Shipping policy

Patros S.r.l., with registered office at Via Corbetta, 15, 36100 Vicenza, VAT no./Tax Code 03483570242 Phone: 0444-1456463 E-mail: customerservice@italobottene.com; Website: www.italobottene.com, owner of the ITALO BOTTENE trademark.

Art. 1 – Scope of application and definitions
These General Terms and Conditions of Sale (hereinafter the “Conditions”) govern the purchase of jewellery products (hereinafter the “Products”) made through the website www.italobottene.com (hereinafter the “Site”) by final consumers (hereinafter the “Customer”).
These Conditions apply exclusively to distance contracts concluded between Patros-ITALO BOTTENE and the consumer Customer; they do not apply to contracts between professionals (B2B).

Art. 2 – Formation of the contract
2.1 Selection of the Products and submission of the order.
The Customer selects the desired Products, enters the required information and, before proceeding with payment, views the order summary indicating the total price inclusive of VAT and shipping costs. The order is submitted by activating the button bearing the wording “Pay now”, as required by Art. 51, paragraph 2, of the Consumer Code; by doing so, the Customer expressly acknowledges that the order entails the obligation to pay the indicated price.
2.2 Notice of receipt of the order. Within a short time after submission of the order, Patros-ITALO BOTTENE sends the Customer, at the e-mail address provided during registration, an automatic notice of receipt of the order containing a summary of the general and specific conditions applicable to the contract, the essential characteristics of the Products, the price, the payment methods, the right of withdrawal, the delivery costs and the applicable taxes. The notice of receipt does not constitute acceptance of the order: Patros-ITALO BOTTENE reserves the right to verify the availability of the Products and to accept the order.
2.3 Order confirmation and conclusion of the contract. The contract is considered concluded only when Patros-ITALO BOTTENE sends the Customer the order confirmation by e-mail. Until the order confirmation is sent, Patros-ITALO BOTTENE may refuse to accept the order, in whole or in part, promptly notifying the Consumer.
2.4 Failure to accept the order. Patros-ITALO BOTTENE reserves the right not to accept the order, notifying the e-mail address provided, in particular in the following cases: (i) subsequent unavailability of the product or service; (ii) payment details that cannot be verified or are not authorised; (iii) manifest errors in the price or in the description published on the Site. In such cases, any sum already charged shall be fully refunded within 14 working days.

Art. 3 – Cancellation of the order before shipment
The Customer may cancel the order at any time until the Products have been shipped, by sending written notice to Patros-ITALO BOTTENE’s e-mail address customerservice@italobottene.com, or by using the relevant functionality in the reserved area. Patros-ITALO BOTTENE shall confirm the cancellation and proceed with a full refund of the sums paid, using the same payment method used for the purchase, without any additional cost for the Customer, within fourteen days of receipt of the cancellation notice. After shipment, the Customer may exercise the right of withdrawal pursuant to Art. 9.

Art. 4 – Prices and payment methods
The prices of the Products indicated on the Site are expressed in Euros and include VAT at the applicable rate. Patros-ITALO BOTTENE reserves the right to change prices at any time; changes shall not affect orders already confirmed. The amount is charged upon order confirmation, unless otherwise indicated.

Art. 5 – Availability of the Products
The Products are offered subject to warehouse availability. If one or more Products ordered become unavailable after conclusion of the contract, Patros-ITALO BOTTENE shall notify the Customer within 14 days and offer, at the Consumer’s choice: (i) replacement with an equivalent Product, (ii) waiting for restocking, or (iii) a full refund of the price paid.

Art. 6 – Shipment and delivery
6.1 Free shipping.
Shipping costs are entirely borne by Patros-ITALO BOTTENE, with no additional cost for the Customer.
6.2 Delivery times. The Products are delivered to the address indicated by the Customer within the terms indicated on the website and/or in the order confirmation, except in cases of force majeure or unforeseeable circumstances. Patros-ITALO BOTTENE shall deliver the Products within the agreed period and, in any event, within fifteen working days from acceptance of the order. Ordinary delivery times may vary during periods of company closure, such as the Christmas and summer holidays; such changes shall be indicated on the website and in the order confirmation.
6.3 Delivery and transfer of risk. The risk of loss of or damage to the Products is borne by Patros-ITALO BOTTENE until the Customer or a third party designated by the Customer acquires physical possession of the goods.
6.4 Delivery restrictions. Delivery is available in Italy and in EU countries.

Art. 7 – Legal guarantee of conformity
7.1 Terms.
Patros-ITALO BOTTENE is liable to the Customer for any lack of conformity existing at the time of delivery and becoming apparent within two years thereof. For defects that become apparent within the first year after delivery, it is presumed, unless Patros-ITALO BOTTENE proves otherwise, that they already existed at the time of delivery. An action to enforce defects that have not been fraudulently concealed is time-barred after twenty-six months from delivery. Consumers are invited — without this constituting a burden subject to forfeiture — to report the defect promptly in order to facilitate its swift handling, enclosing proof of purchase.
7.2 Limitations. The guarantee is valid provided that the Products are used correctly, in compliance with the relevant instructions for use and recommendations. Subject to the mandatory limitations provided by law, Patros-ITALO BOTTENE offers no guarantee or declaration of conformity for the Products beyond what is expressly stated on the Site, including conformity of the Products with technical, quality or standards requirements of any kind, for specific or particular purposes. This clause does not limit or exclude any right mandatorily granted to consumers by law.
7.3 Remedies. In the event of a lack of conformity, the Customer is entitled, at the Customer’s choice, to repair or replacement of the goods, unless the remedy chosen is impossible or excessively burdensome compared with the other. In the alternative, the Customer is entitled to a proportionate reduction of the price or termination of the contract.
7.4 Exercise procedure. To exercise the rights arising from the legal guarantee, the Customer must report the defect to Patros-ITALO BOTTENE by writing to customerservice@italobottene.com, with a description of the defect and photographic documentation.

Art. 8 – Conventional commercial warranty
8.1 Purpose and nature.
Patros-ITALO BOTTENE offers the consumer Customer, in addition to and without prejudice to the legal guarantee of conformity referred to in Article 7 of these general conditions, a voluntary commercial warranty covering the Products, under the conditions summarised below and also indicated in the Warranty Certificate enclosed with the shipment. This commercial warranty does not limit or impair the mandatory rights recognised by law to the consumer Customer.
8.2 Duration and commencement. The commercial warranty lasts two years from the date of delivery of the Product to the Customer and requires the defect to be reported within two months of discovery.
8.3 Coverage. The commercial warranty covers defects in materials or workmanship that arise under normal and proper use of the Product, including:
• defects in settings and fastening elements (clasps, hooks, lobster clasps);
• defects in welding or joining of metal components;
• abnormal alterations of the surface finish not attributable to ordinary wear.
8.4 Remedies. In the event of a defect covered by this warranty, Patros-ITALO BOTTENE shall, at the Customer’s choice, repair or replace the defective Product or component, at no cost to the Customer. The repair shall be carried out so as to restore the Product to perfect working order; replacement of a component shall be made exclusively with new components. If neither repair nor replacement is possible, Patros–ITALO BOTTENE shall refund the price paid to the Customer.
8.5 Exclusions. The commercial warranty does not apply to defects or damage arising from:
• normal wear and tear of the product (including wear of polished or matt surfaces);
• improper, negligent or non-compliant use contrary to the care instructions provided, including, by way of example and without limitation: impacts, crushing, repairs/alterations/modifications not authorised in writing by Patros-ITALO BOTTENE, breakage, solvents, acids, perfumes;
• repair, modification or cleaning work carried out by persons not authorised by Patros–ITALO BOTTENE;
• accidental events, impacts, exposure to aggressive chemical or environmental agents;
• variations constituting natural and physical characteristics of the materials used that make the jewellery unique, including, by way of example and without limitation, irregularities of shape and size, colour shades, veining, lustre, and colour variations of metals;
• rhodium plating of white gold which, due to its intrinsic characteristics, periodically requires replating and polishing in order to maintain unchanged colour and lustre.
8.6 Exercise procedure. To exercise this warranty, the Customer must: (i) contact Patros–ITALO BOTTENE at customerservice@italobottene.com; (ii) describe the defect found; (iii) attach a copy of the purchase documentation (order confirmation and order number). Patros-ITALO BOTTENE shall inform the Customer, within 14 working days, of the procedure for returning the Product, the shipping costs of which shall be borne by Patros-ITALO BOTTENE.

Art. 9 — Instructions for use, care and maintenance
9.1 Accessibility of the instructions.
The care and maintenance instructions for the Products are available in the Product page of the Site and in the ‘Jewellery Care’ section. The Customer is required to consult them before use. Their availability on the Site ensures that they are knowable pursuant to Art. 129, paragraph 3, letter c), of Legislative Decree no. 206/2005.
9.2 Rules of use. To preserve the Product, the Customer must:
• apply perfumes, creams and hairsprays before putting on the jewellery and wait for them to dry;
• remove the Product before physical activity, contact with water (swimming pool, sea, sauna) and contact with chemical or abrasive substances or aggressive detergents;
• store each Product separately, in a soft case, away from humidity and direct heat.
9.3 Notes on materials. The Product page sets out the general characteristics of the jewellery. In particular: rhodium-plated white gold may require new rhodium plating over time; plated Products are subject to normal surface wear over time, which is also not covered by the warranty.
9.4 Effects of failure to comply. Legal guarantee. Non-compliant use of these instructions constitutes a circumstance that Patros-ITALO BOTTENE may invoke to demonstrate that the defect was not present at the time of delivery, rebutting the presumption of prior existence provided for in Art. 135 of the Consumer Code. Commercial warranty. Defects or damage causally attributable to failure to comply with these instructions are excluded from the commercial warranty referred to in Art. 8. 
9.5 Physiological wear. The normal tarnishing of polished surfaces and the progressive thinning of the finishes of plated Products do not constitute a lack of conformity or an event covered by the warranty.

Art. 10 – Right of withdrawal
10.1 Time limit and procedure.
The Customer qualifying as a ‘consumer’ has the right to return the product, without having to provide any reason and without penalties, within fourteen days from the date on which the Customer acquired physical possession of the Products, pursuant to Art. 52, paragraph 1, of the Consumer Code.
10.2 Exercise of the right of withdrawal online. The consumer Customer may exercise this right through the relevant procedure provided on the Site in the reserved area and by following the related instructions, or by using the relevant withdrawal form provided on the Site; Patros-ITALO BOTTENE shall promptly send an acknowledgement of receipt of the withdrawal by e-mail, including the content of the declaration and the date and time of transmission. Alternatively, the Customer may exercise the right of withdrawal by sending any other explicit declaration of the decision to withdraw to customerservice@italobottene.com.
10.3 Exceptions under Art. 59 of the Consumer Code. The right of withdrawal does not apply in all cases provided for by law and to Products made to measure or clearly personalised (e.g. engravings, measurements on request, personalised compositions), pursuant to Art. 59, paragraph 1, letter c), of the Consumer Code. Patros-ITALO BOTTENE informs the Customer of this exclusion clearly before the order is submitted. The right of withdrawal is also excluded if the Product has been handled in a manner other than what is strictly necessary to establish its nature, characteristics and functioning.
10.4 Free return. The costs of returning the Products shall be borne exclusively by Patros-ITALO BOTTENE.
10.5 Return of the Products. Within fourteen days of communicating the withdrawal, the Customer shall return or deliver the Products to the Seller, using the instructions provided in the acknowledgement of receipt of the withdrawal. The Products must be returned to the registered office of Patros-ITALO BOTTENE indicated for this purpose, in their original condition, complete with all parts, accessories, documentation and the relevant packaging, which must be kept intact insofar as possible. The Customer is solely responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning, pursuant to Art. 57, paragraph 2, of the Consumer Code.
10.6 Refund. Within 14 (fourteen) days following redelivery of the Products, Patros-ITALO BOTTENE shall refund the price to the Customer pursuant to Art. 56, paragraph 3, of the Consumer Code. The refund shall be made using the same payment method used by the Customer for the initial transaction, at no cost to the Consumer.

Art. 11 – Liability and force majeure
Patros-ITALO BOTTENE shall not be liable for delays in performing contractual obligations arising from force majeure events, including — by way of example — strikes, natural disasters, measures taken by authorities, interruptions of transport or communication services, insofar as such events are unforeseeable and beyond its control. In such cases, Patros-ITALO BOTTENE shall promptly inform the Consumer, who may terminate the contract if the delay exceeds a reasonable period of 60 days.

Art. 12 – Retention of the Contract
12.1
The Contract and the related order documents are stored, retained and archived by Patros-ITALO BOTTENE at its registered office, for the fulfilment of the obligations necessary for performance of the Contract, as well as for the related obligations and requirements prescribed by law, in compliance with the Privacy Code (Legislative Decree no. 196/2003) and Regulation (EU) 2016/679 of 27 April 2016.
12.2 The Customer may request access to and inspect such documents, upon written request to be sent to Patros-ITALO BOTTENE at least 7 working days in advance by registered letter with return receipt or by e-mail. The Customer may request Patros-ITALO BOTTENE to provide a copy of the Contract in electronic and/or paper format, upon payment of the cost of reproduction and of the medium provided.
12.3 In any event, the Customer is required to save, retain and archive a copy of the Contract.

Art. 13 – Confidentiality and personal data protection
Consult the privacy policy available at the link.

Art. 14 – Alternative dispute resolution (ADR/ODR)
14.1
In the event of a dispute, the Customer may submit a written complaint to Patros-ITALO BOTTENE at customerservice@italobottene.com; Patros-ITALO BOTTENE undertakes to respond within 10 working days.
14.2 If the dispute is not resolved out of court, the Customer may refer the matter to the competent alternative dispute resolution (ADR) bodies, in accordance with Art. 141-sexies of the Consumer Code. The Customer may also use the European Commission’s ODR (Online Dispute Resolution) tools, accessible at: https://consumer-redress.ec.europa.eu/index_en.

Art. 15 – Applicable law and jurisdiction
These Conditions are governed by Italian law. For Consumers residing in another Member State of the European Union, the mandatory provisions of the law of the Consumer’s country of residence shall also apply, where more favourable.
For any dispute relating to the interpretation, performance or termination of these Conditions, the court of the place of residence or domicile of the Consumer shall have jurisdiction, pursuant to Art. 66-bis of the Consumer Code.

Art. 16 – Amendments to the Conditions
Patros-ITALO BOTTENE reserves the right to amend these Conditions at any time. Amendments shall take effect exclusively for orders submitted after publication of the updated Conditions on the Site. The version applicable to the individual purchase is the one in force at the time the order is submitted.