Dispute resolution - Without prejudice to the provisions of article 14 of the General Conditions of Sale, if you want information on the possibility of joining the European ODR platform for the alternative solution of disputes that may arise in relation to purchases made on our site, a new solution procedure alternative via the European ODR Platform, by accessing the following link: http://ec.europa.eu/odr.
CONDITIONS OF SALE
Date of publication on the site and entry into force 20/07/2021
1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "Gensami" brand products (hereinafter "Products" or the singular "Product") performed through the e-commerce site (of hereinafter the "Site") by users qualifying as "Consumers" pursuant to the following article 1.1. Mirages Srl. Deals with the sale of Products through the Site on behalf of the Owner. Purchases of Products made through the Site will see Mirages Srl as the seller (hereinafter the "Seller"), and the person who proceeds with the purchase of one or more Products for purposes not related to their business, commercial, craft or professional, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties"). The purchase order fulfillment activities, including the delivery of the Products, will be managed directly by the Owner. 1.2. The Owner is not a party to these Conditions, but the owner of the rights to the domain name of the Site, logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site. Purchases of Products made through the Site will see as parts Mirages Srl as the seller (hereinafter the " Seller "), and the subject who proceeds to purchase one or more Products for purposes not related to their business, commercial, craft or professional activity, as a buyer (hereinafter the " Consumer "), (Seller and Consumer will hereinafter be collectively referred to as the " Parties "). The purchase order fulfillment activities, including the delivery of the Products, will be managed directly by the Owner.
1.2. The Owner is not a party to these Conditions, but the owner of the rights to the domain name of the Site, logos and trademarks, relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.3. Any communication from 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. - will haveto be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address firstname.lastname@example.org
1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.5. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these Conditions will apply but, notwithstanding the provisions of the same:
a) the buyer will not be granted the right of withdrawal referred to in article 10;
b) the buyer will not be able to benefit from the warranty on the Products indicated in article 8;
c) the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or are compliant with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.6. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by e-mail to the address stated 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 costs for Internet connection to the Site, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is placed 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 from that date.
2.3. Prices, Products for sale on the Site and / or their characteristics may be subject to change without notice. These changes operate only for orders not yet confirmed at the date of the change itself. In any case, before sending the purchase order pursuant to point 3 below, 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 request delivery in one of the countries indicated on the Site.
3. How to purchase the Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is 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 a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in the insertion of their data.
3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or sending the order if the Consumer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order made, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller at the address < b> customercaregensami.it
3.4. Each contract for the purchase of the Products is concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4. Product selection and purchase procedure
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (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 completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: 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 him for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, by means of the appropriate check-box on the Site and finally, through the "Confirm order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in 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 the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the procedure for selecting the Products on the Site referred to in paragraph 4.1 above, the Consumer detects that the price of one or more of the Products that he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error in the Seller's Customer Service, by sending an e-mail to the e-mail address email@example.com
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to of an obvious technical problem occurring on the Site, if the Consumer himself has not yet received the Product, the Seller will (i) cancel the order, the delivery of which 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 when transmitting the order and (ii) reimburse the Consumer the payments made by the same 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 payment method used by the Consumer for the initial transaction.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is from to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to comply with 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 that on which the Consumer sent 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 refund any sums already 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 the payment method, the delivery term will start from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time of placing the order. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these Conditions, failing that, the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve".
6. Prices, shipping costs, taxes and fees
6.1. The price of the Products is that indicated on the Site at the same time as the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the confirmation of the order sent by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3. If the Products must be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), any customs duties and any other sales tax. . The Consumer is invited to inquire with 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. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions are the sole responsibility of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous paragraphs. 6.3. and 6.4., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it will not be able in any way to charge the aforementioned charges to the Seller.
7. Payments and Gift Cards
7.1. Payment of the price of the Products purchased through the Site must be made within the essential period 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 execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.
7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If the payment is made by bank transfer in favor of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation, as well as the order number.
7.4. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via 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. Seller's legal guarantee of conformity, reporting of lack of conformity and interventions under warranty
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Consumer Code apply. The Seller, as distributor of the Products through the Site, is free from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
10. Right of withdrawal
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reasons and without any penalty, within the term of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of the purchase of several Products delivered separately with a single order, the last product has been delivered.
10.2 To exercise the right of withdrawal, the Consumer, before the expiry of the term referred to in paragraph 10.1 above, must access the "Order history and details" page from Your Account or, if not registered on the site, by accessing the page dedicated and entering the order number and the e-mail with which the purchase was made. Alternatively, the Consumer can send an explicit declaration via the contact form or to the e-mail address firstname.lastname@example.org .
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Mirages Srl. And / or its successors in title, without the Consumer having any rights over the same from accessing the Site and / or purchasing the Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Mirages Srl.
12. Consumer data and privacy protection
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 may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site "Your Account" accessible after authentication.
13.1. Although the Seller takes measures to protect 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 authenticated (login), cannot be accessed or viewed by unauthorized third parties.