art. 1. Definitions:
- general conditions of sale: meaning the present general conditions of sale;
- e-commerce/website: meaning the web platform www.gnamshop.com through which the service is being offered;
- company: “gnamshop s.r.l.” – in the person of its director Gianfilippo Collini - p. iva 02253250449- with registered office in San Benedetto del Tronto alla via Volturno n. 7;
- product/products: food products prepared by other operators or directly purchased from food companies, producers or retailers;
- customer/final consumer: any person who is meant as final user of the product compliant with the definition given by the law: 206/2005;
- customer with a VAT number: any person who is not a final user of the product;
- service: online sale of food products.
art. 2. Generality and commercial policy of the company
2.1. "gnamshop s.r.l." is a company looking for quality, genuine and handicraft products, with the aim of offering a unique service in the field of national and European cuisine.
2.2. the company markets products which are prepared by other operators or directly purchased from companies, producers and retailers which have been accurately selected by our team, in accordance with applicable laws, rules and regulations.
art. 3. Premise and effectiveness of the general conditions
3.1. the present general conditions of sale (hereinafter "general conditions") have as their object the discipline of the purchase of products and services, made remotely and made available, via internet, through the website www.gnamshop.com (hereinafter "the website") in accordance with Italian law.
3.2. the seller of the products and holder of the website is: gnamshop s.r.l. with head office in via volturno 7, 63074 San Benedetto del Tronto (ap), fiscal code/VAT 02253250449 and registration in the Register of Enterprises of San Benedetto del Tronto n. 02253250449, rea: Ap - 201842 email address email@example.com.
3.3. the customer visiting the website in order to purchase (hereinafter "client") is required, before sending an order, to read attentively the present general conditions which are available on the website and which can be consulted any time by the client also through the link contained in the confirmation of each order in order to allow its reproduction and storing.
art. 4.Scope of application
4.1. the present general conditions of sale apply to customers who fall within the definition of "consumers", compliant with legislative decree No. 206/2005, who purchase products via e-commerce www.gnamshop.com and use the products exclusively for private use.
4.2. the present general conditions of sale apply also to customers with a VAT number and who make purchases via the e-commerce www.gnamshop.com but do not use the purchased product only for private use.
4.3. if the subject making purchases on the website requests an invoice and/or is not a "consumer or user" as defined by art. 3, par. 1, letter a), of the Consumer Code, termination provisions laid down in article 13 of the present general conditions will not apply, and, more generally, the provisions which apply only to "consumers" compliant with the Consumer Code will not apply.
4.4. in placing a purchase order the customer confirms having read attentively and accepting all the present general conditions of sale and asks the company to executing them.
art. 5: Aim of the contract and of the service
5.1. the company, through its website www.gnamshop.com, offers a service of online sale of food products, the aim of the contract is therefore the online sale of food products through the above mentioned website www.gnamshop.com
5.2. the essential features of the products are explained in each product description.
art. 6: Conclusion of the contract
6.1. the orders placed by the customer are meant as a proposal sent by the company to purchase chosen products on the basis of the present general conditions of sale. The contract will be considered concluded when the proposal will be accepted (acceptance) by the company with an e-mail of acceptance.
6.2. the company will keep copies of the received orders and acceptance sent for a reasonable period of time, compliant with applicable laws.
art. 7. Choosing and ordering products
7.1. the features and price of the various products on sale (hereinafter "product" or "products") are listed on the relative page of each product.
7.3. in sending from the website the order, which has the value of a contract proposal, the client recognizes and declares to have read all indications supplied to him during the purchase procedure and to accept integrally the present general conditions and the chosen payment conditions.
7.4. the contract concluded between gnamshop s.r.l. and the client will be considered concluded after the acceptance of the order on the side of gnamshop s.r.l.. Such acceptance will be communicated to the client via an e-mail of confirmation of the order containing a link to the present general conditions, the order number, shipping and invoice data, the list of the ordered products with their essential features and total price, including delivery costs. The client is supposed to check the confirmation e-mail and in case he finds mistakes in the order he has 12 hours time from the reception of such e-mail to contact the customer service using the tools available on the website. After this deadline the order will be processed for shipping and no changes will be accepted.
7.5. Once the order is received, gnamshop s.r.l.will verify the availability on the side of its suppliers, in order to process the order. In case one or more products are not available, the customer service of gnamshop s.r.l. will immediately send a notice to the client who, within the next 12 hours, may answer to confirm the shipping of other available products or cancel the order. If an answer is not sent within this deadline, available products will be sent. In this case the total amount relative to the missing products will be returned or, depending on the payment mode chosen, will not be charged to the client.
art. 8. Customer statements
8.1. The customer (be it the final user or a customer with a VAT number) declares to be of age and to possess the legal capacity in order to sign a contract by law between the parts and that the information supplied when he or she placed the order are updated, accurate and sufficient to execute the order.
art. 9. Information on the products
9.1. The information and features of the products are available on the website, together with each product code.
9.2. The visual depiction of the products on the website, when it is available, corresponds normally to the picture accompanying the description. It is understood that the image of the products has the only aim of presenting them for sale, cannot represent their features and quality, and may differ in color and dimensions. In case of a difference between the image and the written product description, the product description shall prevail.
art. 10. Prices and shipping
Prices of products are inclusive of all taxes. All prices are in Euros.
- - shipping in Italy: in all Italy shipping costs are 10,00 euro, for each sender.
- shipping abroad: shipping costs vary on the basis of the country of destination. Such costs will be notified to the client during the checkout phase, and in any case before the purchase confirmation. When the client selects a destination country different from Italy shipping costs will be automatically updated.
art. 11. Payment mode and invoicing
11.1. Payment modes: the client can pay the price of the products and shipping costs with a bank transfer.
- bank transfer
The client is required to perform the bank transfer within one day from the data of purchase
If this does not happen the order will be cancelled and the goods will be again available for purchase for other clients. If the client does not proceed with the bank transfer he may be contacted by the customer service in order to clarify if the missing transaction is due to the will of the client who is not willing to confirm the purchase, or to other causes.
dData for the bank transfer:
bank: banca popolare dell'emilia romagna filiale di collecchio
causale:Reason for payment: the client has to indicate in the reason for payment the date and order number, which he finds in the confirmation e-mail.
art. 12. Delivery of products and risks
12.1. The purchased products will be delivered to the address indicated by the client during the purchase procedure in the appropriate box "shipping data".
12.3. The company reserves the right to charge an additional amount due to changes or the delivery address which have not been notified in time.
12.4. All purchases will be delivered with express courier (hereinafter "courier"). Date and delivery times indicated by the company are meant as purely indicative. The company undertakes to respect the date and delivery times, shipping the products within the maximum limits allowed by law, but it cannot be held responsible for possible delays which are not attributable to the fault of the Company.
12.5. Once the products are shipped, the client can access the website using his credentials and consult the status of the orders.
12.6. In any case, except in cases of force majeure or unforeseeable circumstances, ordered products will be delivered within the maximum term of 15 (fifteen) working days starting with the day after the order confirmation sent by gnamshop s.r.l. to the client with an e-mail of confirmation of the order.
12.7. In case the customer, meant as final user, refuses to receive or is not able to receive the delivery of the product compliant to the present general conditions of sale, all risks connected to the loss or damaging of products will be at his expense.
In this case the Company may:
a) keep the payment and/or demand the immediate and entire payment of the products and make the delivery with any means it deems appropriate, including dropping the product at the expense and risk of the customer;
b) demand anyway the payment of all stock and storage of the products and any other costs due to such a refusal or inability to receive the delivery;
c) In any case, it may always cancel the order and use the products, without prejudice to its right of compensation of the damage caused by the customer, besides the risks and costs mentioned above.
12.8. Without prejudice to the mandatory rights recognized by the applicable law, the customer, meant as a customer with a VAT number as opposed to the final user, shall not be entitled to reject the products, in whole or in part, and shall be obliged to proceed with the whole payment despite the fact that the delivery did not happen or was incomplete, unless he proceeded with the immediate written notification of the complaint. Following such written notification, if this is followed up, the customer shall be obliged to pay for the effective quantity.
12.9. Whenever the delivery of products happens by installments, each installment shall be considered as a separate and distinct contract; any defect encountered in one or more installment does not justify the termination of the whole contract nor to cancel orders for the next installment.
12.10. The risk involved in the loss or damaging of products shall be at the expense of the customer and to be verified at the delivery of the products and in the moment in which such products are placed in his possession.
art. 13. Right of withdrawal
13.1. Pursuant to legislative decree 206/2005, rights of withdrawal cover only consumers, that is the natural person acting outside of his professional activity.
13.2. The right of withdrawal has to be used within 10 (ten) days from the receipt of the merchandize, through registered letter or via e-mail (which must me however be confirmed within 48 hours by a registered letter)
13.3. Notification of withdrawal shall be understood to have taken place the day of dispatch of the registered letter by the mail.
13.4. The customer who exercises his right of withdrawal is entitled to reimbursement of the price of the product, without any penalty.
13.5. All notifications of withdrawal shall be undersigned and addressed as follows: "all'attenzione di gnamshop s.r.l. in persona del suo amministratore sig. Gianfilippo Collini - via volturno n. 7 - 63074 san benedetto del tronto"; and shall be sent by registered letter to the preceding address, preceded by an e-mail to the adress - firstname.lastname@example.org.
13.6. It is understood that, in case he makes use of his right of withdrawal, the customer shall be obliged to return the product intact and in a perfect state and shall respect all necessary caution aimed at preserving the product in his possession and conserve it at his expense in its original packaging, shipping it to the seller within 3 (three) days since the exercise of the right of withdrawal, guaranteeing its correct delivery.
13.7. Failing that, the right of withdrawal shall find no application and the seller shall be entitled the right to be reimbursed for the damage, besides the payment of the product.
13.8. Products will have to be returned directly to the Company. The reimbursement of the price of the product shall happen within 30 (thirty) days since the date in which the good has arrived intact and in perfect conditions to our Company.
13.9. The right of withdrawal is excluded in the following cases:
a) for the supply of customized products, or products which by their nature cannot be returned and risk to deteriorate or alter rapidly;
b) in the case of products which are returned damaged.
13.10. in cases of exclusions of the right of withdrawal, gnamshop s.r.l. shall return to the client the purchased products, charging him with shipping costs.
art. 14. Free returns in case of exercise of the right of withdrawal
14.1. As a greater favor towards the client, gnamshop srl keeps completely at his own expense the shipping costs for the return of products in case of exercise of the right of withdrawal.
14.2. In order to benefit from such free shipping, the client who intends to exercise his right of withdrawal shall stick to the procedure indicated at the preceding article 13 and wait to be contacted by gnamshop s.r.l. in order to arrange the return of the products to the courier.
art. 15. Receipt of products
15.1. It will be the duty of the customer to check products when they are delivered and make sure that the conditions of the products are satisfying, that they correspond to those indicated in the description and that they are complete.
15.2. With the exception of what has been specified above, and notwithstanding the rights recognized by the applicable law, the Company shall not be responsible and the customer shall have no right to reject the products, unless possible defects of the products (which cannot be attributed to the conduct or negligence of the customer or to the reception of the products) are promptly communicated to the Company at the moment of delivery and product check, using the modes described on the website and in any case, under penalty of expiration, within and not beyond 7 (seven( days since the discovery. The unreserved acceptance of goods on the side of the customer terminates any responsibility for defects or damages.
15.3. The legal guarantees provided by articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The client is entitled, provided that the type of product allows it, to the restoration of the product through reparation or replacement, or through an adequate price reduction or termination of the contract. Such rights for the client expire if he does not notify gnamshop s.r.l. the defect within 3 days since its discovery, unless the product by its nature is perishable and subject to a shorter deadline, in which case the defect shall be notified within such shorter deadline.
15.4. No changes occur in any case to the liability of the carrier for the damaging, failure or loss of the products, or parts of them, during transportation, from the moment he received them until the delivery to the customer.
art. 16. Mistakes and limited liability
16.1. Information on the products supplied by the website are constantly updated, but it is not possible to guarantee the complete absence of mistakes of which gnamshop s.r.l. cannot be considered liable, except in case of heavy fault or fraud.
16.2. gnamshop s.r.l. reserves the right to correct mistakes, inaccuracies or omissions even after the order has been sent, or to modify and update information in each moment without previous notification, without prejudice to the rights of the client pursuant to the present general conditions and the Consumer Code.
16.3. With the exception of heavy fault or fraud, any right of the client to reimbursement for damages or recognition of an indemnity or any contract or non-contractual liability for direct or indirect damages to people or things, provoked by the failed acceptance or execution of an order, even in part, is excluded.
16.4. gnamshop s.r.l. promotes the responsible consumption of alcohol and excludes any liability, with the exception of heavy fault or fraud, in case of purchase by minors of 16 years.
art. 17. Contract termination
17.1. In any event of non-payment, inexact or partial payment on the side of the client on the agreed date, and after 15 days since the last unheard reminder, the sale will be deemed terminated and the Company shall be entitled to demand the return of the delivered products, notwithstanding its right to withhold any amounts received by the buyer as a penalty, without prejudice to any greater damages or interests due.
17.2. Any unpaid amount shall furthermore entitle to the right of calculating interests on delayed payments.
art. 18. Complaints
18.1. Any possible complaint shall be communicated to gnamshop s.r.l. using the forms indicated on the website, or sending a registered letter to the following address:
c.a. ufficio reclami
gnamshop s.r.l. - via volturno n. 7 - 63074 san benedetto del tronto (ap)
gnamshop s.r.l. undertakes to to answer all claims received within maximum 7 working days.
art. 19. Notices
19.1. Any notice or communication concerning the present conditions shall happen with a registered letter and via e-mail, at the addresses indicated at point 13.5) of the present general conditions of sale.
19.2. The last address or contact communicated by the customer shall be the address to which notices required by the applicable law concerning legal procedures shall be addressed to, before the election of domicile by the Prosecutor.
19.3. With the exception of what is indicated above concerning the cancellation of orders on the side of the consumer, such notices or communications (if duly addressed) shall be considered received:
b) at the hour and date of the reception confirmation of the e-mail on the side of the recipient.
art. 20. Privacy regulations and processing of personal data
20.1. Pursuant to legislative decree n. 196/2003 ("Code on the subject of protecting personal data") gnamshop s.r.l. communicates to its clients that personal data supplied by them when they fill the purchase order are treated for the purpose of processing the order and for commercial, promotional or internal statistic aims. Given that such functions are fundamental, the order cannot be processed unless consent to such treatment is given: when you send the order, you authorize gnamshop s.r.l. to the treatment of personal data for the above indicates aims.
20.2. gnamshop s.r.l. undertakes not to disclose such data to companies who can use them for commercials aims, to send advertisement material or to realize market researches.
art. 21. Jurisdiction and applicable law
21.1. Contracts signed with gnamshop s.r.l. through its website are governed by the present general conditions in compliance with Italian law. The language at disposal to conclude the contract is Italian.
21.2. The sale contract between the client and gnamshop s.r.l. is stipulated in Italy and governed by Italian law. Any dispute regarding the interpretation, execution or termination of the present general conditions or single purchase orders, if the client is a consumer pursuant to the Consumer Code, shall be under the jurisdiction of the municipality of residence or domicile if it is on Italian territory; in all other cases, jurisdiction is exclusively under the Court of San Benedetto del Tronto, excluding any other court.