TERMS OF SALE
1.1 The following general conditions of sale apply to the purchase of products sold by C.D. s.r.l., legal Headquarters (25050) Provaglio di Iseo (Brescia) via Stazione Vecchia, 72 (fiscal code 00160820346, VAT no. 03481650178, share capital Euro 100.000,00 entirely paid, Company Registry no. of Brescia 00160820346, Economic and Administrative Index no. 405583 (hereinafter “the Seller”) bearing Gerard’s trademark (hereinafter “Products”) and purchased through the e-commerce site www.gerards.it (hereinafter the “Site”) by users who qualify as “Consumers” as per the following article.
1.2 The Site is owned by C.D. s.r.l.
1.2 Any communication from the Consumer related and/or linked to the purchase of Products - including any reports, complaints and requests related to the purchase and/or delivery of Products, the exercise of withdrawal must be sent to the Seller to the contacts and as per methods provided on the Site and at the e-mail address email@example.com.
1.3 All purchases are regulated by the general terms and conditions of sale, according to the version that will be published on the Site once the Consumer sends the order.
1.4 The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects who do not qualify as Consumers are invited to not place orders. Should one or more sales be made to a subject not qualifying as a Consumer, these general conditions of sale still apply but, with the following provisions: a) the buyer does not qualify for the right of withdrawal as per article 10; b) the buyer will not be eligible for Products warranty as per article 8; c) the buyer will not be eligible for other warranty, herein provided for the Consumer, in line or in compliance with mandatory regulations; d) sale contract stipulated between the Seller and the Buyer shall be governed by Italian law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.5 Together with the purchase order submission, the Consumer accepts and confirms the information relating to the order placed and these general conditions of sale and accepts that they may receive e-mails to the address provided when registering on the Site or when placing an order.
1.6 In order to place orders through the Site, the Consumer must be over 18 years old and have capacity, which the Consumer declares to possess.
Products features and availability in various geographical areas
2.1 Products are sold as described on the Site and according to the general conditions of sale published on the Site when the order is sent by the Consumer, except for any other condition or term.
2.2 The Seller reserves the right to modify these general conditions of sale at any time, at its own 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 only apply to sales completed from that date.
2.3 Prices, Products for sale on the Site and/or their specifications are subject to change without notice. Before sending the purchase order as per art. 3 below, the Consumer is invited to verify 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 to one of the countries indicated on the Site.
Products purchase methods- Refinement of each individual purchase contract.
3.1 The description of the Products on the Site, which is not binding for the Seller, is merely an invitation to the Consumer to formulate a purchasing contract proposal and not an offer to the public.
3.2 The purchase order sent by the Consumer to the Seller through the Site has legal value as a contractual proposal and is regulated by these general conditions of sale, which are an integral part of the order itself and which the Consumer, by sending the order to the Seller, is obliged to accept fully and without reserve.
Before purchasing the Products, by sending the purchase order, the Consumer is asked to carefully read these general conditions of sale, including information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for personal use. In addition, the Consumer is asked to identify and correct any errors when entering their data.
3.3 The Consumer’s purchase order is accepted by the Seller by sending to the Consumer - to the e-mail address provided by the latter to the Seller when registering on the Site or when sending the order if the Consumer is not registered on the Site - an order confirmation e-mail, which will contain the link to the text of these general conditions of sale, the order summary, as well as the description and specifications of the Product ordered. The Consumer's order, the Seller’s order confirmation and the general conditions of sale applicable between the Parties shall be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail to the Seller at firstname.lastname@example.org.
3.4 Each purchase contract for the Products shall be deemed concluded when the Consumer receives order confirmation from the Seller by e-mail.
Procedure for the selection and purchase of Products.
4.1 The Products listed on the Site may be purchased by selecting the Products of interest to the Consumer and adding them to the appropriate virtual shopping basket. Once the Products selection has been completed, in order to make the purchase of the Products added to the basket, the Consumer shall be invited to (i) register to the Site, providing the requested data, or (ii) to login, 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 information provided in the order is different from the information provided when registering to the Site, the Consumer will be asked to confirm their data (for 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 they can be contacted for any communications concerning the purchase.
The Consumer will view an order summary, which they may edit: therefore, after carefully reading it, the Consumer must expressly accept these general conditions of sale, through the check-box on the Site and finally, through the "order confirmation and payment" button, the Consumer will be asked to confirm their order, which will be sent to the Seller and will result in the effects described in articles 3.2 and 3.3 of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available.
Should the Consumer choose an immediate payment method, at the time of purchase, by Credit Card, Prepaid Card, PayPal, Apple Pay, Google Pay, Opay, cash on delivery or bank transfer, they shall be required to provide the relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the details provided by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively when the order confirmation is sent by the Seller to the Consumer.
4.2 If, during the Product selection procedure on the Site indicated in paragraph 4.1 above, the Consumer finds that the price of one or more of the Products they intend to select for the next purchase is clearly lower than the price normally applied, excluding any discounts and/or promotions in place at that time, due to an obvious technical problem that occurred on the Site, they are requested to not finalize their purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to email@example.com.
4.3 In the event that the Consumer has completed their purchase order and this includes a Product whose price is clearly lower than its usual price, excluding any discounts and/or promotions in effect at that time, due to an obvious technical problem that occurred on the Site:
(a) if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, and the delivery of the Product will not be carried out, while sending a notice to this effect by e-mail, to the e-mail address provided by the Consumer when submitting the order and (ii) refund the Consumer any payments made for the cancelled order, including delivery costs, without undue delay and, in any case, within 14 days after the cancellation of the order, using the original payment method used by the Consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller shall promptly inform the Consumer by e-mail of the error that occurred while completing the order, offering, alternatively, to (i) pay to the Seller, within and no later than the following 5 (five) days, through one of the payment methods available on the Site, the difference between the correct price of the Product and the wrong price resulting from the purchase order, or (ii) to cancel the order, following the instructions provided in the same communication and returning the Product to the Seller, at the Seller's expense, within and no later than the next 14 (fourteen) days, by sending it to C.D. S.r.l. via Stazione Vecchia, 72 (25050) Provaglio di Iseo (Brescia) in its original conditions, with all its parts and accessories (including original labels attached to the product), together with the original packs and packaging and the Return Code duly filled out, which can be found attached to the e-mail sent by the Seller and in the Information section on the right of withdrawal and Return Form.
In the event that the Consumer chooses the option referred to in point (b) (ii) above, the Seller shall refund the Consumer the payments made for the cancelled order, including delivery costs, without undue delay and, in any case, within 14 days after the cancellation of the order, using the original payment method used by the Consumer for the initial transaction.
Goods delivery and reception.
5.1 The Site provides information on Product availability and delivery times; however, such information is merely an estimate and not binding for the Seller.
5.2 The Seller commits to do whatever it can in order to comply with the delivery times stated on the Site and, in any case, to deliver within no more than 30 (thirty) days from the day after the Seller has received the payment by the Consumer.
5.3 The Products ordered by the Consumer will be shipped according to the method selected by the Consumer, among the methods available and specified on the Site when the order is placed. The Consumer agrees to check promptly and as soon as possible that the delivery includes every and only the purchased products and to promptly inform the Seller of any faulty products received or discrepancies from the order placed, according to the procedure set forth in art. 8 below of these general conditions of sale, otherwise the products will be considered accepted. Should the box or packaging of the products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".
Prices, shipping costs, taxes and duties.
6.1 The price of the Products is the one stated on the Site when the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer agrees to pay to the Seller in addition to the price stated on the Site.
6.2 The Consumer shall pay the total price to the Seller, as stated in the order and in the order confirmation sent by the Seller to the Consumer via e-mail.
6.3 Should the Products be delivered to a country outside the European Union, the total price stated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), does not include any customs duties and any other sales tax, which the Consumer agrees to pay, if due, in addition to the price stated in the order and confirmed in the order confirmation, in accordance with regulations of the country where the Products will be delivered.
6.4 Any further costs, charges, taxes and/or fees that a particular country belonging to or not belonging to the European Union may apply, for whatever reason, to the Products ordered in accordance with these general conditions of sale, shall be paid solely by the Consumer.
6.5 The Consumer declares that the lack of knowledge of the costs, charges, customs duties, taxes and/or duties referred to in paragraphs 6.3 and 6.4 above, when placing an order with the Seller, shall not constitute a cause for resolution of this contract and shall not in any way charge the Seller for the aforementioned charges.
7.1 Payment of the price of the Products purchased through the Site must be made within 10 (ten) days from the date the Seller sends the order confirmation to the Consumer. The Consumer expressly accepts that the fulfilment of the contract by the Seller shall start when the price of the purchased Product(s) is transferred to the Seller's bank account.
7.2 Payment can be made by credit card or by PayPal, postepay, bank transfer and cash on delivery upon receipt of the Products or other payment methods, by indicating them in the payment section of the Site according to the conditions described below. In case of payment by cash on delivery, a surcharge will be applied to the Consumer as specified before the order confirmation.
7.3 If payment is made by credit card, the Consumer will be transferred to a protected site and the credit card data will be communicated directly to Intesa Sanpaolo S.p.A., the Seller's reference bank. Transmitted data will be sent in secure mode by means of encrypted data transfer using 128-bit SSL (SecureSocketLayer) system. Such data cannot be accessed even by the Seller. If payment is made by bank transfer to the Seller, the Consumer must indicate the "Swift" and "IBAN" codes indicated in the order confirmation, as well as the order number.
7.4 The Seller shall promptly send the fiscal receipt of the purchase made to the Consumer, if required by the relevant law, by e-mail to the address provided by the Consumer, if the purchased Products are intended to be delivered in the Italian territory, or by attaching a paper to the purchased Products, in all other cases required by law.
Seller's legal warranty of compliance, reporting faults and warranty claims.
8.1 As per European Legislative Decree 44/99/CE and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the Products shall be without faults in terms of design and material and in accordance with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Warranty is not valid in case the Product is not used in accordance with the Product's specifications and the relevant instructions/warnings provided by the Seller and/or the Owner, as reported in the reference information documents or labels.
8.2 The consumer must report any flaws and non-compliance within and no later than 2 (two) months from their discovery (art. 132 Legislative Decree 206/2005 - Consumer Protection Code) by sending to the Seller C.D. s.r.l. via Stazione Vecchia, 72 (25050) Provaglio di Iseo (Brescia) an e-mail to order@gerards. com or the Return Form correctly filled out, stating the fault and/or non-compliance found, as well as the relative documents as indicated in the Return Form itself, at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the fiscal receipt.
8.3 Following receipt of the form and the relative documents, the Seller will assess the faults and non-conformities reported by the Consumer through the assistance service of the Owner and, after having conducted the quality checks to verify the actual non-compliance of the Product, will decide whether to authorise the return of the Products by providing the Consumer with the Return Code, by e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. Authorization to return the Products will not in any way acknowledge faults or non-conformities, the existence of which must be established once the return is received. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorization notice containing the Return Code, within 14 (fourteen) days from receipt of the Return Code or within 30 (thirty) days from notification of the fault or non-compliance, to the following address: C.D. s.r.l. via Stazione Vecchia, 72 (25050) Provaglio di Iseo (Brescia).
8.4 If the Seller is required to refund to the Consumer the price paid, the refund shall be made, where possible, through the original 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 e-mail at firstname.lastname@example.org., the bank details to make the transfer and to ensure that the Seller is put in a position to return the amount due.
Liability for damage due to faulty products.
9.1 With regard to any damage caused by Product faults, the provisions of European Guideline 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) shall apply.
Right of withdrawal.
10.1 The Consumer is entitled to withdraw from any contract stipulated under these general conditions of sale, without penalty, within 14 (fourteen) days from when (i) the product has been delivered or (ii) in case of purchase of several products delivered separately with a single order, when the last product has been delivered.
10.2 In order to exercise the right of withdrawal, the Consumer must inform C.D. s.r.l., before the time limit referred to in point 10.1 above, of their decision by accessing the Information section on the right of withdrawal and Return Form by entering the order number and the e-mail used to make the purchase. Alternatively, the Consumer may send an explicit declaration to C.D. s.r.l. at email@example.com. of their decision to withdraw.
10.3 In accordance with section 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing the return form to be included in the package, and instructions for returning the product, to be sent within 14 (fourteen) days to C.D. s.r.l. via Stazione Vecchia, 72 (25050) Provaglio di Iseo (Brescia).
10.4 If the Consumer has received the product, they must return it to C.D. s.r.l. without undue delay and, in any case, within 14 (fourteen) days from the day on which they communicated the withdrawal. The risks and direct costs of returning the goods will be charged to the Consumer.
10.5 In case of withdrawal and timely compliance with the delivery deadline as stated in 10.4., payments made will be refunded with no undue delay, and in any case, within 14 days from the exercise of the withdrawal. Said refunds shall be made using the original payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund through a different payment method, in which case any additional costs deriving from the different payment method shall be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has proved that the goods have been returned, whichever is first.
10.6 The Consumer is responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the features, specifications and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, scrapes, scratches, deformations, etc.) and/or not complete with all their elements and accessories (including unaltered labels and tags attached to the product) and/or not accompanied by the attached instructions/notes/manuals, the original packaging and the warranty certificate, where present, the Consumer shall be liable for the decrease in value of the goods, and shall be entitled to a refund for the amount corresponding to the residual value of the Product.
Consequently, the Consumer is invited not to handle the goods more than strictly necessary to establish their features, specifications and functioning and to cover the original packaging of the Products with other protective packaging to preserve their integrity and protect them during transport, including writing or labels.
Intellectual property rights.
11.1 The Consumer declares to be aware that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or related to the Products are and remain the exclusive property of C.D. s.r.l. and/or its assignees. Access to the Site and/or purchase of the Products does not grant any right to the Consumer.
11.2 The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, edited, or used for any purpose without prior written consent of C.D. s.r.l.
Consumer data and privacy protection
12.2 The Consumer acknowledges and assures 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 edit their personal data provided to the Seller through the appropriate "My Account" section of the website accessible after authentication.
Applicable law, settlement attempt and jurisdiction.
13.1 The sales contract stipulated through the website between the Seller and the Consumer is governed by Italian law and in particular by Legislative Decree no. 206 of September 6, 2005, the so-called Consumer Code and Legislative Decree no. 70 of April 9, 2003 on certain aspects concerning electronic commerce.
13.2 In the event of a dispute between the Seller and the Consumer concerning the purchase and sale contract stipulated online, the Consumer shall have the right to resolve the dispute before one of the Settlement Commissions established on national soil.
As an alternative to the settlement attempt referred to in the previous paragraph, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) developed and managed by the European Commission, in compliance with Regulation 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, fair, efficient, rapid and just dispute resolution of contractual obligations arising from contracts for online sales or services between a consumer residing in the European Union and a professional established in the European Union through the intervention of an ADR (Alternative Dispute Resolution) body that has adhered to it, available from a special list provided therein. For more information on the European ODR Platform or to start, through the European ODR Platform, an alternative dispute resolution procedure relating to this contract, please go to the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated in the European ODR Platform is firstname.lastname@example.org.
13.2 If the settlement attempt referred to in point 14.2 or 14.3 above is not accepted, or if the outcome is negative, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.