1. PREFACE AND EFFECTIVENESS OF THE GENERAL CONDITIONS
These general conditions of sale (hereinafter, “General Conditions”) are applied to the discipline of the purchase of products and services, carried out remotely and made available via the Internet, from the site www.egeminiani.com (hereinafter , the “Site”) in accordance with the regulations referred to in Italian Legislative Decree 206/2005, as amended and supplemented (hereinafter, the “Consumer Code”).
The seller of the goods and the owner of the site is: Geminiani S.p.a. with registered office in Via Dè Brozzi, 92/2 - 48022 Lugo (RA), VAT n 0231843039 – E-mail address: firstname.lastname@example.org (hereinafter “Geminiani”).
The consumer who accesses the Site for purchases (hereinafter “Customer”) is required before sending the order, to read these Terms and Conditions which have been made available on the Site, and will be available at all times by the Customer through the link contained in the confirmation of each order to allow playback and storage.
In the event that the person making purchases on the Site requires the issuance of the invoice and / or otherwise is not a “user or consumer” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, shall not apply the discipline of withdrawal pursuant to Art. 7 and 8 of the General Conditions or, more generally, forecasts that under the same Consumer Code shall apply only to “consumers”.
Contracts with Geminiani through the Website are governed by these Terms and Conditions in accordance with Italian legislation.
2. CHOOSE AND ORDER PRODUCTS
The features and price of various products for sale on the Site (the “Product” or “Products”) are listed on the page for each product.
For the purchase of the Product the Customer shall complete and submit the order form electronically, following the instructions contained in the Site. The Customer shall add the Product to the “shopping cart” and – after having read the Terms and Conditions and Policy Privacy and confirmed their acceptance – will have to enter the shipping and billing possible, select the desired payment method and confirm the order.
By placing an order on the Site, which has the value of the proposed contract, the Customer acknowledges and states that he has read all the indications provided in the purchasing procedure and accept these terms and conditions and payment transcribed.
The contract between Geminiani and the Customer shall be concluded with the acceptance of the order by Geminiani. This acceptance is communicated to the customer through an email of confirmation of the order with a reference to these Terms and Conditions, the order number, shipping and billing information, the list of products ordered by their essential characteristics and the total price, including delivery charges. The customer will check the confirmation email and if he finds errors in the order he will have 2 hours from the receipt of this email to contact Customer Service directly from the site using the contact form. After that time the order will be put into processing for shipment and will no longer be accepted changes, without prejudice to the rights of the Customer referred to in Article 7 below.
Once the order is received, Geminiani will check the availability of stock for fulfillment of the order. In the event that one or more products prove not available, the Customer Service Geminiani will prompt notice via email to the customer who, within the next 12 hours, will be entitled to respond to confirm the dispatch of additional basket or cancel it. In case of no response within that period, the order will be deemed to be confirmed and the basket will be put on consignment. In this case, the full amount relating to the Products or otherwise missing will be reversed, depending on the payment method, you will not be charged to the customer.
3. PRODUCT INFORMATION
The information and features related to products are available, with their product codes, on the Site.
The visual representation of the Products on the Website, if available, usually corresponds to the photographic image accompanying the description. It is understood that the image of the Products has the sole purpose of presenting them to the sale and may not be representative of its features and quality, but may differ in color, size, or even in the nature of the product (images may be generated automaticcally, and this may result in error in the visualization of the image). In case of difference between the image and the product file written, it’s always faith the unique product code.
4. PRICES AND SHIPMENTS
Product prices are inclusive of all taxes and charges. All prices are expressed in Euro.
Shipping charges will vary depending on the country of destination and dimensions or weight of the product, as described during the checkout stage on the Site. At a time when the customer selects a destination country or a different product, postage will be automatically updated.
5. METHOD OF PAYMENT AND INVOICING
5.1 Methods of payment
The Customer may pay for the Products and the shipping expenses by credit card, PayPal, bank transfer.
Credit Card and PayPal
Once you have confirmed the order, the customer will be redirected to PayPal’s site where you can make payment with your account or by using a paper, whether prepaid or otherwise in the manner accepted by Paypal and in accordance with the relevant conditions.
The Customer shall make the transfer within 3 days of the order date for orders of products. If this does not happen the order will be canceled and the goods made available again for purchase by other customers. The customer who has failed to make the transfer can be contacted by Customer Service in order to determine whether the cause of the failure to credit can be attributed to the will of the customer not to confirm the purchase, or other causes.
Data for the transfer:
c/c: Geminiani S.p.a.
Reason: the customer must indicate in the payment date and order number, to be found in the confirmation email (eg “01/01/19 Order no. 100 012 345″).
5.2 Billing of orders
If the purchase is carried out by a professional it will be able to apply for issuance of invoice by checking the appropriate box during the order process and entering the billing information including tax code and / or VAT. In this case, the invoice will be emailed to the address indicated. The professional is responsible for the proper placement of billing information and is expressly informed that in case of failure to request the invoice when ordering, he will not be able to request it later.
6. SHIPPING AND DELIVERY
The Products purchased on the Site will be delivered to the address specified by the customer during the purchase procedure in the field “Data Delivery”.
All purchases will be delivered by courier (hereinafter, “Courier”) from Monday to Friday, except national holidays and festivities. Geminiani is not responsible for unpredictable delays, or not attributable to it.
Once shipped the products the customer will receive a confirmation email which will include a link to reference for the tracking of the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days from the day following that on which Geminiani confirmed the order to the customer through a special email order confirmation. The said period of 7 working days applies for shipments to Italy and abroad in the countries listed below, with the only exception of Norway, Iceland, Switzerland and Liechtenstein for which the period of 7 days may be increased according to the different clearance times local.
Delivery services active in Italy: Express Courier
Shipments abroad will be carried out with various couriers depending on the country of destination in order to ensure the client with the best available rate.
Countries where the service is active: Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, the Principality of Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Hungary, United States.
7. RIGHT OF WITHDRAWAL
The customer has the right to terminate the purchase contract, except in cases of exclusion provided for in point IV. To exercise this right, the customer must send a notice to Geminiani within 14 days from the date of receipt of the Products using the form on the Site or, if he intends to exercise the withdrawal before he has received the products, the withdrawal notice may be sent at any time before products are received.
Such notice shall be sent by registered A / R, addressed to:
c.a. Ufficio Resi e Rimborsi
via De’ Brozzi, 92/2
48022 Lugo - (Ra) - Italy
Geminiani Customer Service will, upon receipt of the communication, open a practice for the management of return and inform the customer with instructions on how to return the products, which will happen by Geminiani courier itself.
The right of withdrawal shall be governed by the following conditions:
The law applies to product purchased in its entirety; therefore, if the Product is made up of several components or parts of it, it can be exercised only on the withdrawal of the entire product purchased.
In case of exercising the right of withdrawal Geminiani reimburses the customer the full amount of the returned goods, including shipping charges if provided, within 14 days from the date of receipt of the notice of withdrawal, without prejudice to the right of Geminiani to suspend the payment of redemption proceeds until actual receipt of the goods. Refund will be made using the same method of payment used by the customer, unless he has expressly required a different mode. In case of bank transfer or cash on delivery, the Buyer shall provide information of the bank on which to obtain reimbursement (account, name and address of the Bank and IBAN).
Also in order to ensure the return of gratuity under article 8, the Products must be returned in the same box in which they were received.
In addition to the cases mentioned in the Introduction (customer not the consumer and / or requires the bill), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
For reasons of hygiene and customer protection, the right of withdrawal applies only to Products purchased on the Site that can be returned to Geminiani and put back on the market without risk to the health of consumers.
In cases of exclusion of the right of withdrawal, Geminiani will return to the Customer the Products purchased by charging the same shipping costs.
8. DELIVERED FREE IN THE EVENT OF EXERCISE OF THE RIGHT OF WITHDRAWAL
As a condition more favorable to the customer, Geminiani maintains fully bear all shipping costs for the return of the Products in the event of exercise of the right of withdrawal.
In order to qualify for this free shipping, The customer who wishes to exercise the right of withdrawal shall follow the procedure set out in Article 7 and wait to be contacted by Geminiani to arrange the return of the Products to the carrier.
9. WARRANTY AND DEFECTS OF CONFORMITY
In case of lack of conformity of products sold by Geminiani the Customer shall immediately contact Customer Service using the contact form available on the website.
At the sale of the Products are subject to the legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. The Customer has the right, at his option and subject to the nature of the product that makes it possible, to restore, without charge, the conformity of the product by repair or replacement, or to an appropriate reduction of the price or the termination of the contract. The Customer will lose these rights to complain to Geminiani if the lack of conformity arrives beyond a period of 7 days from the date on which he receives the products, provided that it is not a product that by its nature is perishable or subject to a shorter term of expiring, in which case the defect must be reported within that period reduced.
10. ERRORS AND LIMITATIONS OF LIABILITY
Information regarding the products provided through the Website are constantly updated. However it is not possible to guarantee the complete absence of errors of which Geminiani therefore can not be held responsible, except in cases of willful misconduct or gross negligence.
Geminiani reserves the right to correct any errors, inaccuracies or omissions, including after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these Terms and Conditions and the Consumer Code.
Unless intent or gross negligence, the customer is not entitled to compensation for damages or the recognition of a compensation, and any contract or tort liability for direct or indirect damages to persons and / or property, caused by non-acceptance or fulfillment or partial fulfillment of an order.
Any complaint must be forwarded to Geminiani using the contact form accessible directly on the site, or by registered mail to / r at the following address:
c.a. Ufficio Reclami
via De’ Brozzi, 92/2
48022 Lugo - (Ra) - Italy
Geminiani is committed to respond to all requests received within a maximum of 7 working days.
12. APPLICABLE LAW AND JURISDICTION
The contract of sale between the customer and Geminiani is concluded in Italy and governed by Italian law. For the solution of disputes concerning the interpretation, execution or termination of these Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, it will be referred exclusively to the competent court of his town of residence or home if located in Italian territory; in all other cases, the territorial competence is exclusively that of the Court of Ravenna, any other jurisdiction excluded.
Pursuant to article 1341 of the Civil Code the Customer declares to have read and agreed to the following specific items of the General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors – exclusions of liability).