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General Terms of Use and Sale
Last updated March 14, 2020.
Gecoshop.com provides the Gecoshop Services under the following terms and conditions ("General Terms of Use and Sale"). Gecoshop.com is the trade name of G. & Co. Dolciaria Srl.
(I) GENERAL CONDITIONS OF USE
We encourage you to read these general terms of use ("General Terms of Use") carefully before using the www.Gecoshop.comServices. Using the Gecoshop Services you fully agree to these General Terms of Use. We offer a wide range of Gecoshop Services and may sometimes be subject to additional terms and conditions. If you use a Gecoshop Service (for example: Your Profile, Gift Cards), you will also be subject to the terms, guidelines, and general conditions applicable to that particular Gecoshop Service ("Terms of Service"). In the event of a conflict between these General Terms of Use and the Terms of Service, the Terms of Service will prevail.
Notification form and procedure for reporting rights violations .
1. PRIVACY We invite you to consult our Privacy Policy and our policies on Cookies and Internet Advertising that govern your use of the Gecoshop Services, to understand our practices.
2. ELECTRONIC COMMUNICATIONS When you use the Gecoshop Services or send us emails, text messages (SMS) and other communications from your computer or mobile device, you communicate with us electronically. We may communicate with you in various ways, for example by email, text messages (SMS) or Whatsapp, in-chat notifications and Messenger Facebook, via social media, or by posting messages and communications on the site or through other Gecoshop Services, such as our Communications Center. Without prejudice to the specific legal provisions of an imperative nature, for the purposes of this agreement, you agree to receive communications from us in electronic form and recognize that all contracts, notifications, information and other communications that we provide to you in electronic form meet the requirement of written form, when required by law.
3. COPYRIGHT AND DATABASE RIGHTS All content present or made available through the Gecoshop Services in the form of texts, graphics, logos, icon buttons, images, digital downloads, data collections and software, is the property of Gecoshop or its content providers and is protected by the laws of Italy and international copyright and database rights laws.
It is not permitted to systematically extract and/or reuse parts of the Gecoshop Services without the express written consent of Gecoshop.com. In particular, it is not allowed to use data mining, robots or similar acquisition or extraction devices to extract (once or more times) to reuse any substantial part of any Gecoshop service, without our express written consent. You will also not be able to create and/or publish your own database that reproduces substantial parts (e.g. prices and product lists) of the Gecoshop Services without gecoshop's express written consent.
4. MARKS Graphic material, logos, page headers, icon buttons, fonts and service marks included or made available through any of the Gecoshop Services are gecoshop trademarks or hallmarks. Gecoshop's trademarks and distinctive signs may not be used in connection with products or services other than Gecoshop, in such a way as to create confusion among customers or in any way that may denigrate or discredit Gecoshop.com. All other non-Gecoshop-owned trademarks that appear on any of the Gecoshop Services are the property of their respective owners, who may or may not be connected, connected to Gecoshop or sponsored by Gecoshop.
5. PATENTS Not available at this time.
6. YOUR ACCOUNT If you use www.Gecoshop.com , you are required to keep your account and password confidential and to control access to your computer and devices, and you agree, to the extent permitted by applicable legal provisions, to be held responsible for all activities that will be carried out with your account and password. You undertake to take all necessary precautions to ensure that your password remains secure and confidential and undertake to inform us immediately if you have reason to believe that any third party is aware of your password, or in the event that your password is, or presumably is about to be, used in an unauthorized manner. You are required to ensure that the data you provide to us is correct and complete and to immediately notify us of any change in the information you have provided to us. You will be able to access and update most of the information provided in the My Account sectionof the site.
You will not have to use www.Gecoshop.com: (i) in such a way as to cause, or cause, disruption, damage or malfunction to Gecoshop and its features, or (ii) for fraudulent purposes, or otherwise to commit unlawful activities, or (iii) to cause disturbance, injury or apprehension.
We reserve the right to prevent access to the www.gecoshop.comsite, to suspend or close an account, to remove or modify the contents of the site at our discretion, in the event of a breach of applicable legal provisions, these General Terms of Use or applicable guidelines or policies.
7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT You are allowed to post reviews, comments and other content, send electronic postcards and other communications, and submit suggestions, ideas, comments, questions or other information, as long as the content is not unlawful (i.e. obscene, abusive, intimidating, defamatory, does not infringe privacy, intellectual property rights or is otherwise offensive to www.gecoshop.com and/or third parties or deplorable and is not or otherwise does not contain viruses, political propaganda, commercial solicitation, Chain of St. Anthony, mass e-mails or any other form of spamming). You won't be able to use a fake email address, pretend to be another person or subject, or otherwise lie about the origin of a postcard or other content. We reserve the right to remove or modify such content.
If you decide to send content or materials, unless otherwise stated by us, grant: (a) to www.gecoshop.com the non-exclusive, free, sub-licensable and transferable right to third parties, to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display such content anywhere in the world through any means of communication and (b) to Gecoshop, its sub-licensees and successors , the right to use, at your own discretion, the name you use in relation to them. Your moral copyrights are without prejudice. You agree that the aforementioned rights granted to us are irrevocable for the entire duration of your intellectual property rights associated with such content and materials. You agree to put in place all additional activities necessary to refine each of the above rights granted to Gecoshop.com, including signing acts and documents, at our request.
You declare and guarantee that you have, personally or otherwise, ownership or in any case the availability of all rights related to the content of what you publish; that, on the date on which the content or material is published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material you provide does not conflict with any of Gecoshop.com's applicable policies and guidelines and that such use does not harm third parties.
8. INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS www.gecoshop.com respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that results in possible violations, report it via contact form.
9. OUR RESPONSIBILITY We will do our best to ensure that access to www. gecoshop.com is provided without interruption and that transmissions take place without errors. However, due to the nature of the Internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. In addition, your access to www. gecoshop.com may also be occasionally suspended or restricted to allow repair, maintenance, or the introduction of new activities or services. We will try to limit the frequency and duration of these suspensions and limitations.
We will not be liable for any delay or failure to comply with the obligations under these general conditions if the delay or non-compliance results from chance or force majeure. This provision does not affect your rights under the law and in particular your right to receive the purchased goods within a reasonable time or to be reimbursed in case of non-delivery due to circumstances arising from chance or force majeure. The legal provisions in force in some states may prohibit the liability limitations now indicated. In the event that these provisions are applicable, the limitations of liability now indicated will not take effect and you may be granted additional rights.
10. APPLICABLE LAW AND COMPETENT FORUM These General Conditions of Use are regulated and must be interpreted in accordance with Italian law. In case you want to bring a matter to our attention, we invite you to contact us.
11. CHANGES TO THE SERVICE OR CHANGES IN CONDITIONS We reserve the right to modify, policies, these General Terms of Use and Terms of Service at any time to offer new products or services or to comply with legal and regulatory provisions. You will be subject to the policies and terms of the General Terms of Use from time to time when you use www.gecoshop.com. If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition shall not affect the validity and effectiveness of the other forecasts.
12. WAIVER In the event of your failure to comply with these General Terms of Use, our failure to exercise the right to act against you does not represent our renunciation of action for the violation of your obligations.
13. MINORS We do not sell products to minors. We sell children's products that can only be purchased by adults. If you are under the age of 18, you can Gecoshop.com only by involving a parent or guardian.
14. OUR CONTACTS This site is owned by G.& Co. Dolciaria s.r.l. and is managed by our internal team. Gecoshop is a registered trademark, Gecoshop by G. & Co. Dolciaria s.r.l. we are in the business, 35 in Viterbo (VT).
II. GENERAL CONDITIONS OF SALE
These general conditions of sale govern the sale of products through the website www.gecoshop.com ("General Conditions of Sale"). We invite you to read carefully these General Conditions of Sale before proceeding to any purchase. By making any purchase you fully accept these General Terms of Sale.
1. OUR CONTRACT The presentation of products on the site is an invitation to offer.
If you want to buy one or more products, you can select them one at a time, adding them to your cart. Once you have selected all the items you intend to buy, you can close your cart and place your order. At this point you will see a summary page of the products you have selected, their price and the options (with their costs) of delivery. You will be asked to choose your preferred solution for delivery, transportation and payment method. You will have to continue with the continuous button and fill in 5 Steps to place the order:
Step 1: Register an account or if you have already registered Sign in to your account.
At this stage we request a valid email address, on which we will send notifications of the order and registration, first and last name and password.
To access your account in the future you will always need to enter Email + Password.
Step 2:Enter one or more addresses.
We have chosen to enter at this stage all the data necessary for billing and shipping, the user from his customer area will always be able to modify this data at will and as many times as he deems necessary. For Italian customers it will be necessary to specify a shipping address and a billing address.
All orders received will be invoiced, for this reason we require italian customers to enter the following personal data:
Private: First name, surname, tax code, address, street, zip code, city, province and mobile phone number.
Companies: First and Last Name reference person, VAT number, Company name, SDI or PEC, address, street, zip code, city, province and mobile phone number.
Step 3: Choice of shipping method.
Step 4: Choose your payment method.
Step 5: Confirmation and insertion of the order.
At the bottom of the same page, you will find the "Buy now - Finish order" button, which you will have to click to submit the order to us.
Your order will then be considered as your contractual purchase proposal addressed to Gecoshop for the listed products, each individually considered. Upon receipt of your order, we will automatically send you a message to take charge of the order itself ("Order Confirmation"). Order Confirmation does not constitute acceptance of your purchase proposal. By sending the Order Confirmation, in fact, we only confirm that we have received the order and that we have subjected it to the process of verifying data and availability of the products requested by you. The sales agreement with Gecoshop.com will only end when we send you a separate email or post a message in the Communications Center on the acceptance site of your purchase proposal that will also contain information about the shipment of the product and the expected date of delivery ("Shipping Confirmation"). In the event that your order is fulfilled through multiple shipments, you may receive separate Shipping Confirmations. You will be able to cancel your order before you have received the Shipment Confirmation, provided that the order has not been prepared for the shipping process. In this case you will not be charged. It is however without prejudice to the right of withdrawal to the terms and conditions referred to in the following art. 2. The right of withdrawal does not apply to certain categories of products including, without limitation, digital products or software not provided on material media (as in the case of CDs or DVDs) once downloading (so-called download) or use has begun.
You agree to receive invoices electronically. These documents will be available in PDF format within the My Site Account section. The issue of the electronic invoice for an order will be communicated to you in the Shipping Confirmation. For more information on electronic invoices and how to obtain the document, see the dedicated help page.
All orders placed on the site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order and in the case of a plurality of orders relating to the same product even if each order includes a quantity of products corresponding to normal consumption needs.
2. RIGHT OF WITHDRAWAL, EXCEPTIONS AND RETURN POLICIES Subject to the following exceptions, you have the right to withdraw from the order placed, without having to provide any reasons, within 14 days of the day you received the ordered product (or the last product, lot or piece in case of goods, lots or multiple pieces delivered separately) or from the conclusion of the contract (including but not limited to, contracts for the provision of digital content not provided on a material medium, such as a CD or DVD). If you have instructed a person of your trust to pick up, your right of withdrawal shall run from the day of delivery of the product to the person designated by you, other than the courier.
You will have to communicate to gecoshop.com via industry 35 Viterbo 01100 Italy the exercise of the right of withdrawal (i) following the instructions available in the Return Center,(ii) using the Contact us functionor (iii) using the return form that will be sent to you after you have contacted. If you use the Return Center, we will send you a receive confirmation message.
In order to exercise the right of withdrawal, it is necessary that the relevant communication is sent before the expiry of the 14-day period and that the product is returned to Gecoshop through the instructions available in the return form.
For more information on the right of withdrawal and operating instructions, please contact our Customer Service.
2.1 EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL We will refund you all payments received in relation to the product for which you exercised the right of withdrawal, excluding shipping costs, within 14 days of the day on which we received the notice relating to the exercise of the right of withdrawal. We will refund the same payment method that you used to place the order, subject to your different indication. In any case, you will not in bear any costs as a result of such a refund. We may withhold the refund until we have received the product or until you have provided proof that you have returned it to Gecoshop, whicheous situation occurs first. Keep in mind that you are required to return the products to us following the instructions available in our Online Returns Centerwithin 14 days of the day you communicated the withdrawal. You will incur the direct costs of returning the products. You may be held responsible for the decrease in the value of the goods resulting from a manipulation of the goods (other than that necessary to establish the nature, characteristics and functioning of the goods).
2.2 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL The right of withdrawal does not apply in the case of:
- the supply of sealed goods which are not suitable for return for hygienic or health protection reasons and which have been opened after delivery or in the case of the supply of products which are, after delivery, inextbly mixed with other goods;
- provision of sealed audio or video recordings or sealed computer software that were opened after delivery;
- supply of custom-made or clearly customized goods;
- the supply of goods which are likely to deteriorate or expire rapidly;
- service contracts after the full provision of the service by Amazon, if you have expressly allowed the performance of the service by us accepting the loss of the right of withdrawal as a result of the full execution of the contract;
- provision of digital content (including applications, software, ebooks, MP3, etc.) through a non-material medium (e.g. a CD or DVD) if at the time of the submission of the order you expressly allowed at the beginning of the execution accepting the loss of the right of withdrawal as a result of the start of execution;
- provision of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
- supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can take place only after thirty days and whose actual value depends on market fluctuations which cannot be controlled by Gecoshop.com.
3. PRICES AND AVAILABILITY All prices are inclusive of VAT applicable under the law.
Information about the availability of the products we sell is listed on the site, as well as on the presentation page of each product. In addition to the information provided on that page or elsewhere on the site, we are unable to give more precise indications regarding the availability of the products. Please note that the estimated delivery and delivery times of the products are purely indicative and it is not possible to fully rely on them. Once we receive your order, we will email you or post an alert in the Site's Communication Center if some of the products you ordered are not available.
Despite all our efforts, we cannot rule out the possibility that for a small part of the millions of products in our catalogue a price other than the actual price is indicated by mistake. In any case, we will check the correctness of the prices of the products during the process of verifying the order and subsequent shipment of the products. If, due to mishap or other inconvenience, the price indicated on the site is lower than the correct selling price of a product, we will contact you to check if you also wish to buy the product at the correct price. Otherwise your order cannot be accepted. If the correct price of a product is lower than that indicated on the site, we will only charge you the lower correct price and still ship the product to you.
4. CUSTOMS If the goods ordered by Gecoshop are to be delivered outside Italy you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be at your expense. We are not in control of these costs and we cannot predict the amount. Customs policies vary considerably from country to country and you should therefore contact your local customs office for more information. Please also keep in mind that when you place orders on the site, you are considered as an importer and are therefore required to comply with all the legislation and regulations of the country where you will receive the goods. Your privacy is important to us and we know that you care a lot about how your order information is used and shared. We would like our international customers and customers who ship products abroad to be aware that cross-border deliveries are subject to opening and inspection of products by customs authorities. For more information, please read the Customs Information.
5. GUARANTEES ON PRODUCTS SOLD BY GECOSHOP AND LIMITATIONS OF LIABILITY The warranty scheme on products sold by Gecoshop differs according to whether the buyer is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees concerning consumer goods".
If you purchase as a "consumer", you benefit from the legal guarantee of conformity to which the seller is required by law on each goods sold ("Legal Guarantee").
The Legal Guarantee - to which Gecoshop is kept as a seller - guarantees the good from defects of conformity with the sales contract.
In accordance with the law, in case of applicability of the Legal Guarantee, you will be entitled to restore without charge the conformity of the asset by repair or replacement, or, if this is not possible, to a reduction in the purchase price or the termination of the contract. Gecoshop is therefore liable for lack of conformity if they occur within two years of the date of delivery of the goods. You will still be responsible for reporting the lack of compliance within two months of its discovery.
You can find more information on the rules of operation and operation of the Legal Guarantee, with case studies, by visiting our Legal Guarantee section or by contacting our Customer Service.
In the event that you find a lack of conformity on the goods purchased by Gecoshop during the validity period of the Legal Guarantee, please contact Customer Service.
To the extent permitted by law, Gecoshop disclaims all liability in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy.
Gecoshop will not be liable in case of delay in the delivery of the purchased goods due to insufficient stock at the publisher or supplier.
We will also not be liable in case of non-material differences between the goods purchased and their illustrative images and text descriptions published on our site.
Without prejudice to the case of gross negligence or misconduct, we are solely liable for any direct and foreseeable damage at the time of conclusion of the sales contract. We will therefore not be liable for any losses incurred, loss of earnings or any other damage that is not an immediate and direct consequence of our non-compliance or that was not foreseeable at the time of conclusion of the sales contract.
6. APPLICABLE LAW AND COMPETENT COURT These General Conditions of Sale are regulated and must be interpreted in accordance with Italian law.
7. CHANGES TO THE GENERAL CONDITIONS OF SALE We reserve the right to modify the site, policies and these General Terms of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and terms of the General Terms of Sale from time to time when ordering produced by us, unless any changes to such policies and terms are required by applicable law or competent authorities (in which case, they will also apply to orders you have placed previously). If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition shall not affect the validity and effectiveness of the other forecasts.
8. WAIVER In the event of your failure to comply with these General Terms of Sale, our failure to exercise the right to act against you does not represent our renunciation of action for the violation of commitments you have entered into.
9. MINORS We do not sell products to minors. We sell children's products that can only be purchased by adults. If you are under the age of 18, you can Gecoshop.com only by involving a parent or guardian.
10. OUR CONTACTS Our contacts:
Gecoshop.com of G. & Co. Dolciaria s.r.l. P.IVA 01717310567 Via dell'industria, 35 Viterbo (VT) 01100 email: info@gecoshop.com.