Legal Area

Publication and effective date on the website 20/07/2021

1.1. These general terms and conditions of sale (hereinafter also the "Conditions") apply to the purchase of "Gensami" branded products (hereinafter "Products" or in the singular "Product") made through the e-commerce website (hereinafter the "Website") by users who qualify as "Consumers" pursuant to the following article.
1.1. Mirages Srl handles the sale of Products through the Website on behalf of the Owner. Purchases of Products made through the Website will involve Mirages Srl as the seller (hereinafter the "Seller"), and the party purchasing one or more Products for purposes unrelated to their entrepreneurial, commercial, craft, or professional activity, as the buyer (hereinafter the "Consumer") (Seller and Consumer will hereinafter be collectively referred to as the "Parties"). Order fulfillment activities, including Product delivery, will be managed directly by the Owner.

1.2. The Owner is not a party to these Conditions but is the owner of the rights to the domain name of the Website, the logos and trademarks related to the Products presented on the Website, as well as the copyright to the content of the Website.

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. - must be sent to the Seller at the contact details and in the manner indicated on the Website and to the e-mail address customercare@gensami.it

1.4. Each purchase is governed by the general terms and conditions of sale in the version published on the Website at the time the order is placed by the Consumer.

1.5. The Website is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Parties who are not Consumers are requested not to place purchase orders. Should one or more sales be made to a party not qualifying as a Consumer, these Conditions will apply, but, notwithstanding the provisions therein:

1. the buyer will not be granted the right of withdrawal referred to in article 10;
2. the buyer will not benefit from the Product warranty indicated in article 8;
3. the buyer will not be granted any other protections provided herein for the Consumer, which reflect or comply with mandatory legal provisions;
4. the sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

1.6. Concurrently with the submission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions will be sent to them via e-mail to the address declared by them during registration on the Website or during the purchase process.

1.7. To make purchases through the Website, the Consumer must be of legal age (18 years old) and have the capacity to act, which the Consumer declares to possess.

1.8. Any costs for Internet connection to the Website, including telephone costs, according to the rates applied by the operator selected by the Consumer, shall be borne exclusively by the Consumer.

2.1. The Products are sold with the characteristics described on the Website and according to the Conditions published on the Website at the time the order is sent by the Consumer, to 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 prior notice to the users of the Website. Any changes made will be effective from the date of publication on the Website and will apply only to sales concluded from that date.

2.3. Prices, Products for sale on the Website and/or their characteristics, may be subject to change without notice. Such changes apply only to orders not yet confirmed as of the date of the change. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to verify the final sale price.

2.4 The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery in one of the States indicated on the Website.

3.1. The presentation of the Products on the Website, which is not binding on the Seller, constitutes a mere invitation to the Consumer to make a contractual purchase proposal and not a public offer.

3.2. The purchase order submitted by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by submitting the order to the Seller, is required to accept fully 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 store or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer, to the email address declared by the Consumer to the Seller at the time of registration on the Website or at the time of placing the order if the Consumer is not registered on the Website, an order confirmation email, which will include the link to the text of these Conditions, a summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems and the Consumer may request a copy by sending an email to the Seller at customercaregensami.it

3.4. Each contract for the purchase of the Products shall be considered concluded when the Consumer receives the order confirmation from the Seller via email.

4.1. The Products presented on the Website may be purchased by selecting the Products of interest to the Consumer and adding them to the virtual shopping cart. Once the selection of Products has been completed, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Website, by providing the requested data, or (ii) log in, if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the contract to be finalized. If the data indicated in the order are different from those provided during registration on the Website, the Consumer will be asked to confirm their data (for example, but not limited to: name, surname, etc.), as well as the address where the selected Products should be delivered, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will view a summary of the order to be placed, the contents of which they can modify: then, the Consumer, after careful reading, must expressly approve these Conditions, by ticking the appropriate check-box on the Website and finally, by clicking the "Confirm order" button, the Consumer will be asked to confirm their order, which will thus 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 payment method from those available. If the Consumer chooses the immediate payment method (at the time of purchase) by credit card, PayPal or immediate bank transfer, they 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 provided by the Consumer. If payment is made by credit card, the purchase amount will be debited only at the time of transmission of the order confirmation from the Seller to the Consumer.

4.2. If, during the Product selection procedure on the Website referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products they intend to select for subsequent purchase is clearly lower than the normally applied price, net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurring on the Website, they are requested not to complete their purchase order and to report the aforementioned technical error to the Seller's Customer Service, by sending an e-mail to the address customercare@gensami.it

4.3. In cases where the Consumer has completed their purchase order and it includes a Product whose price is clearly lower than the normally applied price, net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurring on the Website, if the Consumer 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 during the order transmission phase and (ii) reimburse the Consumer for the payments made by them 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.

5.1. The Website indicates the availability of Products and their delivery times; however, such information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Website and, in any case, to carry out delivery within a maximum of 20 (twenty) days starting from the day following the day on which the Consumer placed the order. In the event of non-fulfillment 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 subsequent paragraph 5.3. If the Consumer has chosen bank transfer as the payment method, the delivery period will start from the receipt of the payment by the Seller.

5.3. The Products ordered by the Consumer will be shipped in the manner selected by the Consumer from those available and indicated on the Website at the time of placing the order. The Consumer undertakes to check promptly 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 their non-conformity with the order placed, according to the procedure referred to in the subsequent article 8 of these Conditions, otherwise the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation".

6.1. The price of the Products is that indicated on the Website at the time the Consumer submits the order. Prices include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), but do not include shipping costs, which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.

6.2. The Consumer shall pay the Seller the total price, as stated in the order and in the order confirmation sent by email by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation includes indirect taxes (where applicable), any customs duties and any other sales taxes. The Consumer is invited to inquire with the competent authorities of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, duties, taxes and/or imposts that a given country may apply, for any reason, to the Products ordered under these Conditions, shall be the exclusive responsibility of the Consumer.

6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or imposts referred to in paragraphs 6.3. and 6.4. above, at the time of placing an order with the Seller, cannot constitute a cause for termination of this contract and that the Consumer cannot in any way charge the aforementioned costs to the Seller.

7.1. Payment for Products purchased through the Website must be made within the essential period of 10 (ten) days from the date the order confirmation is sent by the Seller to the Consumer. The Consumer expressly accepts that the performance of the contract by the Seller will commence upon the crediting of the price of the purchased Product(s) to the Seller's bank 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 payments section of the Website.

7.3. If payment is made by bank transfer to 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 provided by the Consumer, the sales receipt relating to the purchase made, if the purchased Products are to be delivered in Italian territory, or attached in paper format to the purchased Products, in all other cases.

8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees to the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty is excluded in the event of use or washing of the Product not in conformity with the Product's intended use and with the instructions/warnings provided by the Seller and/or the Owner, or indicated in the relevant illustrative documentation, on tags or labels.

8.2. Under penalty of forfeiture of this warranty, the Consumer must report any defects and non-conformities no later than 2 (two) months from discovery, by sending an email to Customer Service at Mirages Srl - Via F. Turati 8 20121 MILANO - Italy Customer Service of the Seller, to the address customercare@gensami.it

8.3. Following receipt of the email and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a response, containing the "Return Code", by email to the address provided by the latter during the registration process on the Website or during order transmission. Authorization to return the Products will in no way constitute an acknowledgment of defects or non-conformities, the existence of which must be ascertained after the return. Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication bearing the "Return Code", within 30 (thirty) days from the report of the defect or non-conformity.

8.4. In the event of defects or non-conformities, the Consumer will have the right to have the Product restored to conformity by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by Article 130 of Legislative Decree no. 206/2005.
If the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, by the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to communicate to the Seller, always by email to the address customercare@gensami.it, the bank details for the bank transfer in their favor and to enable the Seller to return the due amount.

9.1. With regard to any damages caused by Product defects, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. The Seller, as distributor of the Products through the Website, shall be released from any liability, none excluded and/or excepted, by indicating, at the request of the damaged Consumer, the identity and domicile of the relevant manufacturer.

10.1 Without prejudice to the exceptions set forth in Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded in accordance with these Conditions, without providing any reason and without incurring any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the 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 expiry of the term referred to in point 10.1 above, must access the "Order history and details" page from Your Account or, if not registered on the site, by accessing the dedicated page and entering the order number and the email used for the purchase. Alternatively, the Consumer can send an explicit declaration via the contact form or to the email address customercare@gensami.it.

11.1. The Consumer declares to be aware that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Website or relating to the Products are and remain the exclusive property of Mirages Srl. and/or its assignees, and that access to the Website and/or the purchase of the Products does not grant the Consumer any right over them.

11.2. The contents of the Website 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.

12.1. In order to register, place an order, and thus conclude the contract based on these Conditions, the Consumer is required to provide certain personal data through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by Mirages Srl, in accordance with and in compliance with the provisions of Italian Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Website and, with their consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Website 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 may at any time update and/or modify their personal data provided to the Seller through the specific "Your Account" section of the Website, accessible after authentication.

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 related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has logged in, will not be accessible or viewable by unauthorized third parties.