General Terms And Conditions Of Sale

Art. 1

Recitals

1.1       These general terms and conditions of sale (“GTCS”) apply to all sales by G SHOP S.R.L. (“G SHOP”) of the products (“Product”) described on its website www.shop.gemar.it (“Website”), on the page dedicated to this https://www.gemar.it/it/prodotti.

1.2       Use of the online sale service on the Website according to these GTCS is reserved exclusively to natural persons who purchase the Product for purposes unrelated to any business or professional activity performed (“Customer”);

1.3       The Products are supplied by G SHOP S.R.L., with registered office in Casalvieri (FR), at via Colle Marracone 6, P. VAT number 03021410604;

1.4       The laws of Italy are applicable for the purposes to which these GTCS relate, including Legislative Decree no. 206/2005 (Consumer Code) and Legislative Decree 70/2003 (E-commerce Decree), implementing Directive 2000/31/EC;

1.5       Pursuant to Art. 12 of the E-commerce Decree, the Customer is required carefully to read these GTCS, which are available on the Website;

1.6       The Customer is aware that:

- these GTCS are the only ones that can be applied and replace all other terms and conditions, except in the case of express and written prior derogations from them;

- G SHOP may alter the GTCS and it is therefore advisable for the Customer to read them for an update before making the online purchase;

- the revised GTCS are enforceable from the date of their publication, but are not applicable to contracts entered into before that date;

1.7       The applicable GTCS are effective from the date of conclusion of the online sale contract referred to in Article 2 below, which occurs once the order has been confirmed and when the Customer has read and unconditionally accepted the GTCS, after consulting them on the Website.

Art. 2

Conclusion of the contract

2.1       The online contract (“Contract”) is intended as concluded when the following actions are performed:

- registration of the Customer on the Website, on the page dedicated to “Private customers”;

- performance of the procedures indicated on the specific Product order form;

- confirmation of the order by pressing the send key and making the relative online payment, after the Customer has read and expressly accepted these GTCS.

2.2       On conclusion of the Contract, G SHOP sends an e-mail summarising the order, which is printable and indicates the details of the Customer and the order, the price of the Product, the shipping costs and any accessory charges, the delivery methods and times, the existence of the right of withdrawal and information on commercial warranties.

2.3       The Contract shall be intended as not concluded if the price is not paid in the methods indicated in Articles 3 and 4 below.

Art. 3

Prices

3.1       The sale prices of the Product indicated on the Website are expressed in Euro (including VAT) and do not include the shipping costs.

3.2       Although the shipping costs are not included in the purchase price, they are expressly indicated in the order summary and calculated together with the price before the order is confirmed. The shipping prices are indicated in Article 6 below.

Art. 4

Payment method

4.1       The Customer shall pay the price of the Product and the relative shipping costs through Paypal, in order to enter into the Contract.

4.2       For each payment on the Website, G-SHOP issues a printable invoice/receipt, containing the information compiled on the specific online form when the order is made.

4.3       All communications relating to payments are made on a specific line of G SHOP that is secured through an encryption system. G SHOP guarantees storage of this information with a further level of security encryption.

Art. 5

Delivery times and methods

5.1       G SHOP undertakes to ship the Product by courier to the address indicated by the Customer on the order form. Deliveries will be made using the following methods:

a) free shipping;

b) shipping costs paid by the Customer;

5.2       G SHOP guarantees delivery within 5 days for orders in Italy made by 11 a.m. on weekdays. In any case, with the exception of cases of force majeure or unforeseeable circumstances, the Product will be delivered within a maximum of seven days, except for orders to other EU and non-EU countries, for which the delivery date will be confirmed by email.

5.5       The express courier service makes two delivery attempts. If the Customer is absent when the first attempt at delivery is made, the Product will be held in stock to await the second attempted delivery. In the case of absence the second time, a third delivery attempt may be made, with the costs to be paid by the Customer, or the Product may be held in stock at the courier’s local depot for a maximum period of five (5) days, after which the Product will be returned to the G-Shop warehouses.

5.6       At the moment of delivery by the courier, the Customer must check that the number of packages delivered corresponds with what is indicated on the consignment note, that the packaging is unopened, undamaged, not damp or altered in any way, including the sealing materials (adhesive tape, wrapping paper).

5.7       The Customer must report any delivery defects immediately, writing the words “accepted conditionally” on the proof of delivery of the courier. Failing this, once the document of the courier is signed, the Customer may not file any complaint about the exterior characteristics of the package. In any case, without prejudice of any kind to the warranties of Article 8 below, the Customer is required to report any Product deformities with respect to the order made in the shortest time possible, by sending an e-mail to the dedicated address.

Art. 6

Shipping costs

6.1       Shipping costs vary according to the territory and the weight/volume of the shipment.

The table below shows the cost per country & weight/volume, expect for customers for whom different sales and shipping conditions have been agreed.

6.2       Customs charges could be added for deliveries overseas (non-EU countries).

Art. 7

Right of withdrawal

7.1       The Customer has the right to withdraw from the Contract pursuant to Art. 54 of the Consumer Code, without specifying the reason, within the term of fourteen (14) days from the date of receipt of the Product. The right applies to the Product purchased in its entirety and it is not possible to exercise the right of withdrawal solely on part of the Product purchased.

7.2       A Customer who intends to exercise the right of point 7.1 above must:

- notify Customer Service in writing/by e-mail;

- fill out the specific withdrawal form available on the Website, indicating the Product, the order number and the identification codes of the Product purchased;

- deliver it to G SHOP within a maximum term of 14 days.

7.3       The Product must be returned whole, with the original internal packing and external packaging, with the form inside, and must not be damaged or have been tampered with, failing which the right of withdrawal and relative refund of the price paid by the Customer will be forfeited.

7.4       The refund due to the Customer will be credited in the same method used to make payment according to point 4.1 above.

7.5       G SHOP will make the refund referred to in point 7.4 above within five (5) days of receiving the Product, after checking that the Product is whole and undamaged, pursuant to and in accordance with point 7.3 above.

7.6       The Customer will forfeit the right of withdrawal in cases in which G SHOP discovers that:

- the original internal packing and/or external packaging is missing;

- integral elements of the Product are missing;

- the Product has been damaged for reasons other than its shipment.

7.7       In the cases of point 7.6 above, G SHOP will not be required to give a refund and will return the good purchased to the Customer, charging the shipping costs to the Customer.

Art. 8

Legal warranty and procedure

8.1       G SHOP guarantees the Customer conformity of the Product with the description published and the characteristics indicated on the Website, i.e. suitability for its intended use, for a period of two (2) years from the delivery date, except in cases that invalidate the warranty.

8.2       In the case of a defect in the times indicated in point 8.1 above, the Customer has the right to report said defect to Customer Service which, after checking the defects described, including through use of photographs, will arrange return of the Product within a term of 14 days, in order for it to be checked at the company, which will pay the shipping costs.

8.3       If the warranty is not valid pursuant to the previous points, G-SHOP will return the Product to the address of the Customer, who will be responsible for paying the shipping costs.

8.4       If the warranty is valid pursuant to the previous points, G-SHOP will reship a new Product to the address of the Customer and will pay the shipping costs.

8.5       G-SHOP may not be held liable if the defect is the result of improper use of the Product, an imperative law or binding measure, or if the state of scientific and technical know-how, at the moment when G-SHOP placed the product on the market, would not have resulted in the Product being considered as defective, or for any damage deriving from nonconforming use of the Product.

Art. 9

Limitation of liability

9.1       G-SHOP accepts no liability for disservices caused by force majeure events, including in the case of malfunctions connected with use of the Internet and beyond its control, if it is unable to fulfil the order in the times envisaged by these GTCS.

Art. 10

Methods of storage and protection of personal data

10.1     Pursuant to Art. 12 of the E-commerce Decree, G-SHOP informs the Customer that every confirmed order is stored in electronic format on the server and on paper at its offices, according to criteria of confidentiality and security.

10.2     By making the order and filling out the relative form, the Customer agrees to processing of their personal data, according to the Personal Data Protection Policy indicated on the page https://gemar.it/en/privacy-policy, which may be consulted on the Website.

10.3     Similarly, for cookies, reference is made to the policy described on the page https://gemar.it/en/cookie-policy, which may be consulted on the Website.

Art. 11

Obligations of the Customer

11.1     It is forbidden for the Customer to enter false and/or invented and/or fictional data during the registration phase or on the order form.

11.2     G-SHOP shall not be held liable for the issue of receipts or invoices that contain errors as a result of errors in the data provided by the Customer and the Customer remains solely liable for incorrect entry.

Art. 12

Settlement of disputes

12.1     These GTCS are governed by the laws of Italy and must be interpreted in accordance with Italian laws and/or European regulations.

12.2     The Court of the place of residence or elected domicile of the Consumer has sole and mandatory jurisdiction for disputes relating to the interpretation, validity and/or execution of these GTCS, pursuant to Art. 33(2)(u) of the Consumer Code and the Lugano Convention of 30 October 2007 (for non-EU countries).

12.3     The parties retain the right to settle the dispute through mediation pursuant to Decree Law no. 28/2010.

Pursuant to and in accordance with Articles 1341 and 1342 of the Italian Civil Code, the following clauses are specifically approved: Art. 2 “Conclusion of the contract”, Art. 5 “Delivery times and methods”, Art. 7 “Right of withdrawal”, Art. 8 “Legal warranty and procedure”, Art. 9 “Limitation of liability”, Art. 11 “Obligations of the Customer”.