The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by Giovanni Cecchini's GeMiTo with headquarters / Branch in Milan, piazza / via Zanella 44/5, registered with the Milan Chamber of Commerce at no. 2560583 of the Register of Companies, tax code CCCGNN68M29F205I, VAT number 08643520961 hereinafter referred to as "Supplier".
1.1. The expression "online sales contract" means the purchase and sale contract relating to the tangible movable property of the Supplier, entered into between them and the Buyer as part of a remote sales system through telematic tools, organized by the Supplier .
1.2. The expression "Purchaser" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity that may be carried out.
1.3. The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the tangible movable goods indicated and offered for sale on the website https://gemito.store/
2.2. The products referred to in the previous point are illustrated on the web page https://gemito.store/collections
Method of conclusion of the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at https://gemito.store/, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact compilation of the request form and the consent to the purchase manifested through the adhesion sent online or by filling in the form / form attached to the online electronic catalog at https: // gemito.store/checkout and the subsequent sending of the form / module itself, always after viewing a printable web page of the order, which contains the details of the sender and the order, the price of the purchased good, shipping costs and any additional ancillary charges, methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, he sends a confirmation e-mail or displays a printable confirmation and summary web page of the order, which also contains the data recalled in the previous point.
4.3. The contract is not considered concluded and effective between the parties in default of what indicated in the previous point.
Methods of payment and reimbursement
5.1. Each payment by the Buyer can only be made by one of the methods indicated on the specific web page by the Supplier.
5.2. Any refund to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 13, point 2 and ss. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in accordance with the provisions of the current legislation on the protection of personal data.
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point
6.2. Shipping times may vary from the day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Supplier is unable to make the shipment within that period but, in any case, within the one indicated in the following point, a prompt notice will be given by e-mail to the Buyer.
6.3. The methods, times and shipping costs are clearly indicated and well highlighted at www.fornitore.com/modalitàcostitempiordini.
7.1. All the selling prices of the products displayed and indicated on the website https://gemito.store/collections are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Buyer submits the order and also contained in the summary page of the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Supplier's IT system confirms the registration of the order as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
Limitation of liability
9.1. The Supplier does not assume any responsibility for disservices attributable due to force majeure in the event that it is unable to execute the order within the times provided for in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet outside of its own control or that of its subcontractors.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, having the Purchaser entitled only to the full refund of the price paid and any accessory charges .
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all precautions possible based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case can the Purchaser be held responsible for delays or misunderstandings in payment if he proves that he has made the payment in the times and ways indicated by the Supplier.
Liability for defects, proof of damage and compensable damages: the Supplier's obligations
10.1. Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged, within 3 months of the request, the identity and domicile of the producer or of the person who supplied him with the good .
10.2. The aforementioned request, by the Damaged, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer has put the product into circulation, it still did not allow to consider the defective product.
10.4. No compensation will be due if the Damaged was aware of the defect of the product and of the danger that derives from it and nevertheless voluntarily exposed himself to it.
10.5. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years from the delivery of the goods.
11.2. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the Consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, particularly in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which was brought to their attention by the Seller at the time of the conclusion of the contract and which the Seller has accepted also for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is too expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not provided for the repair or replacement of the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconveniences to the Buyer, the latter may request, at his choice, a reasonable price reduction or termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, the Purchaser will be responsible for indicating the methods for re-crediting the amounts previously paid to the Supplier.