. 42.

The exportation of cultural/historical products outside the EU territory is also regulated by what established by the CEE regulations n. 3911/92 of December 1992, by the modifications of Cue Regulations n. 2469 of December 16, 1996 and by Cue Regulations n. 974/01 of May 14th,2001. The Certificate of Free Circulation costs approximately 20 Euros. It can take up to 45 days to process from the date of presentation of the request of export to the Italian Ministry of culture, Export Office. The request for a Certificate of Free Circulation is presented to the Italian Ministry of culture, Export Office only upon receipt of payment for the

product presented on SHOP.ELANTICHITA.IT and following a written request from the buyer. ELA Antichità S.r.l. shall not be liable for any restrictions on export of the sold items or for any license or permit that the buyer must obtain under Italian Law. In the event that the Italian State exercises the right of pre-emption, the buyer shall not be entitled to receive any refund of the interest on the sale price already paid to the seller ELA Antichità S.r.l., who will return the entire price of the product/s.

9. Returns after buying

9.1 If you are not satisfied with the products purchased from ELA Antichità S.r.l., you can return them within ten (10) days from the receipt of the products without any penalty, specifying the reason, incurring shipping and insurance costs.

9.2 To return products we invite you to complete and send by email

(info@elaantichita.it) the online Return Form before shipping your return package to us.

9.3. You are responsible for the shipping and insurance costs when sending back the product/s to Milano, yours is also the responsibility in the case the product/s get lost or damaged during the delivery.

If the country from where the products in return are shipped is not part of the European Union, you also have to pay to ELA Antichità S.r.l. the expenses to re-import the product/s in Italy and precisely:

- VAT in force at the moment of the return, import tax for goods in metal and mixed materials (4% of the TAX BASE) and the custom clearance's expenses in Italy. These expenses, calculated in a 30% lamp sum on the tax base, will be retained by ELA Antichità S.r.l. at the moment of the return of what the costumer had paid. Once ELA Antichità S.r.l. receives the importation waybill from the shipping agent, we will send copy of it to the buyer together with possible currency adjustments in respect of the 30% lump sum retained. Generally, the waiting time for the formalization of the Import waybill is 90 days from the import of the merchandise in Italy.

9.4 In case the products you intended to buy do not satisfy you and you decide to return them, it is necessary to return these items to ELA Antichità S.r.l. by shipping them within ten (10) days from the date on which the items were delivered to you.

9.5 The return right - besides compliance with the terms and procedures described at par. 9.1, 9.2, 9.3 and 9. 4 above - shall be deemed correctly exercised once the following conditions have been fully met::

9.5.A we invite you to correctly fill in and send by email (info@elaantichita.it) the online Return Form to SHOP.ELANTICHITA.IT and send the products to be

returned within 10 working days from the date the package was delivered to you.

9.5.B the products must not have been damaged and the identification seal and its ribbon which identifies ELA Antichità S.r.l. products have to be intact.

9.5.C the products must be returned complete and must be accompanied by the original invoice and, where applicable, certificate of authenticity.

9.5.D the products returned to ELA Antichità S.r.l. have to be shipped in one only shipping operation.

9.5.E returned items must be shipped back to ELA Antichità S.r.l. within ten (10) working days from the date the package was delivered to you.

9.6 If the return right is exercised in conformity with the provisions set forth in this section 9, ELA Antichità S.r.l. shall refund the amount paid by the customer (full price paid minus, in the specified cases described above, the expenses met by ELA Antichità S.r.l. to re-import in Italy of the product/s sold in countries not belonging to the European Community.)

9.7 This amount will be reimbursed as soon as possible, but in any case, within thirty (30) days from when ELA Antichità S.r.l. was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted, as indicated in paragraph 10. The only case in which the reimbursement of a possible adjustment will occur approximately 90 days after the arrival in Italy of the returned merchandise is explained above in the Return paragraph at point 9.3 and in the Return Policy Letter G.

9.8 In the event that your return does not comply with the terms and conditions set out in section 9 of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid for buying or renting to ORNAMENTI

d'AUTORE; nevertheless, you shall be entitled, at your own expense, to receive the previously bought products in the conditions in which they were sent back toELA Antichità S.r.l.. If you do not wish to receive the products in the conditions in which they were sent back, ELA ANTICHITÀ S.R.L. shall be entitled to keep the products and withhold the sums already received.

10. Refund Deadlines and Procedures for refund

10.1 After the products have been returned, ELA Antichità S.r.l. shall check the conformity of the products with the conditions indicated in section 9 and in particular that the identification seal and its ribbon which identifies ELA Antichità S.r.l. haven't been damaged or removed and that the product/s havenot been damaged during the journey of return back to Italy.

WhenELA Antichità S.r.l. is able to confirm that such conditions have been met, ELA Antichità S.r.l. shall send you an e-mail confirming the acceptance of the returned products.

10.2 Whatever payment type you used, the refund procedure shall be started by

ELA Antichità S.r.l. within thirty (30) days from when ELA Antichità S.r.l. was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.

10.3 If the recipient of the products indicated in the Order Form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by ELA Antichità S.r.l. to the individual who made the payment.

10.4 The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses. For payments made by PayPal the refund will be done on your PayPal account and it will be immediately visible, as soon asELA Antichità S.r.l. accepts your return. The effective refund on your credit card from your PayPal account depends from the institute which has issued your credit card, but occurs regularly within 30 days.

  1. Privacy Policy 11.1 You will find information on how we process your personal data by clicking onPrivacy Poli

11.2 You are advised to read, if you haven't already done so, our General Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of SHOP.ELANTICHITA.IT.

  1. Governing Law

12.1 These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e- commerce.

12.2 All disputes arising from contracts executed on SHOP.ELANTICHITA.IT and its final users will be submitted to the Arbitration Chamber (Camera Arbitrale) in Bergamo, a special company of the CCIAA (Chamber of Commerce, Industry, Craftsmanship and Agriculture).

  1. Amendments and updates

13.1 The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on SHOP.ELANTICHITA.IT.