GENERAL TERMS AND CONDITIONS

1) DEFINITIONS

The expression” online sales contract “means that the contract of sale related to tangible property, concluded between these and the buyer under a system of distance selling via web tools, organized by Manufacturer.

The term “purchaser” means the consumer (human being) who makes the purchase under this contract, for the purposes which are outside his trade, business or profession.

The term “Supplier” means the person that carries out the sale of the goods under this contract.

2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES

Supplier:
The gift items under the mentioned general conditions are provided by Adriano Genisi with headoffice in in Altavilla Vicentina (VI) – via Vicenza n. 232 – P. IVA 03492950245.

Purchaser:
expressly make the purchase for the purposes outside his trade, business or profession and agrees not to do business than purchased.

3) SUBJECT AND CONCLUSION OF THE CONTRACT

With this agreement, respectively, the vendor sells and the purchaser buys at a distance through telematic means, only the tangible movable property indicated and offered for sale on this site.

The contract between the supplier and the buyer concludes exclusively through the internet by accessing the buyer at the address of this site, where after following the procedures, the buyer will formalize the proposal for the purchase of the goods offered for sale.

The purchase contract is concluded by an irrevocable order from the purchaser by filling in and submitting the online order form, which will be displayed in the order summary page, printable, which reported the details of originator and ordering, the price of the goods purchased and shipping costs, modalities and the terms of payment, the address where the goods will be delivered. When the supplier receives the order from the buyer . He will send a confirmation email and/or viewing a web page of confirmation and order summary, printable, which also reported the data entered by the buyer on the order form. The contract shall be deemed perfected and effective between the parties only with the execution of the order and the issuance of the invoice, the supplier being able to refuse the order until that time, . The sales invoice will be issued by Adriano Genisi on paper and is included inside the package that contains the ordered products.

4) METHOD OF PAYMENT AND REFUND

The Supplier will only accept payment in advance of the products ordered by the major credit cards (Mastercard and Visa). Your credit card details are handled directly by the Banca Generali or other banks, specialized in the management of online payments. The information is encrypted through the use of encryption technologies to prevent use by third parties and are sent directly to the Bank. The supplier reserves the right to request to the bank card issuer to check authenticity card ownership in case of problems. After this check, if successful, it will proceed with the procedure for the conclusion of contract and delivery of your order if there are no further impeding elements. Any refund the purchaser is entitled to will be credited by reversal of credit card payment, at the latest within 30 days, from the date on which the supplier is aware of the cause that generates the right to reimbursement.

5) TIMES AND METHOD OF DELIVERY

The supplier will deliver the ordered products via international courier, ensuring the goods for their full value. The timing of the order may vary from the day of order to a maximum of 5 working days, within which the invoice will be issued and consequently accepted the order with the beginning of its implementation. If the supplier is unable to make delivery within this period, buyer shall be given timely notice via e-mail with an indication of the deadline of order fulfillment. Delivery times may vary depending on the country of destination and other factors not directly controllable by the supplier and not attributable to it.

6) SHIPPING AND DELIVERY COSTS

The provider forwards using DDP (Delivery Duty Paid) in the CE countries, so in these destinations the goods will arrive directly at the place of delivery indicated without having to pay additional sums compared to those already paid at the time of formulation of the order. For all other countries DDU (Delivery Duty Unpaid)will be applicapble, then the carrier may show up with a separate Bill with which requires the payment of duties and taxes required by local authorities. For the purchasers not residing in a country that is not part of the EC it is advisable to inquire about local duties and taxes, before placing an order to the supplier.

7) SUPPLIER’S GOODS AND LIABILITY INSURANCE

The Manufacturer guarantees the products against theft and accidental damage from the moment of delivery to the courier until they arrive at their destination. The supplier is not obliged to replace or credit, damaged or tampered material lost during transport.

8) PRICES

All the selling prices of products displayed and indicated within this website are in euro (€) and are offered to the public pursuant to art. 1336 c.c., are inclusive of VAT and all other taxes in related to the delivery within the territory of a country. For deliveries to countries outside the EC, as specified in point 6), the carrier may require additional amounts for local taxes and duties from the buyer . Shipping costs will be displayed and calculated in the checkout process before the order by the buyer and also contained in the web page of the order summary. Prices shown at each of the goods offered to the public are valid until such time as the order is placed and indicated in the order summary page. Therefore, the prices and conditions can be changed at any time by the supplier and the buyer shall prevail what appears in the order summary page.

9) AVAILABILITY OF PRODUCTS

The supplier ensures through electronic system used for the processing and fulfillment without delay. If an order exceeds the existing amount in stock, the supplier via e-mail shall disclose to the buyer if the property is no longer available or what is the waiting time to obtain it, wondering if the buyer intends to confirm the order or not. The computer system of the supplier does the registration of your order as soon as possible by sending you a confirmation email, which has no legal obligation, it is a simple summary of the order.

10) LIMITATION OF LIABILITY

The provider assumes no liability for disruptions caused by force majeure, if fails to execute the order within the time provided for in the contract. The supplier shall not be liable to the buyer, except in case of fraud or gross negligence for malfunctions related to the use of the internet which is out of their control. The supplier shall not be liable for damages, losses and costs incurred by the buyer as a result of breach of contract due to the causes which are not attributable to him as the Buyer shall only be entitled to a refund of the price paid. The provider assumes no liability for any fraudulent or illegal use that may be made by third parties, by credit cards upon payment of the products purchased if he proves that he took all possible precautions in time and according to ordinary diligence.

11) LIABILITY BY DEFECT, TEST OF DAMAGE AND DAMAGES TO BE REQUIRED: SUPPLIER’S OBLIGATIONS

The Manufacturer cannot be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, an imperative rule of law or a binding decision, or if the State of scientific and technical knowledge at the time on which the producer put the product into circulation did not allow yet to consider the product as defective. No compensation shall be payable when the claimant was aware of the defect in the product and resulting danger and yet it was voluntarily exposed. In any case, the injured party must prove the fault, the damage and the causal relationship between defect and damage. The injured party may claim compensation for damage caused by death or personal injury or destruction or loss of a thing other than the defective product itself, provided that normally intended for private use or consumption and thus predominantly used by the injured person. The damage referred to in art. 123 of the consumer code will, however, compensable only to the extent that it exceeds the sum of euro 387 Euros.

12) GUARANTEES AND METHOD OF ASSISTANCE

The Supplier is liable for any faults or defects of the product found on his part , provided that such defect or fault is reported by means of registered mail to: Adriano Genisi, based in Altavilla Vicentina (VI)-via Vicenza # 232-Italy, or sent via e-mail to info@genisi.com within eight days of delivery.

13) OBLIGATIONS OF THE BUYER

The buyer agrees to pay the price of the purchased goods within the time and manner specified in the contract. Buyer agrees to the online purchase process, to print and the preservation of the web page that shows your order information. The information contained in this agreement were already examined and accepted by the purchaser, who shall act at the time of placing the order shows a reference to this web page.

14) RIGHT OF WITHDRAWAL

The buyer has the right to terminate the contract without penalty and without giving any reason, within 10 (ten) days following the day of receipt of the order. If the buyer decides to exercise the right of withdrawal, he/she must notify the seller using the form present in the area reserved to the buyer on this website. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and not used or worn with the red tag not removed. The only costs payable by the buyer to exercise the right of withdrawal under this article shall be the direct cost of returning to the supplier. The supplier will refund the amount due to the buyer following the withdrawal within the term of 30 (thirty) days of receipt of the cancellation notice provided that within this period the goods have been returned in original condition and not worn. Buyer shall send the returned goods to the following address: Adriano Genisi, based in Altavilla Vicentina (VI)-via Vicenza # 232.

15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF DATA OF BUYER

The provider protects the privacy of its customers and ensures that data complies with privacy legislation referred to in Legislative Decree 30 June 2003, n. 196. Personal data collected directly and/or through third parties by the controller Manufacturer are collected and processed in printed, computing, telematics, in relation to methods of treatment for the purpose of registering the order and activate the procedures against him for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations , and to enable effective management of trade relations to the extent necessary to carry out the requested service at best (article 24, paragraph 1, letter b, Legislative Decree No. 196/2003).

The supplier is obbliged to treat data and information provided by the buyer as confidential and should not disclose to unauthorized persons or use them for purposes other than those for which it was collected or to transmit them to third parties. Such information can be disclosed only upon request of the judicial authority or other authority authorized by law. Personal data will be disclosed after signing a commitment of confidentiality of data, only to subjects delegated to carry out the activities necessary for the execution of the contract and communicated exclusively for that purpose. The Purchaser has the rights under Article. 7 of Legislative Decree 196/03, namely the right to obtain: a) the updating, rectification or, when interested, integration of the data; b) the deletion, transformation into anonymous form or blocking of data processed unlawfully, including the data whose retention is unnecessary for the purposes for which the data was collected or subsequently processed; c) confirmation that the operations in letters a) and b) have been notified, in regard to their contents, to those to whom the data was communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate to the protected right.

The interested party has the right to object, in whole or in part I) for legitimate reasons to the processing of personal data concerning him/her, even if pertinent to the collection purpose; II) the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communication.. The communication of personal data by the purchaser is a necessary condition for the proper and timely execution of this agreement. Failing that, purchase will not be possible. In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will be done in a secure manner. The owner of the collection and processing of personal data is the supplier, to whom the buyer may direct at corporate headquarters, in Altavilla Vicentina (VI)-via Vicenza # 232 per request.

16) COMMUNICATIONS AND COMPLAINTS

Under Article . 12 of Legislative Decree 70/03 , the supplier shall inform the purchaser that each order submitted is stored in digital form on the server where the site resides in accordance with criteria of confidentiality and security .

17) ARCHIVE MODE OF THE CONTRACT

Direct written communications to the supplier and any complaints will be considered valid only if sent to the address Adriano Genisi – via Vicenza # 232-Altavilla Vicentina (VI), or sent via e-mail to info@genisi.com.

The purchaser should mention on the registration form, his/her residence address, telephone number or e-mail address to which he wishes to be sent supplier notification.

18) JURISDICTION

This agreement is governed by the Italian law.For all disputes arising from this contract, if the customer is a consumer (i.e. a natural person who purchases products for purposes not related to his professional activity), the territorial imperative is the court of the place of residence or domicile of the customer, if located in Italy (art. 63 of Legislative Decree No. 205/2006).

19) DURATION AND EFFICACY OF CONTRACTUAL CONDITIONS

The order confirmation implies the buyer’s acceptance of these general conditions.These conditions may be updated or changed directly with the transcription of the new standard on this site. The modification or update will be valid and effective for orders that have not been entered yet and for which it is not yet displayed and printed on the web page that summarizes the order data
Adriano Genisi – Altavilla Vicentina (VI) – via Vicenza n. 232
info@genisi.com
P.IVA 03492950245