General Conditions of Sale
These general sales conditions apply to products purchased through the https://dev.varaninistore.com/ website.
The use of the distance selling service described in these General Conditions is reserved for private individuals and companies for the final use of the product and not for its resale.
The Customer must read the General Conditions of Sale carefully. Contracts concluded through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, no. 206 ("Consumer Code") and Legislative Decree 9 April 2003, no. 70 (hereinafter, "Ecommerce Decree").
GDR S.A.S. DI DAVIDE COLOMBO
Registered office MONZA (MB)
VIA Stelvio 9
Information on Products
The information relating to the Products for sale on this website and which may be sold at a distance through the website are available, with the relevant product codes, on the website.
This information is provided in accordance with Articles 52 and 53 of the Consumer Code.
The prices of the products are inclusive of all taxes and duties. Delivery costs are indicated separately. Unless otherwise indicated or promoted, a contribution to shipping costs of € 5.90 is required for each individual shipment. Shipping is free of charge for orders over 25 euros. All prices are in Euro.
The essential characteristics and prices of the individual Products are shown in the offer for each Product.
Before submitting his purchase order, the Customer will have the opportunity to correct any errors in data entry by following the appropriate editing procedure contained in the Site. In particular, the Customer is entitled to modify the quantity of the Products he intends to purchase by adding or removing one or more Products from the "cart".
The customer must ensure that the product purchased is compatible with the coffee machines in his possession. GDR s.a.s. di D.C. will not be held responsible for errors in the choice of compatible capsules.
By sending the order, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase process and fully accepts the General Conditions.
The Customer will be able to view and follow the status of his order through the "Orders" area of his account.
GDR s.a.s. di D.C. reserves the right to evaluate the acceptance of orders received and will inform the Customer of any impossibility to accept the orders received within 30 days from the day after the Customer has sent the order via this website and will refund any sums already paid by the Customer for payment of the supply.
The Customer may pay the price of the Products and the relative delivery costs by PayPal, credit card or bank transfer.
GDR s.a.s. di D.C. accepts payments made with the credit cards available and offered by the paypal circuit.
The transaction will be charged to the Customer's credit card only after
a) the credit card details have been verified,
b) authorisation to debit has been received from the company issuing the credit card used by the Customer, and
c) the availability of the Product has been confirmed.
GDR s.a.s. di D.C. also accepts payments made by bank transfer. Any bank charges will be borne by the Customer. In case of payment by bank transfer, the shipment will be carried out after the crediting on the account.
If, for whatever reason, it proves impossible to debit the amounts due by the Customer, the sale process is automatically cancelled and the sale is automatically cancelled.
Confirmation of order receipt
In accordance with the provisions of art. 53 of the Consumer Code, the Customer receives, at the time of execution of the contract, by email, confirmation of receipt of the purchase order, containing a summary of the General Conditions, the essential characteristics of the product ordered, its price, the amount paid, the existence of the right of withdrawal - with the indication of the price of the product - and the date of purchase.
Ineffectiveness of the order
No contract shall be deemed to have been entered into between GDR s.a.s. di D.C. and the Customer if GDR s.a.s. di D.C. has reasonable grounds to believe that the Customer is not acting on the basis of a genuine and effective interest in purchasing the products ordered, or is abusively exercising the right of withdrawal recognised in Article 12 below.
In such cases, the order placed by the Customer shall be deemed to have no effect. GDR s.a.s. di D.C. will send to the Customer, by e-mail, a communication stating the non-conclusion of the Contract, also ensuring the cancellation of any charges and/or expenses charged to the Customer.
Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer. In any case, the Customer has the right to request delivery of the products to a natural person of his/her choice, whose residence or domicile is located within the Italian territory. At the time of delivery, the signature of an adult over the age of 18 shall be required. Deliveries to P.O. boxes shall not be made.
Delivery costs require a contribution from the Customer and are clearly indicated on the Site, in the cart summary and in the order form. All purchases will be delivered by express courier (hereinafter referred to as the "Courier") from Monday to Friday, excluding public holidays and national holidays. GDR s.a.s. di D.C. is not responsible for unforeseeable delays.
In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Code, the products will be delivered within a maximum period of 30 (thirty) days from the day after the day on which the Customer has sent the order to GDR s.a.s. di D.C., unless GDR s.a.s. di D.C. informs the Customer by e-mail within the same period of time that it is unable to deliver the goods ordered due to the unavailability, even temporary, of the products. In the event of such communication, GDR s.a.s. di D.C. will refund any sums already paid by the Customer for payment of the supply.
In the event that the Customer wishes to cancel the order following notification by GDR s.a.s. di D.C. of a delay in the delivery date, any sums already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the day after the Customer has sent the order to GDR s.a.s. di D.C.
For delivery of the goods, the presence of the Customer or a person appointed by him at the address indicated in the order is required. Upon delivery of the goods by the courier, the Customer must check that the number of packages delivered corresponds to the number indicated in the transport document and that the package is intact or not altered. Any damage to the package and/or the Products or the mismatch in the number of packages must be immediately notified by means of a written control reservation on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer may not raise any objection regarding the external characteristics of the package delivered.
Right of withdrawal
Pursuant to Legislative Decree no. 06/09/05 N°206, the consumer customer has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, within 10 days from delivery of the products.
To exercise this right, the customer must send written notice by registered letter with acknowledgment of receipt to GDR s.a.s. di D.C. via Meraviglia 1 20900 Monza indicating the package or packages for which he intends to exercise the Right of Withdrawal, provided that they are intact.
Once the above-mentioned notice of withdrawal has been received, GDR s.a.s. di D.C. will communicate to the customer instructions on how to return the goods.
The right of withdrawal is subject to the following conditions:
- the right of withdrawal applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
- the right of withdrawal does not apply to custom-made or personalised goods.
- The purchased goods must be intact and contained in their original packaging, which must also be intact.
In accordance with the law, the shipping costs relating to the return of the goods shall be borne by the customer and the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer.
In the event of damage to the goods during transport, GDR s.a.s. di D.C. will inform the customer of what has happened, so that the customer can make a prompt complaint against GDR s.a.s. di D.C..
In accordance with the law, the shipping costs for the return of the goods shall be borne by the customer and the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer.
In the event of damage to the goods during transport, GDR s.a.s. di D.C. will inform the customer of the incident, to enable him to make a prompt complaint to the carrier of his choice and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, at the same time cancelling the request for withdrawal;
GDR s.a.s. di D.C. shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments.
Upon arrival in the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original packing are damaged, GDR s.a.s. di D.C. will deduct a percentage from the refund due, which shall not exceed 20%, as a contribution to the costs of restoration.
Without prejudice to any repair costs for damage to the original packaging, GDR s.a.s. di D.C. will refund the customer the full amount paid, within 30 days of return of the goods, by transferring the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (ABI - CAB - Current Account of the invoice holder).
The right of withdrawal will be totally lost, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where GDR s.a.s. di D.C. ascertains
- the lack of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product;
- damage to the product due to causes other than transport.
In the event of forfeiture of the right of withdrawal, GDR s.a.s. di D.C. will return the purchased goods to the sender, charging him the shipping costs.
In the event of conformity defects of products sold by GDR s.a.s. di D.C., the Customer must immediately contact GDR s.a.s. di D.C. at the e-mail address email@example.com.
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right to have the conformity of the goods restored, without charge, by repair or replacement, or to an appropriate reduction in price, or to terminate the contract. The Customer loses these rights if he does not report the lack of conformity to GDR s.a.s. di D.C. within one month from the date on which he discovered the defect. The action aimed at asserting defects which have not been fraudulently concealed by GDR s.a.s. di D.C. is, in any case, time-barred within twenty-four months from delivery of the goods.
The information relating to the Products provided on the Site is constantly updated and can be changed without notice, as can the general conditions of sale.
However, it is not possible to guarantee the complete absence of errors.
GDR s.a.s. di D.C. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, and also to change or update the information at any time without prior notice.
Applicable law and competent court
These General Conditions are governed by Italian law and shall be interpreted in accordance with Italian law.
Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the courts of the municipality in which the registered office of GDR s.a.s. di D.C. is located.