Terms and Conditions of Sale

Date of publication on the website and effective date [October 1, 2018]

1. Subject Matter
2. These general terms and conditions of sale (hereinafter also referred to as the "Conditions") apply to the purchase of products bearing the brand "HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL" (hereinafter "Products" or in the singular "Product") made through the e-commerce website www.herzel1840.com (hereinafter the "Website") by users qualifying as "Consumers" pursuant to Article 1.2 below. The Website, owned by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, with registered office in ROMA (RM) VIA FLAVIA 49/51, CAP 00187, Tax Code and VAT number 05465061009 (hereinafter "Owner" or "HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL"), is managed by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, with registered office in ROMA (RM) VIA FLAVIA 49/51, CAP 00187, Tax Code and VAT number 05465061009 (hereinafter "Owner" or "HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL").
3. HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL conducts the sale of Products through the Website in its own name and on its own behalf. Purchases of Products made through the Website will involve HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, as seller (hereinafter the "Seller"), and the party who purchases one or more Products for purposes unrelated to their entrepreneurial, commercial, craft, or professional activity, as buyer (hereinafter the "Consumer"). The Seller and the Consumer will hereinafter be collectively referred to as the "Parties."
4. The Owner is not a party to these Conditions but is the owner of the rights to the domain name of the Website, the logos and trademarks related to the Products presented on the Website, as well as the copyright on the contents of the Website.
5. Any communication from the Consumer connected to and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, using the contact details and methods indicated on the Website and to the email address info@herzel.it.
6. Every purchase is governed by these Conditions in the version published on the Website at the time the order is submitted by the Consumer.
7. The Website is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Therefore, individuals who are not Consumers are invited not to place purchase orders; for any purchases, they may contact the Owner at the following email address info@herzel.it. Should one or more sales be made to an individual who does not qualify as a Consumer, these Conditions will still apply, but, notwithstanding the provisions herein:
   
   a) the buyer will not be granted the right of withdrawal as per Article 10;
   b) the buyer will not benefit from the warranty on the Products indicated in Article 8;
   c) the buyer will not be granted any other protections, provided for the benefit of the Consumer in these Conditions, which represent or comply with mandatory legal provisions;
   d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
    
8. Concurrently with the submission of the purchase order, the Consumer accepts that the confirmation of the order information and these Conditions will be sent to them via email to the address provided during registration on the Website or during the purchase process.
9. To make purchases through the Website, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
10. Any costs for internet connection to the Website, including telephone charges, according to the rates applied by the operator selected by the Consumer, shall be borne exclusively by the Consumer.
11. Characteristics of the Products and their availability in different geographical areas
12. The Products are sold with the characteristics described on the Website and according to the Conditions published on the Website at the time the order is sent by the Consumer, excluding any other condition or term.
13. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any prior notice to Website users. Any modifications made will be effective from the date of publication on the Website and will apply only to sales concluded from that date onwards.
14. The prices, the Products for sale on the Website, and/or their characteristics may be subject to change without notice. Such changes apply only to orders not yet confirmed on the date of the change. In any case, before sending the purchase order pursuant to Article 3 below, the Consumer is invited to verify the final selling price.
15. The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the countries indicated on the Website.

1. Methods of purchasing Products and contract formation
2. To conclude the purchase contract on the Website, you must fill out the order form in electronic format and send it to the Seller, electronically, following the relevant instructions.
3. Before proceeding with the purchase of a Product, the Consumer will be asked to carefully read these Conditions and the Information on the right of withdrawal, as well as to print a copy for personal use.
4. In the order form, displayed immediately before the conclusion of the purchase contract, we will provide summary information about the essential characteristics of the Product you wish to purchase, the price (including all applicable taxes) and shipping costs.
5. The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the data related to your order.
6. The order form will be stored in our database for the period of time necessary for order processing and in any case within the terms of the law.
7. The transmission of the order form implies the obligation to pay the indicated price.
8. The transmission of the order form implies the obligation to pay the indicated price.
9. The language available to conclude the contract with the Seller is Italian/English.
10. The Seller may not process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect. Similarly, this may occur in case of unavailability of the Products. In these cases, we will inform the Consumer by email that the contract is not concluded and that the Seller has not processed the purchase order, specifying the reasons.
11. The electronic transmission of the order form implies the unconditional acceptance and commitment of the Consumer to observe, in dealings with the Seller, these Conditions.
12. Furthermore, by transmitting the order form, the Consumer confirms to be aware of and accept the additional information contained on the Website, including: the Privacy Policy and the Information on the Right of Withdrawal.
13. Once the contract is concluded, the Seller will send the Consumer, by email, a receipt of the purchase order, containing these Conditions and the summary document on the Right of Withdrawal.

 1. Product selection and purchase procedure

1. The Products presented on the Website may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of Products is complete, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Website, providing the requested data, or (ii) log in, if the Consumer is already registered, or (iii) provide their data to complete the order and allow the contract to be finalized. If the data indicated in the order differ from those provided during registration on the Website, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where they can be contacted for any communications related to the purchase made. The Consumer will view a summary of the order to be placed, the contents of which can be modified: then, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate flag (check-box) present on the Website and finally, the Consumer will be asked to confirm their order, which will thus be definitively sent to the Seller and will produce the effects described in the previous Article 3 of these Conditions. The Consumer will also be asked to choose the shipping method and the payment method, from those available.
2. If, during the product selection procedure on the Website as per the previous Article 4.1, the Consumer notices that the price of one or more of the Products they intend to select for subsequent purchase is clearly lower than the normally applied price, net of any discounts and/or promotions then in force, due to an obvious technical problem that occurred on the Website, they are requested not to complete their purchase order and to report the aforementioned technical error to Customer Service, by sending an email to the following email address info@herzel.it.
3. By placing an order for personalized products, the customer agrees to:

i. declare and warrant that no name, word or phrase used, uploaded, submitted, copied or otherwise made public for use on their personalized product falls into one of the following categories:

a) consisting of or including part of the name of a Product, service, company, organization or event owned by third parties;

b) consisting of or including the name or nickname of a famous person (living or deceased);

c) that infringes or may infringe the intellectual property rights or registered trademarks of third parties;

d) that contains threatening, inciting violence, defamatory, obscene, discriminatory, instigating, sexually explicit or otherwise prohibited by law messages.

ii. indemnify and hold harmless the Seller and the Owner and their affiliated companies from any costs, expenses, damages, losses and liabilities that may be incurred by the Seller or the Owner or their affiliated companies as a result of the use of any name, word or phrase used, uploaded or otherwise made public by the Consumer (including for use on the personalized product by the Consumer themselves);

iii. grant the Seller and the Owner, as well as their affiliated companies, the global, non-exclusive, irrevocable and royalty-free right, fully assignable to third parties, to use, reproduce, disclose and modify names, words or phrases submitted by the Consumer for the purpose of personalizing and completing their order.

1. Delivery of goods and acceptance
2. The Website indicates the availability of the Products and delivery times; however, such information is to be considered purely indicative and not binding for the Seller.
3. The Seller undertakes to respect, as far as possible, the delivery times indicated on the Website and, in any case, to make delivery within a maximum of 30 (thirty) days from the day following that on which the Consumer submitted the order. In case of non-execution of the order by the Seller, the Seller will refund any sums already paid by the Consumer for the payment of the Product pursuant to Article 5 below. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the receipt of payment by the Seller.
4. The Products will be shipped according to the method selected by the Consumer, from those available and indicated on the Website at the time of sending the order. The Consumer undertakes to promptly and as soon as possible check that the delivery includes all and only the purchased Products and to promptly inform the Seller of any defect in the received Products or their non-conformity with the order placed, according to the procedure referred to in Article 8 below of these Conditions; otherwise, the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive objectively damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation."

1. Prices, shipping costs, duties and taxes
2. The price of the Products is that indicated on the Website at the same time as the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include shipping costs, which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.
3. The Consumer must pay the Seller the total price, as stated in the order sent by the Consumer.
4. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order, including indirect taxes (if applicable), is exclusive of any customs duties and any other sales taxes, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order, as provided by the legal provisions of the country where the Products will be delivered. The Consumer is invited to inquire with the competent authorities of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
5. Any additional costs, charges, duties, taxes and/or imposts that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions are the sole responsibility of the Consumer.
6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or imposts referred to in the preceding Articles, at the time of sending an order to the Seller, cannot constitute a cause for termination of this contract and that they cannot in any way charge the aforementioned costs to the Seller.

1. Payments
2. Payment of the price of the Products purchased through the Website must be made within the essential deadline of 10 (ten) days from the date of transmission of the order to the Seller. The Consumer expressly accepts that the execution of the contract by the Seller will begin upon crediting of the price of the purchased Product(s) to the Seller's current account.
3. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may provide additional payment methods, indicating them in the payment section of the Website.
4. If payment is made by credit card, the Consumer will be transferred to a protected site and the credit card details will be communicated directly to PayPal, the operator responsible for payments on behalf of the Seller. The transmitted data will be sent securely, through encrypted data transfer that is not accessible to the Seller or the Owner.
5. If payment is made by bank transfer to the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order, as well as the order number.
6. The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via email to the address declared by the Consumer, the tax receipt relating to the purchase made, if the purchased Products are destined to be delivered in Italian territory, or attached in paper format to the purchased Products, in all other cases.

1. Legal guarantee of conformity by the Seller, reporting of conformity defects and warranty interventions
2. Pursuant to and for the purposes of European Directive 44/99/CE and Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees to the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use of the Product that is not compliant with its intended purpose and the instructions/warnings provided by the Seller and/or the Owner, or reported in the illustrative documentation, tags or labels.
3. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from discovery, by writing to the Seller, by email to the address info@herzel.it, indicating the defect and/or non-conformity found, as well as at least one photograph of the Product, a copy of the order transmitted by the Seller and/or the tax receipt, as well as any other information useful to the Seller for the correct identification of the sale made.

1. Liability for defective products

Regarding any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply.

1. Right of withdrawal
2. Without prejudice to the exceptions set out in Article 59 of the Consumer Code, the Consumer is recognized the right to withdraw from any contract concluded in accordance with these Conditions, without having to provide any reason and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of purchase of multiple Products delivered separately with a single order, the last product was delivered.
3. To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in the preceding Article 10.1, of their decision by accessing the dedicated section at the following link: www.herzel1840.com, if not registered on the Website, by accessing the dedicated page and entering the order number and the email used for the purchase. Alternatively, the Consumer can send an explicit declaration to the Seller via the contact form or to the email address info@herzel.it, of their decision to withdraw.
4. Following the provisions of the preceding Article 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing, if the product ordered has already been received in the meantime, the return form to be included in the package, and instructions for returning the product, to be sent no later than the subsequent 14 days to HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL.
5. If the Consumer has received the product, they are obliged to return it without undue delay and, in any case, within 14 days from the day on which they communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The direct risks and costs of returning the goods, as well as proof of this, will be borne by the Consumer. If the Consumer exercises the right of withdrawal through the website, before confirming the withdrawal request, the cost for returning the goods will be indicated, if they wish to use the return service offered by the website.
6. In case of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive standard delivery type offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests the refund by a different payment method, in which case any additional costs resulting from the different payment method will be borne by the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that they have returned the goods, if earlier.
7. The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging and warranty certificate, where present, the Consumer will be liable for the depreciation in the value of the goods, and will be entitled to a refund of an amount equal to the residual value of the Product. For this purpose, therefore, the Consumer is invited not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport.

NOTE: for orders concerning Products made or adapted according to the specific instructions of the Consumer or, in other words, personalized products, the Consumer has no right of withdrawal pursuant to art. 59 of the Consumer Code.

1. Intellectual property rights
2. All intellectual property rights relating to trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Website or relating to the Products are the property of the Owner.

1. Consumer data and privacy protection
2. In order to proceed with registration, order placement and therefore the conclusion of the contract on the basis of these Conditions, some personal data are requested from the Consumer through the Website. The Consumer acknowledges that the personal data provided will be registered and processed by the Seller and the Owner, in accordance with and in compliance with Regulation (EU) 2016/679 concerning the protection of natural persons with regard to the processing of personal data, as well as the free movement of such data, to execute each purchase made through the Website and, with their consent, for any further activities as indicated in the specific Privacy Policy provided to the Consumer through the Website at the time of registration.
3. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
4. The Consumer may at any time update and/or modify their personal data provided to the Seller through the dedicated "My Account" section of the Website accessible after authentication.
5. For any further information on how the Consumer's personal data is processed, please access the Privacy Policy section.

1. Security
2. Although the Seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), are not accessible or viewable by unauthorized third parties.
3. The Seller, with regard to data relating to credit card payments, uses the services of the company Paypal which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web. Please refer to the Company's website for more information on the security systems they adopt.

1. Applicable law, attempt at conciliation and competent court
2. Every sales contract concluded between the Seller and Consumers in accordance with these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and Legislative Decree 9 April 2003 no. 70 on certain matters, without prejudice to any rights eventually attributed to Consumers by mandatory legal provisions in force in their State.
3. In case of disputes between the Seller and a Consumer, we guarantee our participation in an amicable conciliation attempt that each Consumer can promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows reaching a satisfactory agreement, with the help of a neutral and competent conciliator, in an amicable and secure way on the internet. For more information on the RisolviOnline regulations or to submit a conciliation request, access www.risolvionline.com (http://www.risolvionline.com).
4. Alternatively to the conciliation attempt referred to in the preceding Article 14.2, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, selectable from a specific list available therein. For more information on the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure relating to this contract, access the following link: http://ec.europa.eu/odr (http://ec.europa.eu/odr). The Seller's email address to be indicated on the European ODR Platform is the following: info@herzel.it.
5. If the conciliation attempt referred to in the preceding Article 14.2 or 14.3 is not adhered to or if such attempt should have a negative outcome, the dispute will be devolved to the judge of the place of residence or domicile of the Consumer.

Privacy Policy

Information pursuant to article 13 of Regulation (EU) 2016/679 (“GDPR”)

HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL (“HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL”), welcomes you to the website www.herzel1840.com (the “Website”).

HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL invites you to pay attention to the following information, issued pursuant to article 13 of Regulation (EU) 2016/679 concerning the protection of natural persons with regard to the processing of personal data, as well as the free movement of such data (“GDPR”).

This document constitutes the sole information notice of HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL and contains the description of all processing carried out by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL regarding its customers through the Website or at sales points.

The purpose of the processing pursued from time to time by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL will depend on the service requested by you, as better indicated in this document.

• 1. Who is the Data Controller

The Data Controller is HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, with registered office in ROMA (RM) VIA FLAVIA 49/51, CAP 00187, Tax Code and VAT number 05465061009 (the “Controller”).

For the processing purposes referred to in paragraph 3.1. (Sale of goods and services, after-sales assistance and execution of your requests, as well as fulfillment of legal obligations), HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, with registered office in ROMA (RM) VIA FLAVIA 49/51, CAP 00187, Tax Code and VAT number 05465061009 (hereinafter “Controller” or “HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL.”) is the data controller.

• 2. What personal data we process

For the purposes indicated in this information notice, in compliance with your choices and your willingness to give consent where required, the Controller will process the following personal data:

• - personal data: name, surname and date of birth;
• - contact details: address, telephone number and email;
• - data relating to your purchases (date and place, number, type and characteristics of the products purchased) and consumption preferences.
• 3. Purpose of processing and legal basis

This paragraph 3 contains a description of the possible processing purposes pursued by the Company depending on the service requested by you.

• 1. Sale of goods and services, after-sales assistance and execution of your requests, as well as fulfillment of legal obligations

Should you decide to purchase a product or service at any of the Company's direct sales points or through the Website, your personal data will be processed for the sole purpose of managing the sale and related obligations, and therefore to carry out all order management activities (including administrative contract management, product shipping, payment management, credit and any disputes and fraud prevention), as well as those required by law.

If you require after-sales assistance, for purchases made through the Website and/or at a direct sales point, or make any other request to the Company, you can contact Customer Service in the manner indicated at the following link: https://test-herzel.luxmadein.com/it/customer-service. The personal data you provide will be processed exclusively to follow up on your requests.

The provision of your personal data for the purposes indicated above is mandatory. Consequently, any refusal to provide the data will make it impossible for the Company to fulfill your requests or to conclude the contract for the sale of its products/services.

For the pursuit of the purposes referred to in this paragraph 3.1, the Company does not require your specific consent.

Your personal data will be processed for the time necessary for the conclusion and management of the contract, as well as to manage your subsequent requests related to after-sales assistance.

Subsequently, your personal data will be stored for 10 years from the conclusion of the contract in line with the limitation period provided for by applicable law.

• 2. Newsletter subscription

By filling in the appropriate section available on the Website homepage, you can subscribe to the HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL newsletter to stay updated on the products and services offered.

In this case, the newsletter will be sent to your email address for the sole purpose of fulfilling your request to stay informed about HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL news and does not require your consent. In any case, upon receipt of each newsletter, you can easily object to receiving further communications from HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL

Your personal data will be processed until you decide to unsubscribe from the newsletter using the "unsubscribe" link present in all our electronic commercial communications, or by contacting HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL at the email address indicated in paragraph 1 above.

• 3. Marketing activities

If you wish to be updated on the latest news of products and services offered by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, you can join our marketing initiatives, thus allowing HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL to send you newsletters and/or informative, advertising and/or promotional material, as well as to invite you to commercial events.

Adherence to HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL's marketing initiatives is possible through the Website by providing some of your personal data and, in particular, your contact details (email, phone number, address). In this regard, we invite you to provide only the contact details on which you wish to be contacted.

To allow us to contact you by phone or at your address, you must give your consent.

Sending communications to your email address does not require your consent, as it is based on the legitimate interest of HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, it being understood that you can, upon receipt of each email communication, easily object to receiving further communications from HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL.

Adherence to marketing initiatives remains optional and your refusal will not entail any consequence regarding the performance of the other activities requested by you (for example, the purchase of a product), but it will prevent HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL from keeping you updated on the latest news of the products and services offered.

Your contact details, necessary to send you updates on products and services offered by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, will be stored for a maximum period of 7 years from your last purchase. At the end of this period, such data will be automatically deleted or permanently anonymized.

Right to object to direct marketing activities
We inform you that, at any time, you have the right to object to direct marketing activities by contacting HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL at the email address indicated in paragraph 1 of this Policy. In any case, upon receipt of any email communication, you can easily object to the sending of further communications by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL.

• 4. Profiling activities

HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL may also analyze your habits and consumption choices in order to send you personalized marketing communications. To allow HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL to carry out profiling activities, your explicit consent is required, which can be given through the Website.
Acceptance of profiling activities is optional, and your refusal will not have any consequences regarding the performance of other activities requested by you (e.g., purchasing a product or sending a newsletter).

Your personal data will be stored for a maximum period of 7 years, and at the end of this period, such data will be automatically deleted or permanently anonymized.

Right to object to profiling
We inform you that, at any time, you have the right to object to profiling by contacting HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL at the email address indicated in paragraph 1 of this Policy.

• 5. How your personal data will be processed

Your personal data will be processed, in compliance with the provisions of the GDPR, using paper, IT, and telecommunication tools, with logic strictly related to the indicated purposes and, in any case, with methods suitable for guaranteeing its security and confidentiality in accordance with the provisions of Article 32 GDPR.

• 6. To whom your personal data may be communicated and who may become aware of it

For the pursuit of the purposes described in the previous paragraph 3, your personal data will be known by the employees, assimilated personnel, and collaborators of the Data Controller, who will operate as specially appointed authorized persons for personal data processing.

Furthermore, your personal data will be processed by third parties belonging, by way of example, to the following categories:

• a) subjects used by the Company for the provision of requested services;
• b) supervisory and control authorities and bodies and, in general, public or private subjects with public functions;
• c) subjects who handle administrative and tax compliance for the Company;
• d) other controlled or associated companies;
• e) subjects who provide services for the management of the information system of HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL and telecommunication networks;
• f) subjects who carry out control, auditing, and certification of activities performed by the Company.

The subjects belonging to the categories listed above operate, in some cases, in total autonomy as distinct Data Controllers, in other cases, as Data Processors specially appointed by the Data Controller in compliance with Article 28 GDPR.

The complete and updated list of subjects to whom your personal data may be communicated can be requested at the registered office of the Data Controller.

The personal data processed by the Data Controller is not subject to dissemination.

The processing provided for in this policy does not involve the transfer of your personal data outside the European Union.

In any case, the Data Controller guarantees that if transfers were to be made, they would take place in compliance with standard data protection clauses adopted by the Commission, in compliance with Article 46 GDPR, which ensure protection equivalent to that provided by the GDPR.

• 7. What rights you have as a data subject

In relation to the processing described in this Policy, as a data subject, you may, under the conditions provided by the GDPR, exercise the rights enshrined in Articles 15 to 21 of the GDPR and, in particular, the following rights:

• right of access – Article 15 GDPR: the right to obtain confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to your personal data – including a copy thereof – and the communication, among others, of the following information:
• a) purposes of the processing
• b) categories of personal data processed
• c) recipients to whom they have been or will be disclosed
• d) data retention period or criteria used
• e) data subject's rights (rectification, erasure of personal data, restriction of processing, and right to object to processing)
• f) right to lodge a complaint
• g) right to receive information on the origin of my personal data if they have not been collected from the data subject
• h) the existence of automated decision-making, including profiling;
• right to rectification – Article 16 GDPR: the right to obtain, without undue delay, the rectification of inaccurate personal data concerning you and/or the completion of incomplete personal data;
• right to erasure (right to be forgotten) – Article 17 GDPR: the right to obtain, without undue delay, the erasure of personal data concerning you, when:
• a) the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• b) you have withdrawn your consent and there is no other legal ground for the processing;
• c) you have successfully objected to the processing of personal data;
• d) the data have been unlawfully processed;
• e) the data must be erased for compliance with a legal obligation;
• f) the personal data have been collected in relation to the offer of information society services referred to in Article 8, paragraph 1, GDPR.

The right to erasure does not apply to the extent that processing is necessary for compliance with a legal obligation or for the performance of a task carried out in the public interest or for the establishment, exercise or defence of legal claims.

• right to restriction of processing – Article 18 GDPR: the right to obtain restriction of processing, when:
• a) the data subject contests the accuracy of the personal data;
• b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use;
• c) the personal data are required by the data subject for the establishment, exercise or defence of legal claims;
• d) the data subject has objected to processing pursuant to Article 21, paragraph 1, pending the verification whether the legitimate grounds of the controller override those of the data subject.
• right to data portability – Article 20 GDPR: the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance, where the processing is based on consent and is carried out by automated means. Furthermore, the right to have your personal data transmitted directly from one controller to another, where technically feasible;
• right to object – Article 21 GDPR: the right to object, at any time, to processing of personal data concerning you based on the legitimacy condition of legitimate interest, including profiling, unless there are legitimate grounds for the Controller to continue processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Furthermore, the right to object at any time to processing where personal data are processed for direct marketing purposes, including profiling to the extent that it is related to such direct marketing.

• lodge a complaint with the Italian Data Protection Authority, Piazza di Montecitorio n. 121, 00186, Rome (RM).

The above rights may be exercised by contacting the Data Controller at the addresses indicated in paragraph 1.

The Data Controller will acknowledge your request and provide you, without undue delay and, in any case, no later than one month from receipt of the request, with information regarding the action taken in response to your request.

The exercise of your rights as a data subject is free of charge pursuant to Article 12 GDPR. However, in the case of manifestly unfounded or excessive requests, also due to their repetitive nature, the Data Controller may charge a reasonable fee, considering the administrative costs incurred to handle your request, or refuse to satisfy your request.

Finally, we inform you that the Data Controller may request further information necessary to confirm the identity of the data subject.

Return Policy

Return Policy

You have the right to withdraw from the contract, without giving any reason, within 14 days from when you or a third party appointed by you (i) received the product or (ii) in the case of purchasing multiple products delivered separately with a single order, received the last product.

HOW TO MAKE A RETURN

To exercise your right of withdrawal, you should inform HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, with registered office in ROME (RM) VIA FLAVIA 49/51, CAP 00187, Tax Code and VAT number 05465061009 (hereinafter the "Data Controller" or "HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL"), of your decision by accessing the "My Returns" section of your Account or, if you are not a registered user, by accessing the dedicated page and entering the order number and the email with which you made the purchase. Follow the instructions to complete the online return request, and you will then receive a confirmation email for the exercise of withdrawal, containing the return form to be included in the package and instructions for proceeding with the return of the product. Remember to include the completed return form in the package along with the product and send it to the communicated address.

To meet the withdrawal deadline, it is sufficient for you to send the request via the form before the withdrawal period expires.

Alternatively to online return, you can send an explicit declaration to HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL via the contact form or to the email address info@herzel.it, of your decision to withdraw using the attached standard withdrawal form and follow the instructions in the withdrawal confirmation email you will receive from HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL

If you withdraw, you will be reimbursed for the payments you have made, including delivery costs (with the exception of supplementary costs resulting from your eventual choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from when HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL receives your decision to withdraw. These reimbursements will be made using the same means of payment you used for the initial transaction, unless you request reimbursement via a different means of payment, in which case any additional costs resulting from the different means of payment you chose will be at your expense. Reimbursement may be suspended until receipt of the goods or until you have provided proof that you have sent back the goods, if earlier.

If you have received the product, please return it to HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL without undue delay and, in any case, within 14 days from the day you communicated the withdrawal. The deadline is met if you send back the goods before the expiry of the 14-day period. The direct costs for returning the goods will be at your expense. If you exercise the right of withdrawal through the site using the return service offered by the site, before confirming the withdrawal request, you will be informed of the transport cost for returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

NOTE: for orders concerning Products made or adapted according to the specific indications of the Consumer or, in other words, personalized products, the Consumer has no right of withdrawal pursuant to Article 59 of the Consumer Code.

LEGAL WARRANTY - Return for defect or non-conformity

In case of defects and/or non-conformities, your request will be handled by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL.

You will be entitled to the restoration of product conformity, by repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree no. 206/2005.

If you have received a non-compliant, incorrect, defective or damaged product, you can request repair or replacement or a refund of the product no later than 2 (two) months from discovery. Pursuant to and for the purposes of European Directive 44/99/EC and articles 128 et seq. of Italian Legislative Decree no. 206/2005 (Consumer Code), the products you have purchased are covered by the legal conformity guarantee, which covers product conformity defects for a maximum period of 24 (twenty-four) months from their delivery.

In such cases, please indicate this reason as the return reason during the online return request, to be made in the same manner described in the preceding paragraphs. You will be asked to upload one or more images related to the defect found and you will receive a confirmation email with instructions on how to proceed with shipping. Authorization to return the product will in no way constitute recognition of non-conformity, the existence of which will be ascertained by us after the return.

We reserve the right to refund the defective item only after performing appropriate quality checks to verify the actual non-conformity of the returned product.

In the event that the non-conformity of the product is ascertained, we will proceed with the refund using the same payment method used for the purchase (credit card, prepaid card, PayPal, etc.) or by bank transfer.

Cookie Policy

Cookie Policy

In accordance with the provision of the Garante per la Protezione dei Dati Personali (hereinafter, the "Garante") of 8.5.2014, concerning the Identification of simplified procedures for the information and acquisition of consent for the use of cookies (hereinafter, the "Cookie Provision"), HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL, with registered office in ROME (RM) VIA FLAVIA 49/51, CAP 00187, Tax Code and VAT number 05465061009 (hereinafter the "Data Controller" or "HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL”) intends to inform the user of the following.

This document is an integral part of the Privacy Policy, available in the "Legal Area" section of the website.

The website www.herzel1840.com (hereinafter the "Site") uses cookies to improve your browsing experience.

What are cookies?

Cookies are small text strings that websites visited by the user can send to their terminal (usually the browser), where they are stored and then retransmitted to the same sites on the next visit by the same user.

To order products on the Site, cookies must be enabled. Users who do not wish to accept cookies can still browse the site and use it for research purposes. In most browsers, cookies are enabled; below you can find the necessary information to change cookie settings on each browser.

It is important to specify that, during internet browsing, the user can receive two different types of cookies:

1. those from the same site visited by the user (so-called "first-party cookies"); and/or
2. those from different sites or web servers (so-called "third-party cookies").

Cookies can also be further distinguished based on the purposes for which they are used: some allow for better navigation, storing some user choices regarding specific configurations (so-called "technical cookies"), while others allow for monitoring user navigation also for the purpose of sending advertising and/or offering services in line with their preferences (so-called "profiling cookies").

Cookies can perform various functions, such as allowing you to navigate efficiently between pages, remembering your preferences, and generally improving the user's experience.

Cookies are not harmful to the user's device. The cookies generated by the Site do not store personally identifiable information such as, for example, credit card details. Instead, the aforementioned information is encrypted and collected by them to improve the user's stay and navigation on the Site. For example, they are useful for identifying and resolving errors, or for determining relevant related products to show the visitor during navigation.

First-party cookies
The Site uses the following types of first-party technical cookies, for whose installation no consent is required from the user, but for which there remains an obligation to provide adequate information:

1. Browsing or session cookies: essential for allowing the user to navigate normally within our Site and to correctly use the related services; not being stored on the user's computer, they disappear when the browser is closed;
2. "Functionality" cookies: solely aimed at improving and speeding up navigation on the Site, by storing certain choices made by the user (such as language preferences).

These are therefore tools used to guarantee, among other things, efficient navigation, session stability, the persistence of login throughout the session and the selected browsing country. They also serve to store the choices made by the user regarding the display of certain page elements, such as information and communication banners.

The use of technical cookies and the processing connected to them does not require, under current regulations, the user's prior consent.

In any case, the user remains free to prevent the installation of technical cookies at any time through their browser settings, aware that such a choice could complicate, slow down and sometimes block navigation on the Site.

Third-party cookies
It is possible that during a user's navigation on our Site, some cookies not directly controlled and managed by HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL may be stored on their device. This happens, for example, when the user visits a page that includes content from a third-party website.

In this regard, it should be noted that HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL plays no role in the processing of data deriving from this type of cookie, as these are simple technical intermediaries.

Third-party cookies are used to display personalized advertisements on the Site and on other websites and are based on each user's browsing activities. This type of cookie may also be used by third parties to show their products and services on the Site.

The Site also uses certain types of analytical cookies through which the following information is collected, purely by way of example:

• a) number of visitors, page views and navigation within the Site;
• b) effectiveness of acquisition campaigns based on the web traffic source;
• c) details on products viewed and potentially downloaded on the Site.

These cookies, as well as the purposes for which they are used outside the Site, fall under the direct and exclusive responsibility of the third party that installs them on the user's terminal and serve to show the user advertisements in line with their interests (this is the case of third-party cookies for marketing/retargeting).

If the user does not wish to receive third-party cookies on their terminal, they can at any time, via the links below, access the information and consent forms of these third parties and exclude their receipt.

The following list shows all the cookies present on the Site, with evidence of their specific characteristics and, in the case of third-party cookies, links to their respective privacy policies, so that the user can consciously decide whether to give consent to their use and which cookies to potentially block or delete:
- Google: https://policies.google.com/technologies/cookies
- Facebook: https://it-it.facebook.com/policies/cookies/

How to disable cookies?

Upon the first visit to the Site, the user can accept all cookies by clicking on the Confirm button.

In any other case and on each subsequent visit to the Site (by clicking on the following link), the user can access this information and deny consent to the installation of cookies by clicking on the appropriate links, listed above.

However, since most browsers are programmed to accept cookies automatically, the user can choose not to receive them, especially in cases where the third party involved has not correctly provided the option to opt-out, by accessing the browser settings and disabling their use, according to the procedures described at the following addresses:

Internet Explorer:

http://windows.microsoft.com/it-it/windows7/block-enable-or-allow-cookies

Mozilla Firefox:

https://support.mozilla.org/it/kb/Attivare%20e%20disattivare%20i%20cookie

Google Chrome:

https://support.google.com/accounts/answer/61416?hl=it

Safari:

https://support.apple.com/it-it/HT201265

Opera:

http://help.opera.com/Windows/10.00/it/cookies.html

To disable analytical cookies and to prevent Google Analytics from collecting data about your browsing, you can download the Google Analytics Opt-out Browser Add-on:
(https://tools.google.com/dlpage/gaoptout).

We will store user preferences regarding cookies through a specific technical cookie with the characteristics specified in the previous table.

For any questions regarding the use of cookies by the site, the user is invited to send a communication to info@herzel.it

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COOKIE BANNER

This website uses cookies, belonging to Gioielleria HERZEL DAL 1840 S.A.S. DI FRANCESCA E MONICA ERZEL. or to third parties to remember login data, collect statistics to optimize site functionality, offer a better browsing experience, and provide marketing based on your interests (profiling cookies).

If you click ACCEPT or close the banner, you consent to the use of these cookies.