TERMS AND CONDITIONS OF THE GUARANTEE
The Jeweller thanks you for making the purchase and inform you that, if your new item of jewellery should be stolen as a result of robbery, bag snatching, or theft (only the theft you have suffered as a result of accident, casualty or illness or theft suffered in your habitual residence) or destroyed as a result of fire ( the fire occurring in your habitual residence) providing the item of jewellery is worn by you on the day of the event of robbery, bag snatching or theft as a result of accident, casualty or illness or that the item of jewellery is kept inside your habitual residence in the event of theft or fire, you will obtain from the Jeweller an item of jewellery having the same characteristics or, alternatively, an item of jewellery of the same value of that stolen or destroyed.
1.1 This guarantee of replacement of the item of jewellery:
(a) is personal and shall be valid only and exclusively if at the time of the event covered by this guarantee the item of jewellery is the property and is held by the Purchaser or his/her living family but not younger than 15 years old, or is secured inside the habitual residence of the Purchaser;
(b) is valid on conditions that the price of the item of jewellery does not exceed Euro 5.000,00=;
(c) covers an event of bag snatching or robbery occurring anywhere in the world;
(d) covers an event of theft following vehicle accident, or other accident or illness occurring anywhere in the world;
(e) covers an event of theft or fire occurring in the habitual residence of the Purchaser;
(f) covers only and exclusively the events under artt. 1.1(c), 1.1(d) and 1.1(e);
(g) is null and void in the event of a false or fraudulent request of the Purchaser or if it is released to a person younger than 15 years old;
(h) does not cover loss, mysterious disappearance, accidental breakage, or partial damage, even if caused by attempted theft, robbery, bag snatching, theft by sleight of hand, theft from unattended vehicle, theft or fire in hotel/motel, or any other similar event;
(i) does not cover damages caused by nuclear explosions or radioactive contamination, tornadoes, hurricane, storm, earthquake, volcanic eruptions, floods, or other natural disaster, acts of war including civil war, invasions, hostilities (whether war is declared or not), terrorism, sabotage, revolution, rebellion, usurped power, sequestration, requisition, destruction or damage arising from act or provision of any Government or Authorities or any other similar act.
2. CONDITIONS OF THE GUARANTEE
2.1 It is an essential condition for the validity of this guarantee that the item of jewellery:
(a) is never left unattended in a vehicle or in a room in hotel/motel or in bags or luggage not under the direct custody of the Purchaser; and/or
(b) is at all times under the custody of the Purchaser with the diligence of a “good family father”.
2.2 It is an essential condition for the validity of the Guarantee under art. 1.1(e) against the event of theft inside the habitual residence of the Purchaser that:
(a) the thieves enter into such residence by burglary or breaking of doors, French windows, windows, floors or ceilings; and/or
(b) the thieves enter into such residence by forcing of locks of doors, French windows, or windows; and/or
(c) the thieves enter into such residence by means other than the intended ordinary access to the house, by overcoming obstacles or shelters likely to be overcome only with the aid of artificial means or by personal agility; and/or
(d) where the price of the item of jewellery exceeds Euro 1.500,00 (one-thousand-five-hundred), the item of jewellery, when not worn, is secured in a locked safe of the Purchaser or in a bank safe deposit box.
3. VALIDITY, PERIOD AND EFFECT OF THE GUARANTEE
3.1 This Guarantee is valid only if this certificate, duly completed in every part and signed by the Jeweller or Retailer or Reseller of the Jeweller and by the Purchaser, is sent to Goggi Sterling S.r.l., piazza Turati n. 5, Alessandria (AL), Italy. The Guarantee is not effective between the date of purchase of the Jewellery and the date of the postal stamp applied to the sending of this certificate.
3.2 The Guarantee of replacement is valid for a maximum period of 365 consecutive calendar days and shall automatically cease at the expiry of the 365th day after the date indicated as date of sale of the item of jewellery.
3.3 The guarantee shall take effect:
(a) as at 24:00 hours on the date of the postal stamp of the registered letter sent by the Purchaser to Goggi Sterling S.r.l., piazza Turati n. 5, Alessandria (AL), Italia with this certificate of guarantee enclosed; or
(b) as at 24:00 hours on the date of the fax or e-mail or registered letter sent by the Jeweller or Retailer or Reseller of the Jeweller to Goggi Sterling S.r.l., piazza Turati n. 5, Alessandria (AL), Italia, fax +39 0131 41204, e-mail email@example.com, with enclosed this certificate of guarantee.
4. DUTIES OF THE PURCHASER
4.1 The Purchaser shall act in all circumstances with the same due diligence which he/she would have if this guarantee of replacement did not exist.
4.2 If an event covered by this guarantee occurs, the Purchaser must send, within 3 days from such event on penalty of forfeiture of the guarantee the request for replacement, together with the following documentation by registered letter to Goggi Sterling S.r.l., piazza Turati n. 5, Alessandria (AL), Italia, , telephone +39 0131 232171, fax +39 0131 41204, e-mail firstname.lastname@example.org:
(a) written report to the police or judicial authorities competent in the territory where the event occurred;
(b) copy of this certificate of guarantee.
5.1 The Italian version of this certificate of guarantee shall be the authentic version and, in the event of discrepancies, shall prevail over the English translation.
6. APPLICABLE LAW
6.1 This certificate of guarantee is governed by Italian law