Dispute resolution - without prejudice to the provisions of article 14 ofGeneral conditions of Sale , if you want information on the possibility of adhering to the European ODR platform for the alternative resolution of disputes that should arise in relation to the purchases made on our site, that is, you intend to start a new alternative resolution procedure through the European ODR platform, access the following link:http://ec.europa.eu/odr.
Conditions of sale
Date of publication on the site and entry into force 20/07/2021
1. object
1.1. These General Conditions of Sale (hereinafter also the "Conditions") Apply to the purchase of" Gensami "brand products (hereinafter"Products"Or in the singular"Product") Performed through the e-commerce site (hereinafter the"Site") By qualifying users as" consumers "pursuant to the subsequent article
1.1. Miranges Srl. Slu deals with the sale of products through the site on behalf of the owner. The purchases of the products performed through the site will see how parties Mirages srl as a seller (hereinafter the "Salesperson"), And the person who proceeds with the purchase of one or more products for purposes not referable to his business, commercial, artisan or professional activity, as a buyer (hereinafter the"Consumer"), (Seller and consumer will be collectively indicated below how the"Set off"). The process of evasion of purchase orders, including the delivery of the products, will be managed directly by the owner.
1.2. The owner is not part of these conditions, but owner of the rights on the domain name of the site, logos and brands, relating to the products presented on the site, as well as the copyright on the contents of the site.
1.3. Any communication of the consumer connected and/or related to the purchase of the products - including any reports, complaints, requests concerning the purchase and/or delivery of the products, the exercise of the right of withdrawal, etc. - must be sent to the seller to the contact details and according to the methods indicated on the site and to the e-mail addresscustomercare@gensami.it
1.4. Each purchase is regulated by the general conditions of sale in the version that will be published on the site at the time of the transmission of the order by the consumer.
1.5. The site is dedicated to retail sale and as such is intended for exclusive use of consumers. The subjects who are not consumers are not invited not to be made. If one or more sales are performed against a non -qualifying consumer, these conditions will be applied but, in derogation of the provisions of them:
a) the buyer will not be recognized the right of withdrawal referred to in article 10;
b) the buyer will not be able to benefit from the guarantee on the products indicated in article 8;
c) the buyer will not be recognized any other protections, provided here in favor of the consumer, who reflect or comply with mandatory forecasts of the law;
d) the sales contract concluded between the seller and the buyer will be regulated by Italian law, with the exclusion of the United Nations Convention on contracts for the International Sale of Goods - Vienna Convention from 1980.
1.6. At the same time as the transmission of the purchase order, the consumer accepts that the confirmation of the information relating to the order made and these conditions are sent to him by e-mail to the address declared by the same during registration on the site or during the purchase process .
1.7. In order to make purchases through the site, the consumer must have the age of majority (18 years) and the ability to act, which the consumer declares to possess.
1.8. Any expenses for the connection via the Internet to the site are exclusively charged to the consumer, including the telephone ones, according to the rates applied by the operator selected by the consumer himself.
2. Characteristics of the products and their availability in the different geographical areas
2.1. The products are sold with the characteristics described on the site and according to the conditions published on the site when sending the order by the consumer, with the exclusion of any other condition or term.
2.2. The seller reserves the right to modify these conditions at any time, at its discretion, without the need to provide any notice to users of the site. Any changes made will be effective from the date of publication on the site and will apply only to sales concluded from starting from that date.
2.3. The prices, the products on sale on the site and/or the characteristics of the same, can be subject to variations without notice. These variations operate only for orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order pursuant to point 3, the consumer is invited to check the final sale price.
2.4 The site can be accessed from all over the world. However, the products available on the Site can only be purchased by users who require delivery in one of the states that are indicated on the site.
3. Methods for purchasing products - Perfection of each individual purchase contract
3.1. The presentation of the products on the site, not binding for the seller, represents a mere invitation to the consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the consumer to the seller through the site has the value of the contractual proposal and is regulated by these conditions, which constitute an integral part of the order itself and that the consumer, by transmitting the order to the seller, is required to accept fully and without any reserve. Before proceeding with the purchase of the products, by sending the purchase order, the consumer will be requested to read these conditions carefully and the information on the right of withdrawal, to print a copy through the printing command and to store or to reproduce a copy for your personal uses. In addition, the consumer will be asked to identify and correct any errors of entering their data.
3.3. The consumer purchase order is accepted by the seller with the sending to the consumer, to the e -mail address by them declared to the seller when registering on the site or the transmission of the order if the consumer is not recorded on the site , of an e-mail of confirmation of the order itself, which will report the link to the text of these conditions, the summary of the order made, including the detailed indication of the price, the shipping costs and the applicable taxes, and the Description of the characteristics of the ordered product. The order of the consumer, the confirmation of the order of the seller and the conditions applicable to the relationship between the parties will be electronically archived by the seller in their IT systems and the consumer can request a copy by sending a communication via e-mail to the seller to the addresscustomecaregensami.it
3.4. Each product purchase contract is concluded when the consumer receives confirmation of the order from the seller by e -mail.
4. Product selection and purchase procedure
4.1. The products presented on the Site can be purchased by selecting the consumer interest products and their insertion in the appropriate virtual purchase trolley. After the selection of the products, to perform the purchase of the products included in the cart, the consumer will be invited to (i) register on the site, providing the requested data, namely (II) to log in, if the consumer is already registered or (iii) to provide their data in order to complete the order and allow the contracting of the contract. If the data indicated in the order are different from those provided during registration to the site, the consumer will be requested to confirm their data (by way of example but not exhaustive: name, surname, etc.), as well as the address where to deliver The selected products, the billing address and, optionally, a telephone number where you can contact it for any communications relating to the purchase made. The consumer will display a summary of the order to be performed, of which he can modify the contents: therefore, the consumer, after careful reading, must expressly approve these conditions, through the appropriate check sign (check-box) on the site and Finally, through the "order confirmation" button, the consumer will be requested to confirm his order, which will thus be definitively sent to the seller and will produce the effects described to the previous par. 3.2. of this contract. The consumer will also be asked to choose the shipping method and the payment method, among those available. If the consumer decides for the immediate payment method (contextual to purchase) by credit card, paypal or immediate bank transfer, will be required to communicate the relevant data through a protected connection. For accounting and administrative needs, the seller reserves the right to verify the details indicated by the consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of the transmission of the confirmation of the order from the seller to the consumer.
4.2. If during the procedure for selecting the products on the site referred to in point 4.1, the consumer detects that the price of one or more of the products it intends to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions at that time in force, due to an evident technical problem that occurred on the site, is asked not to complete its purchase order and to report the aforementioned technical error to the Seller's customer service, sending an e-mail to the e -mail addresscustomercare@gensami.it
4.3. In cases where the consumer has completed his purchase order and in the latter, a product whose price is clearly lower than that normally applied, net of any discounts and/or promotions at that time in force, due to that time of an evident technical problem that occurred on the site, if the consumer himself has not yet received the product, the seller will provide for(the) cancel the order, whose delivery will therefore not be carried out, simultaneously sending a communication in this regard via e-mail, to the e-mail address indicated by the consumer during the transmission of the order e(II) Reimbursement to the consumer the payments from the same made in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the consumer for the initial transaction.
5. Delivery of the goods and acceptance
5.1. The site indicates the availability of the products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the seller.
5.2 The seller undertakes to do what in his faculty in order to respect the delivery times indicated on the site and, in any case, to carry out the delivery in a maximum time of 20 (twenty) days from the day following the one in to which the consumer transmitted the order. In case of non -execution of the order by the seller, due to the unavailability, even temporary, of the product, the seller will provide written communication to the consumer and will reimburse the sums that may already be paid by the consumer for the payment of the product pursuant to the following par. 5.3. If the consumer has chosen the bank transfer as a method of payment, the delivery deadline will start from the seller's reception of the consideration.
5.3. The shipment of the products ordered by the consumer will take place in the method selected by the consumer, among those available and indicated on the site at the time of sending the order. The consumer undertakes to check promptly and in the shortest period possible that the delivery includes all the products purchased and to promptly inform the seller of any possible defect of the products received or their discrepancy with respect to the order made, according to the procedure to which in the following art. 8 of these conditions, failing the products in the absence, they will be considered accepted. If the packaging or envelope of the products ordered by the consumer should reach clearly damaged intended, the consumer is invited to refuse the vector/shipper delivery or to accept the delivery "with reserve".
6. Prices, shipping costs, taxes and taxes
6.1. The price of the products is the one indicated on the site at the same time as the consumer's sending of the order. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include the shipping costs that are calculated before confirmation of the order transmitted by the seller to the consumer and that the same Consumer undertakes to pay to the seller in addition to the price indicated on the site.
6.2. The consumer will have to pay the seller the total price, as reported in the order and confirmation of the order sent by e-mail by the seller to the consumer.
6.3. If the products must be delivered in a country not belonging to the European Union, the total price indicated in the order and reiterated in the confirmation of the order, including indirect taxes (if applicable) of any customs duties and any other sales tax . The consumer is invited to inquire at the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.
6.4. They are exclusively loaded by the consumer, any further cost, burden, tax and/or set that a given country should apply, to any title to the products ordered according to these Conditions.
6.5. The consumer declares that the failure to know the costs, charges, duties, taxes and/or taxes referred to in the previous par. 6.3. and 6.4
7. Payments and Gift Cards
7.1. The payment of the price of the products purchased through the Site must be made within the essential deadline of 10 (ten) days from the date of transmission of the order confirmation from the seller to the consumer. The consumer expressly accepts that the seller's execution of the contract will begin at the time of the price of the price of the product (s) purchased on the current account of the seller himself.
7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The seller can allow further payment methods, indicating them in the website payments section.
7.3. If the payment is made by bank transfer to the seller, the consumer must indicate the "swift" and "iban" codes reported in the confirmation of the order, as well as the order number.
7.4. The seller will promptly transmit to the consumer, if provided for by the applicable law, in electronic format by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the products purchased are intended to be delivered in the Italian territory, or attached in paper format to the products purchased, in all other cases.
8. Legal guarantee of conformity of the seller, reporting of conformity defects and guarantee interventions
9. Responsibility for damage from defective products
9.1. As regards any damage caused by product defects, the provisions of the European directive 85/374/EEC and the consumer code apply. The seller, in the capacity of distributor of the products through the Site, frees itself from any responsibility, no excluded and/or except, indicating, at the request of the damaged consumer, the identity and domicile of the relative producer.
10. Right of withdrawal
10.1 without prejudice to the exceptions referred to in article 59 of the consumer code, the consumer is recognized the right to withdraw from any contract concluded pursuant to these conditions, without having to provide any motivation and without any penalty, within the deadline of 14 ( Fourteen) days since (i) the product was delivered or (ii) in the case of purchase of multiple products delivered separately with a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the consumer, before the course of the term referred to in point 10.1, must access the "historical and details of the orders" from your account or, if it is not registered on the site, accessing the page dedicated and enter the order number and the e-mail with which he made the purchase. Alternatively, the consumer can send an explicit declaration through thecontact form or to the e-mail addresscustomercare@gensami.it.
11. Intellectual property rights
11.1. The consumer declares to be informed that all brands, names, as well as any distinctive sign, denomination, image, photography, written or graphic text used on the site or relating to the products are and remain the exclusive property of Mirages srl. E/ or of its A information on, without accessing the site and/or by purchasing the products to derive any right on the consumer.
11.2. The contents of the site cannot be reproduced, neither in full nor partially, transferred with electronic or conventional means, modified, or used at any end without the prior written consent of Mirages srl.
12. Consumer data and privacy protection
12.1. In order to proceed with the registration, the order of the order and therefore at the conclusion of the contract on the basis of these conditions, some personal data to the consumer are requested through the site. The consumer acknowledges that the personal data provided will be registered and used by Mirages srl, in accordance with and in compliance with the legislation referred to in Italian law of Legislative Decree no. 196/2003 and S.M.I. - Privacy Code, to execute each purchase made through the Site and, upon its consent, for any further activities as indicated in the appropriate privacy policy provided to the consumer through the site at the time of registration.
12.2. The consumer declares and guarantees that the data provided to the seller during the registration and purchase process are correct and truthful.
12.3. The consumer can at any time update and/or change their personal data provided to the seller through the appropriate section of the "your account" site accessible upon authentication.
13. Security
13.1. Although the seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the seller cannot guarantee that the information or data displayed by the consumer on the site, even after the consumer has provided authentication (login), cannot be accessible or viewable by unauthorized third parties.
