TERMS AND CONDITIONS OF SALE
GAGEA s.r.l., with registered office in Milano, Via Borgonuovo 7, Tax and Vat code n° 07102720153, is the owner of the website www.ghmresort.com.
The offer and the sale of products on the website www.ghmresort.com, in the section called Voucher Regalo Boutique, are governed by these General Conditions of Sale and, if the Customer is a Consumer (that is a physical person who buys the products offered on the website for purposes other than the professional or business activities he may exercise), by the Legislative Decree n° 206/2005, and in particular by the articles contained in the Parte III, Titolo III, Capo I, Sezione I (articles 50-63) of the aforesaid Decree, as further amended and integrated.
The Customer is obliged to carefully read the General Conditions of Sale before placing his purchase order form and to keep a copy, printing or filing them in electronic form.
Sending the purchase order form implies that the Customer is fully aware of and expressly accepts these General Conditions of Sale and the terms on the Order Form.
These General Conditions of Sale, as the Order Form, the Privacy Policy and any other information on the website are available in Italian and in English.
1.Object
1.1 These General Conditions of Sale discipline the entry, sending and acceptance of purchase Orders for Grand Hotel Del Mare branded products, present in the catalogue on the website section called Voucher Regalo Boutique, made online through the e-Commerce service on the website www.ghmresort.com.
1.2 The inclusion in the catalogue and the publication of products shown on the website, in the Voucher Regalo Boutique section, is an invitation to the Customer to make a contractual proposal to purchase.
2 Subjects
2.1 The products are sold directly by GAGEA s.r.l. (hereinafter, for shortness, Vendor), as above identified.
For any information, comment or different requests, the Customer may contact Grand Hotel Del Mare Customer Service team:
Personal Assistant e-mail: ghm@ghmresort.com
Tel. +39 0184 262201
The service is available from 07.00 am to 12.00 midnight.
2.2 The products are sold to the Customer previously registered on the website and identified by the data entered at the time the electronic order form was filled in and sent with previous acceptance of these General Conditions of Sale, of the Terms and Conditions relating to use the Website, of the Privacy Policy and authorization of personal data treatment.
2.3 The offers of products on the website www.ghmresort.com are intended solely for adult customers.
Customers below the age of 18 can purchase the products solely with the representation of a parent, or a legal guardian.
By placing and sending an order form on this website, the Customer guarantees, assuming relative responsibility, that he is an adult (18 years old or more) and has the legal ability to enter into a binding contract.
2.4 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interest and protection of all consumers.
2.5 The customer is obliged to follow the instructions provided by the website to correct data errors before submitting the order.
2.6 The Vendor is released from any liability deriving from the issuing of incorrect tax documents due to errors in the data the Customer provided at the time of the entry of the online order, since the Customer is the only one responsible for their correct entry.
3 Purchasing procedure
3.1 To purchase one or more Grand Hotel Del Mare branded products, the Customer must fill out the electronic order form (hereafter Order) appearing on the screen, following the relative instructions.
3.2 The Order contains:
-a reference to these General Conditions of Sale, Terms and Conditions relating to the use of the Website and Privacy Policy;
-information for each product and its price;
-the method of payment that the customer can use;
-the delivery methods for the products purchased and the relative shipping and delivery costs.
At the same time, the Customer must fill out the area concerning the payment method, with authorization of the payment by the same method.
3.3 The Vendor undertakes to deliver and hand over to the courier or postal service identified by the Vendor the ordered products within a maximum of 10 (ten) business days of receiving the Order from the Customer.
3.4 The pictures and descriptions of products on the website are intended merely to present a general idea of the Products, possible differences may be due to the technical characteristics and resolution of colours of the computer used by the Customer. Consequently, the Vendor will not be liable for any lack of correspondence between the product and its characteristics as well as the pictures and product description on the website.
3.5 Before sending the Order form, the Customer must confirm that he has read the General Conditions of Sale, including the notice of the right of withdrawal and of the treatment of personal data, expressing his approval needed for the contract’s conclusion and execution.
3.6 The mailing of the electronic order by the Customer to the Vendor shall constitute an offer to purchase the Products specified in the same order.
The acceptance by the Vendor of the offer to purchase will be made by an e-mail to the address provided by the Customer, containing a summary of the data contained in the Order and of the information under articles 52 and 53 of the Legislative Decree n° 206/2005.
In the aforesaid e-mail to Vendor shall at the same time notify the identifying number for the Order (Order Number). This number must be quoted in any subsequent communications between the parties about the Order. So the contract is concluded when the Customer receives from the Vendor the Order acceptance e-mail.
The set of forms and the Order acceptance e-mail will be filed by Vendor with electronic instruments and treated in accordance to the in force Privacy Law. The Customer shall get to it making request to the Customer Service team.
3.7 If the products requested are no longer available, the Vendor will notify the Customer of the unavailability by e-mail within thirty (30) days after the receipt of the Order, with release in favour of the Customer of the sum eventually already paid. In this case, the Customer will have the right to the refund of the price already paid, with no other liabilities for the Vendor.
4. Order fulfillment
4.1 By sending the Order over the Internet, the Customer unconditionally accepts and undertakes to observe these General Conditions of Sale.
4.2 It is possible that, before sending the Order acceptance e-mail, the Vendor will contact the Customer at the e-mail address or telephone number indicated to request additional information about the Order sent over the Internet.
4.3 The Vendor may refuse purchased Orders that do not provide a sufficient solvency guarantee, which are incomplete or incorrect or if the products are not available.
5. Sale Prices
5.1 Except otherwise stated in writing, all Product prices, shipping and delivery expenses indicated on the website and in the Order include VAT and are expressed in euros. The validity of the prices shown is always and only the one indicated on the web site at the time the Order is being processed. Product prices, shipping and delivery expenses can be changed without any obligation to give advance notice. In particular, the shipping expenses will be calculated automatically by the website and shall be viewed by the Customer before sending the Order. These expenses change depending on the Country of destination and on the chosen method of transportation. Therefore, before sending the Order, the Customer is compelled to verify the sale’s final price. Remain excluded additional amounts such as fees, taxes or duties imposed by the relevant applicable legislation (ie: on import). In this case, therefore, the Customer shall at its own care and expenses pay duties and taxes may be payable in the importing country.
5.2 All products are shipped directly from Italy. Product prices and shipping costs are shown on the web site, on the Order and on the acceptance e-mail.
6. Method of payment
6.1 The payment of the amount including the price of the Products plus relative shipping and delivery expenses shall be processed with credit cards through the instructions indicated on the Order Form of the site www.ghmresort.com and which are summarized below.
6.2 The Vendor accepts payments by credit cards indicated on the website. It is agreed that the Customer must be the holder of a credit card that is valid at the time of the order and that the name shown on the card must be the same as that indicated on the invoice. If these requirements are not met, it will not be possible to proceed with the order. At the time of the Order, the bank of reference will deduct the amount of the order from the account on Customer’s credit card. The amount will only be debited to the credit card at the time the Products purchased are shipped.
6.3 If, after paying for the products purchased online and receiving the package, the Customer wishes to exercise his Right of Withdrawal, for any reason, Vendor, – after verifying assumption for the Right of Withdrawal – will instruct the bank to reimburse the amount directly to the Customer’s credit card.
6.4 During the purchase procedure the Vendor will have no access to the credit card information (such as the number of the credit card or its expiration date), which is sent via secure connection by encrypted protocol navigation of the entity that manages the electronic payment. No archive of the Vendor will retain such information.
6.5 Vendor cannot be considered in any case liable for fraudulent or undue use of credit and prepaid cards by third parties.
7. Shipping and delivery of the products
7.1 Each shipment contains:
or the product/s ordered;
or the relative accompanying shipping document/invoice;
or any accompanying documentation required by the country to which it is being shipped;
or any informational and marketing materials.
7.2 Delivery to the Customer’s home
7.2.1 The products purchased will be delivered by the courier or postal service identified by the Vendor to the shipping address indicated by the Customer on the order with insured shipping. The Vendor will inform by e-mail at the address indicated by the Customer of the delivery to the courier and/or postal service.
7.2.2 The Customer is required to check the integrity of the packages at the time of the delivery by the courier. In case of problems, the Customer has to point them out to the courier or postal service in writing, making sure they are noted exactly and reject the delivery. Otherwise, the Customer may lose his rights in this regard. Following the products delivery to the Customer by courier or postal agent the risk of loss, damage or injury will be incumbent on the same Customer.
8. Right of withdrawal
8.1 The Customer Consumer, accordingly with the Legislative Decree n° 206/2005 as further amended and integrated, will have the right to withdraw from the contract concluded with the Vendor without any penalty and without specifying the reason, within 10 (ten) working days starting from the day the purchasing order has been processed on the web. Under art. 65, comma 3 and 4, of the Legislative Decree n° 206/2005, which is applied if the Customer is a Consumer, the term for the exercise of the right to withdrawal is of 90 (ninety) days if the Vendor has defaulted its information’s duty (omission, incompleteness or incorrectness of the information provided).
8.2 The withdrawal must be exercised by registered letter with receipt or equivalent method using the attached form underneath these Terms and Conditions of Sale.
8.3 If the Customer exercises the right of withdrawal according to the preceding paragraph, he has to return the products to the Vendor in relation to whose this right of withdrawal is exercised. In this case the Customer is required to pack with care products to be returned in original packaging and delivering it at his own expenses to the following address:
Gagea s.r.l. c/o Grand Hotel Del Mare
Concierge
Via Portico della Punta 34
18012 Bordighera
Italy
8.4 The right of withdrawal is subject to the following conditions:
– the Products must be returned in their entirety and not only some items in case of kits;
– the Products returned should not be used, worn, washed or damaged;
– the Products must be returned to Vendor in a single shipment. Vendor reserves the right not to accept products of the same order returned and delivered at different times;
– the returned Products must be delivered to the carrier within 10 (ten) calendar days from the date the customer received the products.
8.5 If the Customer exercises the right of withdrawal according to the preceding paragraphs, the Vendor is required to make instructions for the reimbursement of the sums paid by the Customer within 30 days from the receipt of the registered letter by whom the right of withdrawal has been exercised, with value date in the same term of 30 days. Times for material re-crediting of the amounts paid depend on banks concerned and the institution issuing the credit card. The Vendor , therefore, is exempt from any liability with regard to.
8.6 In the case of a return, the Customer will be charged to all shipping costs for returning the products to the Vendor. In this case, the risks inherent the uninsured transportation will be charged to the customer for the return of goods to Vendor.
8.7 In the case of the exercise of the right of withdrawal without following the methods indicated above (such as beyond the 10 days required by law),Vendor will resend the Products purchased to the Customer, charging him for the additional shipping costs.
8.8 The right of withdrawal cannot be applied in the case of products that have been customized on explicit request or that cannot be returned or are liable to deteriorate rapidly.
9. Warranty of nonconforming products
9.1 The Vendor is responsible for any defects in products offered on the site, including the nonconformity of the items to the products ordered, in conformity with Italian law.
9.2 If the Customer has signed the contract in the capacity of a Consumer, this warranty is valid on the condition that both of the conditions indicated below are respected:
o a) the defect appears within 24 months from the delivery date of the products;
o b) the Customer submits a formal claim relative to the defects within a maximum of 2 months from the date on which it was recognized.
9.3 In particular, in the case of a lack of conformity, the Customer that signed the contract in the capacity of Consumer will have the right to have the product repaired or replaced, or to receive an appropriate price reduction or the cancellation of the contract for the disputed goods and the consequent refund of the price.
9.4 All the costs of replacing defective products will be paid by the Vendor.
10. Communications to the Customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be sent to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
11. Privacy
Vendor will handle personal data provided under the Italian Law. More information and details can be obtained by accessing to the Privacy Policy published on the website.
12. Intellectual Property Rigths
All trademarks, as well as any intellectual work, or distinctive names, images, photographs, written text or graphics, and more generally any other intangible asset protected by Italian laws and international conventions on intellectual and industrial property remain exclusive property of Vendor. Any use of them, even if only partially, is prohibited without the prior written permission of Vendor, for whom are reserved exclusively all such rights. To all the foregoing purposes, please refer to the reading of the Terms of Use of the Website that the buyer declares to know and accept.
13. Governing law, dispute settlement and competent jurisdiction
These General Conditions of Sale are governed by Italian law and will be interpreted according to it. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequential to them shall be resolved exclusively by Italian courts. In particular, except the case of jurisdiction mandatorily reserved to specific Court (i.e. Consumer’s place of jurisdiction), the parties consensually establish the exclusive jurisdiction of the Court of MIlan.
14. Modification and updating
Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.ghmresort.com and in relation to purchase orders submitted after that date.
