GENERAL CONDITIONS OF SALE
These general conditions of sale have as their object the regulation of the purchase of products and services, carried out remotely and made available via the Internet, from gardinicioccolato.it in compliance with the Italian legislation under Legislative Decree 206/2005 and subsequent amendments and additions.
This site is the property of F.lli Gardini di Fabio and Manuele Gardini General Partnership (G.P.) – with registered and administrative office in
38, via Ettore Benini – 47121 Forli’ (FC).
EEC VAT Reg: IT 0189570403.
Tel +39.543480375 – Fax +39.543480375
Access to and use of the gardinicioccolato.it website are subject to the terms and conditions set out below.
The sale is governed by these "General Conditions of Sale" as well as by the procedures indicated in detail in the sections of this site called, respectively, "Shipments and Deliveries" and "Privacy", which are to be considered an integral part of the sales contract. Therefore, before sending the order, the purchaser is invited to carefully read the conditions of sale as identified above and the information contained therein and to print or save them on another durable medium accessible to him in compliance with and as provided for in Articles. 3 and 4 of Legislative Decree no. 185/1999 relating to distance selling.
Any changes or new conditions will be promptly reported, will be effective from the time of publication on the site and will be applied only to sales concluded after the notice.
Placing an order implies that the customer agrees to the terms and conditions of sale in force at that time.
Nothing will be due, in the form of damages, compensation, contractual or extra contractual liability, direct or indirect damage to persons and / or property, caused by the non-acceptance of the order by gardinicioccolato.it.
The purchase of the products on gardinicioccolato.it is allowed only from users who have reached the age of 18.
CONCLUSION OF THE CONTRACT
Orders placed on gardinicioccolato.it via the Internet must be completed in its entirety and must contain the elements necessary for the identification of the customer and the products ordered as well as the indication of the place of delivery, otherwise it will be cancelled. Gardinicioccolato.it will send the customer, by e-mail, a confirmation of the order, containing a reference to the applicable sales conditions.
CHARACTERISTICS AND AVAILABILITY OF THE PRODUCTS
It may occur that for certain products the quantities available in the warehouse are not sufficient to fill all orders as scheduled. Therefore, for the purposes of priority, the criterion of the hour and minute of dispatch of the order will apply, resulting in timely notification to all out of stock customers of a possible postponement of deliveries.
PRICES AND METHOD OF PAYMENT
The prices of the products indicated in the various sections of this site are inclusive of VAT. The prices applied are those indicated on the site at the time of the order by the customer. The prices of individual products are susceptible to changes and, therefore, the prices indicated on the website, cancel and replace those previously indicated. The price of the products purchased, together with the cost of home delivery, must be paid by the customer when ordering online. The fiscal documentation will be issued by gardinicioccolato.it at the time of shipment of the order.
Gardinicioccolato.it accepted methods of payment:
- PayPal – Once the order is confirmed, the buyer will be redirected to the PayPal site where he can make the payment with his account or using a credit card or in any case according to the methods accepted by PayPal and in accordance with the relevant conditions.
- Bank transfer account to: F.lli Gardini di Fabio and Manuele Gardini G.P.
SWIFT: UNCRITM1QO0 IBAN: IT 60 I 02008 67740 000001059826
The buyer must make the bank transfer within 5 working days from the date of the order, otherwise, the order will be cancelled. The order is processed upon receipt of payment. The times of receipt of the transfer are technical banking times that do not depend on F.lli Gardini G.P.
PayPal data is managed directly by PayPal
To obtain the invoice you must indicate: company name, VAT number and tax code if different, certified email address at the time of registration and indicate "company", the invoice will be sent with the goods. The purchaser is responsible for the correct insertion of the invoicing data and is expressly informed that, in the event of failure to request an invoice at the time of order, it will not be possible to request it later.
SHIPPING AND DELIVERY
Gardinicioccolato.it delivers the product or products ordered, under the conditions expressly indicated in the section entitled "Shipping and delivery".
WARRANTY AND LIABILITY
gardinicioccolato.it, within the limits of availability as stated above, guarantees that products will be delivered equal to those indicated and described on the website. Gardinicioccolato.it guarantees compliance with all regulations regarding the storage of products until delivery to the place indicated in the order. The images that we provide on the site gardinicioccolato.it serve to facilitate the recognition of products, the complete craftsmanship of our products gardinicioccolato.it makes it possible to change the packaging at the time of realization, the photos may therefore not reflect in detail the appearance of the product that will be sent. We believe that this, too, shows how genuine our production is.
LIMITATIONS OF LIABILITY
gardinicioccolato.it does not take responsibility for inefficiencies attributable to force majeure and or for inefficiencies or malfunctions related to the use of the website.
gardinicioccolato.it cannot be held responsible towards the purchaser, except in the case of wilful misconduct or gross negligence.
gardinicioccolato.it will also not be liable for damages, losses and costs incurred by the buyer as a result of failure to perform the contract for reasons not attributable to gardinicioccolato.it, the buyer being entitled only to full refund of the price paid.
gardinicioccolato.it does not assume any responsibility for any fraudulent or illegal use that may be made by third parties, credit cards upon payment of the products purchased
COMMUNICATIONS AND COMPLAINTS
In the registration form, the purchaser shall indicate his residence and domicile, telephone number and e-mail address to which he wishes the supplier’s communications to be sent. Once the order is received, the buyer can report any problems by initiating a complaint procedure within 8 (eight) working days. Written communications addressed to F.lli Gardini G.P. and any complaints will be considered valid only if sent to the address F.lli Gardini di Fabio and Manuele Gardini G.P. 38, Via considere – 47121, Forli (FC), Italy or sent by fax to the number +39 0543 480375.
In the case of damaged or missing goods, which therefore show obvious discrepancies between the goods purchased and those received, it is the right of F.lli Gardini G.P. to ask the purchaser for photographic evidence of the non-conformity of the delivery. If, following the verification of the photographic evidence, the non-conformity is confirmed, F.lli Gardini will proceed to refund the purchaser the exact amount paid by the purchaser. If the refund is partial and does not cover the entire order, any shipping costs paid by the customer will not be refunded.
F.lli Gardini G.P. avails itself of the right to reject a complaint in the following cases:
- incorrect, incomplete or unsuitable delivery address (based on the data provided by the buyer during the purchase) or lack of a reference of the receiver visible to the shipper at the delivery address (e.g. house number or name and surname on the bell). The delivery information entered by the buyer and recorded at the time of ordering is binding on the buyer. In the event of an error in the entry of such delivery data, F.lli Gardini G.P. cannot be held responsible for the impossibility of delivering the goods as a result of this error.
- Delivery not carried out due to the absence of the receiver.
- missing or damaged packages if the "acceptance under reserve" of the goods has not been indicated at the time of receipt of the goods
DISPUTES AND APPLICABLE LAW
Civil disputes concerning the application, execution and interpretation of the distance selling contract will be subject to Italian jurisdiction in the Court of Forli’ (Italy). Distance contracts with gardinicioccolato.it are governed by Italian law and, for anything not expressly provided for, the relevant legal provisions apply.