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TERMINI E CONDIZIONI DI VENDITA

These general conditions of sale (hereinafter the “ General Conditions of Sale ”) regulate the sale of goods on this website www .gcds. com.

The goods purchased on the Site (hereinafter the “ Products ”) are sold directly by Diana E-Commerce Corporation SRL with registered office in Torreglia (PD) at via San Daniele n. 137/139, 35038, Italy, Registration number in the Companies Register of Padua, Fiscal Code and VAT number 05097740285, REA: PD442830, share capital € 500,000.00 fully paid up, PEC: diana.ecommerce.corporation@legalmail.it , (hereinafter the “ Seller ”), with the authorization of GCDS Srl registered office in Milan, Via Vincenzo Bellini 11, Tax Code and registration number in the Companies Register of Milan, Monza-Brianza and Lodi 09146210969, REAN MI-2071764.

In order to send a purchase order, it is necessary to read and accept these General Conditions of Sale. Failure to accept the General Conditions of Sale will make it impossible to make purchases on the Site.


  1. PREMISES
    1. The General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for the Products on the Site between the Seller and the users of the Site.
    2. Through the Site, the Seller offers the Products for sale and carries out its e-commerce activity exclusively towards its end users who are of age and "consumers" (as defined by art. 3 of Legislative Decree 206 of 6 September 2005), i.e. natural persons who act for purposes not related to any commercial, entrepreneurial, artisanal or professional activity they may carry out (hereinafter the " Customer ").
    3. The offer and sale of the Products refers exclusively to the countries indicated in the list of shipping countries on the relevant page of the Site accessible via the Homepage.
    4. The Seller reserves the right to establish a maximum limit of Products, or types of Products, that can be purchased on the Site.
    5. The Seller, therefore, reserves the right not to process orders from persons other than the "consumer" and/or minors, from countries not included among those indicated among the shipping countries or, in any case, orders that do not comply with its commercial policy.
    6. The General Conditions of Sale do not regulate the sale of goods or the provision of services by parties other than the Seller, even if they are present on the Site via links, banners or other forms of connection. It is the Customer's responsibility to verify the conditions of sale before placing orders and purchasing goods and services from parties other than the Seller. The latter is therefore not responsible for the sale of goods and/or the provision of services by third parties and/or the conclusion of agreements between the Customer and third parties.

  1. PRODUCT PURCHASE ORDER
    1. To order one or more Products on the Site, the Customer must select the Products he/she intends to purchase and add them to the shopping cart. Once the selection of the chosen Products has been completed, the Customer must proceed with the checkout on the shopping cart web page, fill out the order form in electronic format, according to the relevant instructions, and send it to the Seller.
    2. The languages ​​available for completing the purchase order are those indicated, for each country, on the page relating to the shipping countries reachable via the Homepage of the Site.
    3. The purchase order for the Products may be made by the Customer either through his/her personal account, if registered on the Site, or through the guest user mode , in which case providing the personal information requested to proceed with the order processing. If you use the Site and/or register by creating an account and/or a password, the Customer is solely responsible for maintaining the confidentiality of his/her account and password and for limiting access to his/her computer. If the Customer registers or provides the Seller with any information, he/she agrees to provide updated, complete and accurate information. The Seller and/or the Company GCDS Srl is not responsible for any errors or delays in responding to any request or complaint caused by incorrect, outdated or incorrect information provided by the Customer or by technical problems beyond the control of the Seller and/or GCDS. The Customer acknowledges and agrees that any login, identifier or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. The Customer may not disclose such password to another person or allow another person or entity to access the Site using such password. The Customer must immediately notify the Seller of any breach of security or unauthorized use of his/her account. The Seller and/or GCDS Srl cannot be held responsible, and declines all liability in relation to the use of any information published by the Customer or displayed on the Site.
    4. The order form contains a reference to the General Conditions of Sale, as well as a summary of the information on the main characteristics of each Product ordered and the relative price (including all applicable taxes or duties), the accepted payment methods and the delivery methods of the purchased Products, the shipping and delivery costs, the conditions for exercising the right of withdrawal and the methods and times for returning the purchased Products.
    5. Before proceeding with the purchase of the Products by sending the order form, the Customer is required to carefully read the General Conditions of Sale, which he or she may also print, save or make a copy of for personal use. By sending the order form, the Customer declares that he or she has understood and approved the content of the form itself, as well as accepted the General Conditions of Sale and Use of the Site, while, in default, it will not be possible to proceed with the purchase order.
    6. Before submitting the purchase order form, the Customer may verify the order details, as well as identify and correct any data entry errors.
    7. The forwarding of the order form by the Customer implies the obligation for the latter to pay the price indicated in the order.
    8. The presence of the Products on the Site must be understood as an invitation to offer by the Seller. The sending of the purchase order by the Customer to the Seller is valid as a proposal to purchase the individual Products subject to the order.
    9. Upon receipt of the purchase order, the Seller will send the Customer, via email, a receipt of the purchase order, which will contain a summary of the General Conditions of Sale, information relating to the essential characteristics of the Products and a detailed indication of the price (including all applicable taxes or duties), the means of payment, the conditions and methods of exercising the right of withdrawal and the delivery costs. This email is an automatic confirmation of receipt of the order and does not imply acceptance, by the Seller, of the Customer's purchase order.
    10. The Customer's purchase order is considered accepted by the Seller upon the latter's sending of the email confirming the shipment of the ordered Products.
    11. The Seller reserves the right not to accept purchase orders. This may occur, for example, in the event of unavailability of the Products or incomplete or incorrect orders, which do not provide sufficient guarantees of solvency or which are contrary to the Seller's commercial policy and/or the General Conditions of Sale. In these cases, the Seller will promptly inform the Customer by email and in any case within 30 days of the order being sent to the Seller, that the contract has not been concluded and that the Seller has not followed up on the purchase order. In the event that the Customer has already forwarded the order form and paid the price, the Seller will refund the amount paid.
    12. The order form will be stored in the Seller's database for the period of time necessary to process the orders and in any case in compliance with the terms of the law. The Customer, if registered on the Site, will be able to view the orders placed by accessing his/her personal account and consulting the appropriate section of the Site. The Customer who has made the purchase as a "guest" user will be able to verify the orders placed by contacting Customer Service as indicated in paragraph 11 "Customer Service" below.
    13. The Seller may provide promotional codes that offer a discount on the Products. Promotional codes cannot be used on purchases already made. Promotional codes are non-transferable and are not redeemable for cash. Furthermore, they cannot be used in conjunction with other promotional codes and/or offers and must be used by the expiry date, if applicable. The Seller reserves the right, at any time and without notice, to withdraw and/or modify the terms of promotional codes.

  1. PRODUCT FEATURES
    1. Only original Products marked with the GCDS brand are offered for sale on the Site, with the authorization of GCDS Srl, as well as the brands of the relevant Partners.
    2. The essential characteristics of the Products are presented on the Site within each Product sheet. The images and colours of the Products offered for sale may however not correspond to the real ones due to the Internet browser and/or monitor used.
    3. Each Product is sold on the Site together with the relevant identification tag which constitutes an integral part of the Product itself.

  1. PAYMENTS
    1. The prices of the Products indicated on the Site are expressed in Euro (€) Euro and are already inclusive of all applicable taxes and duties. The prices of the Products do not include, however, shipping and delivery costs which will be clearly indicated at the beginning of the purchase procedure of the Products.
    2. Product prices may be subject to change. The Customer undertakes, therefore, to verify the final sale price before sending the relevant order form.
    3. The payment methods can be found on the Payments page of the Site ( FAQ section > Payments and Prices > Which payment methods can I use? ), as well as indicated in the individual purchase order form, and constitute an integral part of the General Conditions of Sale.
    4. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged after the Customer sends the purchase order and before the Seller ships the Products.
    5. In the event that payment by credit card is chosen, the financial information (for example, the credit/debit card number or its expiration date) will be forwarded, via encrypted protocol, to banks or companies that provide the related remote electronic payment services, without third parties being able to access them in any way. Furthermore, such information will never be used by the Seller except to complete the procedures relating to the purchase for which they are provided and to issue the relevant refunds in the event of any returns of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site.
    6. If the Product is delivered to a country belonging to the European Union, the Product sold should not be subject to any customs clearance costs, such as import taxes and/or duties. However, in the case of delivery to a country not belonging to the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product in the country of delivery. Customs clearance costs cannot be foreseen in advance by the Seller and are, in any case, entirely borne by the Customer. For further information, the Customer can contact the customs office of the country of delivery of the Product.

  1. DELIVERY OF PRODUCTS
    1. The delivery of the Products ordered on the Site is via express courier. The costs, methods and terms of delivery of the Products are indicated on the Shipping page , as well as in the individual purchase order form, and constitute an integral part of the General Conditions of Sale.
    2. The delivery times of the Products indicated on the Site are indicative and refer exclusively to working days, with the express exclusion of public holidays.
    3. The Customer must place the purchase order directly from the page of the Site relating to the shipping country in which the purchased Product will be delivered. The Site should be able to automatically recognize the country from which the Customer is connecting, but it is possible to change the reference country of the Site via the list of shipping countries on the relevant page of the Site. Orders placed from a section of the Site relating to a country other than the destination country, or to an address not permitted by the courier appointed by the Seller (such as, for example, PO Boxes and Fermo Posta), will not be accepted. For Italy only, the Site is not authorized to ship to Livigno, Campione d'Italia, S. Marino and Vatican City .

RIGHT OF WITHDRAWAL

Exercising the right of withdrawal

  1. The Customer has the right to withdraw from the contract concluded with the Seller, free of charge and without stating the reasons, within 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Products or, in the case of multiple orders with separate deliveries, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Product. from the day of acquisition of physical possession of the Products purchased on the Site. The Customer has exercised his right of withdrawal within the aforementioned period if the communication relating to the exercise of the right of withdrawal is sent by the Customer before the expiry of the withdrawal period indicated above.
  2. To exercise the right of withdrawal, the Customer may communicate his decision to withdraw from the contract via the withdrawal form on the Site. To this end, the Customer must access the section of the Site relating to orders placed, fill out the withdrawal form and send it electronically to the Seller.
  3. Alternatively, the Customer may send written and explicit communication of the decision to withdraw to the Seller, providing his/her contact details (name, surname, address and e-mail), the order and receipt dates of the Products, the order number and the relevant Products purchased; to this end, the Customer may optionally use the standard withdrawal form **, which is not mandatory, as per Annex I of Legislative Decree 21 February 2014, no. 21. If the Customer chooses this option, the withdrawal communication must be sent to the Seller at the contacts indicated in the "Customer Service" paragraph.
  4. In case of exercising the right of withdrawal, it is not possible to directly replace the chosen Product with another; in order to purchase a new Product, the Customer must place a new order, separate from the previous one.
  5. The Customer is responsible for the decrease in value of the Products resulting from handling of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves.
  6. The Seller reserves the right not to proceed with the withdrawal procedure if the Products are returned without the identification tag.
  7. The right of withdrawal cannot be exercised in the cases described in art. 59 of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), including the following cases in which:
  • the Products have been made to measure or personalized;
  • the Products are liable to deteriorate or expire rapidly;
  • sealed Products are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
  • the Products are, after delivery, inseparably mixed with other goods;
  • the Products consist of sealed audio or video recordings or sealed computer software which have been unsealed after delivery.

Return times and methods

  1. The Products subject to withdrawal must be returned to the Seller. To proceed with the return, the Customer must send back the returned Products, within 14 days from the date on which the Customer sent the relevant withdrawal form to the Seller, to the following address: at the Company Savino del Bene SpA, Via G. Gasparini 8, 42044, Santa Vittoria di Gualtieri (RE) Italy . The deadline is respected if the Customer sends back the Products before the expiry of the aforementioned period of fourteen days.
  2. The payment of the direct costs of returning the Products is borne by the Customer.
  3. It is recommended, where possible, to return the Products in the packaging sent by the Seller.

Refund times and methods

  1. Upon receipt of the Products, the Seller will carry out the necessary checks relating to their conformity with the conditions and terms indicated in this art. 6.
  2. In the event that the checks are concluded positively, the Seller will send the Customer, via email, the relevant confirmation of acceptance of the returned Products and will proceed to refund all payments received from the Customer, including delivery costs. The Seller is not required, however, to refund the additional costs of delivery costs, if the Customer has expressly chosen a type of delivery other than the least expensive type of delivery offered.
  3. Regardless of the payment method used by the Customer, the refund is activated by the Seller, after checking the correct execution of the right of withdrawal, in the shortest time possible and in any case within 14 days from the date on which the Seller received the notice of withdrawal. The refund may be suspended by the Seller until receipt of the Products or until the Customer demonstrates having sent back the Products, if earlier.
  4. The Seller will refund using the same means of payment used by the Customer for the initial purchase, unless the latter has expressly agreed otherwise. If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums will be made by the Seller, unless otherwise agreed, to the person who made the payment.
  5. If the methods and terms for exercising the right of withdrawal, as specified in this art. 6, are not respected, the Customer will not be entitled to a refund of the sums already paid to the Seller; however, the Customer may obtain back, at his own expense, the Products in the state in which they were returned to the Seller.

  1. LEGAL GUARANTEE OF CONFORMITY
    1. In addition to the guarantee for defects in the goods sold, the Seller provides the legal guarantee of conformity on the products as provided for by Title III of Part IV of Legislative Decree 6 September 2005 n. 206 (so-called Consumer Code). This guarantee provides that the Seller is responsible for defects of conformity on the products sold that appear within 2 (two) years of delivery of the products.
    2. Unless proven otherwise, it is presumed that any lack of conformity which becomes apparent within 1 (one) year of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
    3. The action aimed at asserting a lack of conformity not fraudulently concealed by the Seller expires, in any case, within 26 (twenty-six) months from delivery of the product.
    4. In the event of a lack of conformity, the Customer may ask, at his choice, the Seller to repair the goods or replace them, in both cases without incurring any expense, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the seller. The Customer may also request, at his choice, a proportional reduction in the price or the termination of the contract in the cases referred to in art. 135- bis of the Consumer Code. The consumer does not have the right to terminate the contract if the lack of conformity is only minor.
    5. In order to benefit from the guarantee of conformity, it is recommended to keep and display the purchase documents of the product. For more information on the legal guarantee of conformity for consumers as well as to benefit from the remedies provided by the legal guarantee in relation to the products purchased from the Seller, the consumer can contact Customer Service.

  1. PRIVACY
    1. In relation to the processing of the Customer's personal data, please refer to the Privacy Policy .

  1. LAW APPLICABLE AND DISPUTE RESOLUTION
    1. The General Conditions of Sale are governed by Italian law and in particular by the provisions of Legislative Decree no. 206 of 6 September 2005, containing the “Consumer Code”, with specific reference to the provisions regarding distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
    2. In the event of disputes between the Seller and each Customer, arising from the General Conditions of Sale, the Customer may access the online dispute resolution platform provided by the European Commission through the link https://webgate.ec.europa.eu/odr .
    3. For civil disputes relating to the application of Sections I to IV of Title III, Chapter I of the Consumer Code, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located within the territory of the State.


  1. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
    1. The General Conditions of Sale may be modified at any time by the Seller, also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Site. Customers are therefore invited to regularly access the Site and consult, before making any purchase, the most updated version of the General Conditions of Sale.
    2. 10.2. The General Conditions of Sale applicable to each contract concluded by the Customer through the Site are those in force on the date of sending the purchase order.

  • CUSTOMER SERVICE
    •
    1. For assistance on the Products, further information, suggestions, complaints and/or further requests, the Customer may contact the Seller's customer service at any time using the Contact form or the following references:
    • by phone: 0498597584
    • by email: customercare@gcds.it;
    • by post: Diana E-Commerce Corporation SRL with registered office in Torreglia (PD) at via San Daniele n. 137/139, 35038.

    **Standard withdrawal form

    - pursuant to art. 49, paragraph 1, letter h) of Legislative Decree 6 September 2005 n. 206 –

    (complete and return this form only if you wish to withdraw from the contract)

    Diana E-Commerce Corporation SRL

    at GCDS Srl, Savino del Bene SpA Company, Via G. Gasparini 8, 42044, Santa Vittoria di Gualtieri (RE) Italy


     - I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/services (*)

    - Ordered on (*)/received on (*)

    - Name of consumer(s)

    - Address of the consumer(s)

    - Signature of the consumer(s) (only if this form is notified on paper)

    - Date