This document contains the general conditions of sale governing the terms and conditions of purchase online via the website Destination Gusto in ownership of Intesa Sanpaolo S.p.A. with registered office in Piazza San Carlo 156-10121 Turin, Tax Code, VAT and registration in the Register of Companies of Turin n. 007999960158 and managed, at each operating effect, from B2X S.r.l., as hereinafter identified. Products and services purchased on the Site are sold directly by B2X S.r.l., with registered office in Rome, Via Tiburtina 1236, 00131 Rome, P.Iva 11020591001, entered in the Register of Companies of Rome n°1272364 (the "Seller"). For more information, you can contact the Customer Service of the Seller by telephone at the number 800.046.616 or through the form on the contacts area of the site. The Seller reserves the right to modify the present general conditions of sale at any time; any new rules will be effective from the time of their publication on the website and will apply to sales that will be carried out starting from their publication. The Seller invites you to read carefully the present general conditions of sale before each purchase through the Site.
1.1 Customer: the consumer, as defined below.
1.2 The Order Confirmation: notice sent to the customer via email, with which it ratifies the definitive detail concerning the purchase contract concluded between the seller and the customer (referred the present conditions of sale are an integral part).
1.3 Consumer: a person, adult or however capable to act within the meaning of law, who makes an order on the Website for purposes unrelated to the business, commercial, craft or profession possibly carried out subject to the legislation referred to in D. Lgs. n. 206/2005 and subsequent modifications and integrations.
1.4 Price: the contractual payment indicated in the Order Confirmation, inclusive of VAT.
1.5 Product/i: the products listed in the electronic catalog published on the site so as described in the relevant product information sheets, and detail indicated in the confirmation of order.
1.6 The Seller: B2X S.r.l., with registered office in Rome, Via Tiburtina 1236, 00131 Rome, P.Iva 11020591001, entered in the Register of Companies of Rome n° 1272364, commercial company with which the customer concludes the contract of purchase and which deals to purchase the Products from the supplier and to resell them at their own burden and responsibility to the customer.
2. Trade policy - Scope of application
2.1 The mission of the site is to promote and sell the products of the supplier, with particular reference to trade B2C (Business to Consumer) toward consumers. In consideration of its commercial policy the Seller reserves the right not to follow up the orders coming from persons other than the Customer or anyway to orders that do not conform to its commercial policy. These Conditions of sale govern exclusively the offer, the forwarding and the acceptance of purchase orders of products between customers and the Seller through the Site ("Conditions of Sale").
2.2 These Conditions of Sale do not regulate instead the provision of services or the sale of products by subjects different from the seller that are present on the site through any links, banners or other hypertext links. Before submitting purchase orders for products and/or services by persons other than the seller, the customer is asked to check their conditions of sale. The Seller is not responsible for the provision of services by third parties other than the seller or the conclusion of operations of electronic commerce among users and third parties.
2.3 In the event of an IT, manual, technical or other error that may result in a substantial change, not foreseen by the Vendor, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase of the order will be considered not valid and canceled and the amount paid by the customer will be refunded within 14 days from the day of cancellation, upon notice to the customer.
2.4 The seller reserves the right to verify and evaluate the correctness and good faith of the customer, in particular in the case of use of promotions or discount coupons. In the event that the customer's behavior turns out to be illegal and incorrect, the seller will promptly inform and proceed with the purchase order.
2.5 These Conditions of sale are posted on the home page of the site and are viewable by the customer at any time before and during the course of the procedure for placing an order.
3. How to conclude the contract with B2X Srl.
3.1 To conclude the contract for the purchase of one or more of the products on the site, the customer will have to fill in the order form in electronic format, taking care to correctly enter your data as required in the module itself and transmit it electronically to the seller, by following the instructions on the site. To conclude the contract for the purchase of the customer will be able to create your own "account" (or personal profile) by compilation of forms on the site, taking care to correctly enter their personal data as requested by the forms electronic recording, so as to be able to proceed in an easier way to purchases, even subsequent to the first, without having any time Please recompile all modules. The Customer in any case takes responsibility for the truthfulness and accuracy of the personal data entered and issued to the seller in the registration phase and/or sending the order form. It is understood that any damage/Delay/Discomfort referable and/or attributable to non correctness and/or untruthfulness of personal data inserted at the time of registration and/or subsequently modified in no event will be charged to the seller.
3.2 In the order form is contained a reference to the conditions of sale and a summary of the main information relating to each product ordered. In particular, are clarified the price (inclusive of all taxs and/or applicable taxs), the means of payment used and the mode of delivery of the products ordered (accompanied by related costs). There is also a reference to the general conditions of use of the site.
3.3 Before proceeding with the purchase of products by transmitting the order form, it is the duty of the customer to read carefully the General Conditions of sale and the terms and conditions of use, as well as to print and/or store a copy for possible future use. In particular, prior to the conclusion of the procedure for on-line purchase and payment, the customer will be invited to take vision and accept these conditions of sale and to print or save electronic copy and still keep the present conditions of sale in the observance of what is provided for by Legislative Decree No. 206/2005 ("Consumer Code").
3.4 The contract is concluded when, downstream of the test by the customer of the data related to the order, the seller receives via telematics the corresponding order form.
3.5 With the transmission of the order form, the customer accepts unconditionally and undertakes to observe, in relations with the seller, the present conditions of sale. If the customer does not agree with some of the terms herein, is invited not to submit the order form for the purchase of products on the site.
3.6 With the transmission of the order form the customer confirms to know and accept also the further information contained in the website, in the general conditions of use, and in the information on the processing of personal data.
3.7 The order form will be filed at the data bank of the seller for the period of time necessary for the fulfillment of orders and however in terms of law. The customer can access the order form, by referring to the section Area Staff > My Orders or, in case the customer is not registered to the site in the Support Area, by entering the code of the order and the email used in phase of compilation of the form of order creation.
3.8 The language available to the customer to conclude the contract with the seller is Italian.
3.9 The prices of the products may be subject to updates. The customer has the obligation to ensure the final sales price before submitting the form to order.
3.10 purchase requests coming from countries not included among those listed in the section "Shipping and delivery products" will not be accepted by the Seller.
3.11 concluded the contract, the Seller will pay the corresponding purchase order.
3.12 The Seller may not giving way to purchase orders submitted by the customer in the case not provided sufficient guarantees of solvency or in case the data from the latter provided are incomplete or incorrect. In these cases, the Seller will provide, via email, to inform the customer of the failure to conclude the contract, stating the reasons for which it was not possible to comply with the order.
3.13 In general, all items on the site are immediately available. However, the seller may under no circumstances be held responsible for the temporary unavailability of one or more products. Where specific products presented on the site are not available or for sale after the sending of the order form, will be the responsibility of the Seller to communicate to the customer before the Order Confirmation, the aforesaid unavailability. Except as hereinafter agreed (see section right of withdrawal), sending the order form from part of the customer, applies as also acceptance of any partial delivery, limited to products available in the context of those ordered as well as as a waiver to request this title indemnity and/or compensation. If the customer had already settled the payment of the full order, the Seller will reimburse the amount corresponding to the products not available according to the modalities described below (see section times and methods of reimbursement).
3.14 Once a contract has been concluded, the Seller will transmit to the customer, email address and in the language indicated in the order form, a confirmation of order request, containing a summary of the information contained in the module itself. This document is not to be understood as the Order Confirmation will be sent subsequently, at the time of the actual shipment of the products.
3.15 At the time of the actual shipment of products present in the order form, the Seller will send to the customer, email address and in the language indicated, the Order Confirmation. This document will contain the list of the products actually purchased together with their main characteristics, including that relating to the price inclusive of VAT. It shall also include all information relating to shipping data, the costs and the expected delivery time. In addition, you will be shown the total cost of the order (with and without VAT) and the main information relating to the payment made. Finally, the document in question will contain a summary of the conditions of sale of the general conditions of use of the site and the fiscal data of the Seller (name, legal form, Sede legale, enrolment in the Register of Companies, Tax Code, VAT number and responsible).
4. Cancellation of the Order
4.1 Without prejudice to what is proposed in the area of the recess, it is possible to cancel the orders not yet shipped (marked with status: in processing or awaiting payment) by contacting Customer Service.
4.2 It is not possible to cancel an order once started the shipping process.
4.3 In the case in which at the time of cancellation of an order, the corresponding payment had already been carried out, you will need to contact Customer Service to proceed to the reimbursement procedure (as described in section times and methods of reimbursement).
5.1 Products offered on the website are only first quality products. The products are purchased directly by the seller at the supplier.
5.2 The Seller does not sell products irregular or of lower quality than the corresponding standard offered on the market.
5.3 The essential characteristics of the products are indicated on the site in correspondence of each detail page of the product. The images and colors of the products offered for sale could however not be corresponding to those of the actual effect of the Internet browser and of the monitor used. It is understood therefore that, without prejudice to the particulars relating to the label, the customer will not be able to advance any exception in respect of the Seller and/or supplier in the case wherein the package of the product delivered does not coincide with the image of the product as given on the Site as color/form/size. The Seller reserves in fact the right to modify at any time the package of the product.
5.4 The Seller sets the maximum attention to the adherence of what has been described and presented on the site with respect to the label on the packaging of products. In any case it is pointed out that, where you encounter differences will always faith the label and the instructions for use of the product supplied by the supplier.
5.5 At the time of delivery by courier of the product purchased, the customer is obligated to check that the number of packages in delivery corresponds to what is indicated in the transport document and that the packaging is intact, not damaged nor wet or otherwise altered, also in sealing materials (tape or metal strapping). At the time of receipt of the products the customer must:
- Make sure that the packaging is intact. Otherwise must not withdraw products and leave them to the courier. If this happens, the customer is obliged to give timely notice to the seller in order to proceed to resend the purchased goods quickly.
- Sign the document of receiving the goods presented by the courier inserting always the words "accepted with reserves". In this way it will be easier and quicker to get any refunds for damage attributable to the transport
- Where the products received are damaged or incomplete, photographing the pack both outside and inside, so that in the event of a request for reimbursement, the Seller may require such material to verify the actual problem.
- Once signed the document of the courier, the customer will not be able to oppose any dispute about the external characteristics of the delivered and the risk of loss or damage to the products you will transfer to all the effects in the head to the customer.
5.6 exceptionally the seller offers a further guarantee to the customer, for which where the Customer fails to what explained in para. 5.5 thus losing the possibility of obtaining redress on shipping carrier for damage of the products, the Seller will however to the reimbursement of the damaged goods, according to the way expressed on this document. The seller uses the right to cancel this extra warranty in every moment they shall record this fact conveniently on the site.
5.7 In the case in which the product would be altered in its essential features the customer may require the replacement of the good, by contacting the Customer Service within five (5) working days starting from the date of receipt of the products and specifying the reason "warranty for non-compliant product". The Seller, verified the respect of the above indicated, sends, through its Customer Service, an e-mail to the customer "opening made" containing the procedure to be followed for the return of products (see procedure made). The Seller will, at its own expense, to withdraw through a courier the defective product, directly to an address indicated by the customer. After receipt of the product the Seller, in unison with the supplier, will evaluate the actual alteration and, in case of positive feedback, will provide a replacement of the goods at their own expense, not later than the term of thirty (30) days from the date of receipt of the return. In the event of negative acknowledgment, the Seller will promptly notify the negative outcome of the procedure to return to the customer to whom will not be sent any replacement product. In any case, the customer may, at their own expense, withdraw the product from the seller within and not later than 30 (thirty) days from the communication of the negative outcome of the procedure.
5.8 Compliance assurance on products will apply correctly if they are completely complied with also the following conditions: a. The e-mail requesting opening of procedure made contains information about order code and return reason; b. returned products are sent to the seller in a single consignment. The Seller, in fact, reserves the right not to accept products for the same order, made and shipped in different moments.
6.1 The Seller will only accept payments with the Euro currency.
6.2 For the payment of the price of the products and of the related costs of shipping and delivery to the customer will be able to use one of the methods indicated in the order form.
6.3 In the case of payment by credit card, the whole procedure of payment will be managed in absolute safety, SETEFI. Consequently, the Seller will never be in possession of any sensitive information (for example, the full number of credit/debit card, or the security code).
6.4 Alternatively you can make your payment via bank transfer in favor of:
Banca Intesa Sanpaolo
The causal must contain the order number communicated from the site in your order confirmation email. The bank transfer must be made within 5 days from dispatch of the order form. After this period the Seller is not able to guarantee the availability of the ordered goods.
7. Shipping and delivery products
7.1 The Seller sends its products in Italy through the carrier SDA or other primary courier firms. The delivery takes place through express shipping, in 3-5 working days (i.e. from Monday to Friday) starting from reception of the order form. For some promotional campaigns delivery times may vary depending on the availability of the articles of the promotion products. In each case the Seller reserves the possibility to deliver the ordered products within a maximum period of 30 days from the confirmation of order.
7.2 The seller undertakes to do everything necessary in order to comply with the delivery times indicated above, but may in no case be responsible for any damage or inconvenience caused by any delay.
7.3 The Country in which the seller sends is Italy and Europe.
7.4 The cost for each shipment, associated with an order, will vary according to the following parameters: at the place of destination and to the total weight of the Products purchased with the individual order and will in any case be explained both in the course of the procedure for the transmission of the order and in the Order Confirmation.
7.5 All costs mentioned above are inclusive of VAT, the extent of applicable law.
7.6 The Customer is prompted to always check the number and the integrity of the packages. In the event of faults or damage, the dispute must be made immediately to the courier, refusing delivery and by signalling timely customer service what happened. Replacement and redelivery charges shall be borne by the Seller.
7.7 Delivery via express shipping is meant to plan road and will be performed, unless otherwise indicated, from Monday to Friday during normal office hours (from 9:00 a.m. to 18:00), excluding local national holidays and only on the national territory.
7.8 Ancillary Services of Delivery - in the face of a contribution that will be quantified in the order form, will be delivered by appointment: The shipping carrier will contact the recipient to the phone number provided by the customer in order phase, to agree on the appointment on the basis of the availability of the recipient and compatibly with the expected delivery time from the service used. The customer is responsible for the correctness/completeness of phone numbers entered in the step of requesting the service: if such data were to be incomplete and/or incorrect, the courier will not be able to contact the recipient to agree on the appointment and, in this case, the consignment will be delivered in the manner and within the timescales envisaged standard from the service used. The appointment will be agreed with the recipient from the day following the date of departure of the goods and the date of the appointment of delivery may be fixed not later than 5 working days. The delivery will be made to the time agreed with the recipient, subject to a tolerance band of an hour in advance and/or delay in respect to the time established.
7.9 In the event of exercise of the right of withdrawal in artt. 52 ff. of the Consumer Code, the cost of services ancillary to the delivery will not be returned to the user, to the senses and for the effects of the provisions of art. 56, II paragraph, the code of consumption, since the additional costs with respect to a less expensive than delivery (so-called standard delivery) offered by the Seller. 7.10 In the case in which the accessory service delivery purchased by the user has not been paid, the cost of this service will be fully repaid to the user.
8. Right of withdrawal
8.1. Within the meaning of Article 52 of the Code of consumption, the Customer is entitled to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, in accordance with the terms and methods indicated in the following Articles.
8.2 To exercise the right of withdrawal, the customer must send to the seller a communication to the Customer Service (Servizioclienti@destinationgusto.it), or fill in the form of recess within 14 days from the date of receipt of the products with respect to which it is exercised the right of withdrawal.
8.3 Once it has reached the said notice of withdrawal, the seller, verified compliance with the terms of avvalimento of the right of withdrawal, sends, through its Customer Service, an e-mail "opening made to the Customer, containing the procedure to be followed for the return of products (see procedure made). The product in the refund must be sent to the Seller within 14 days of the receipt by the communication of "opening made". The products received, the Seller will open a refund procedure (see Reimbursements) if and only if the products will you are sent within the time limits set (for the date as attested by the postmark or the date of delivery to an eventual courier) and if the products are perfectly intact and in their original packaging.
8.4 In the event of cancellation by the customer in accordance with the procedures referred to in the preceding Article, the Seller shall refund the customer all amounts from the latter paid, including those in respect of costs of delivery of the products, where applicable, within the period of 14 days from the receipt of the notification of withdrawal sent by the Customer. The shipping costs related to the refund of the product are to be borne by the Seller. The shipment until the certificate of receipt in the warehouse designated by the seller is under the full responsibility of the customer. On his arrival at the address indicated by the seller, the product will be examined to assess any damage or tampering that arise from the carriage. If the packaging and/or the original packaging are damaged, the Seller will retain the reimbursement due to a percentage equal to respective loss of value of the product.
8.5 In view of the characteristics of the products sold by Seller, the right of withdrawal shall apply exclusively to the purchased product in its entirety, it is not allowed to exercise withdrawal only on one or more parts of the product purchased. In the case of orders including multiple products, it will be possible to exercise the withdrawal relative to one or more of the products of the Order, specifying the description of the products that you intend to return in the notification of withdrawal. In these cases, the reimbursement will be made according to the procedures indicated in the previous article.
8.6 independently from the correspondence between the recipient of the products indicated in the order form and the person who has carried out the payment of sums due to their purchase, the repayment of sums will always be run by the Seller in favor of those who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which it was made the bank transfer used for the purchase). The Seller, also in conformity with the Code of Consumption, reserves the right to withhold the reimbursement until it has received the products in the refund or until the customer has not proved that he proceeded to send back the Products.
8.7 The right of withdrawal is exercised properly if they are completely complied with also the following conditions:
- the e-mail requesting avvalimento of the right of withdrawal contains the order code;
- products related to the order for which is exercised the right of withdrawal, are sent to the seller in a single shipment.
The Seller, in fact, reserves the right not to accept products for the same order, made and shipped in different moments.
8.8 It should be noted that, pursuant to art. 59 of the code of consumption (exceptions to the right of withdrawal), this right does not apply to:
- order of packaged Products on or clearly personalized;
- order of products which are liable to deteriorate or expire rapidly;
- order sealed products that do not lend themselves to be returned for reasons of hygiene or related to the protection of health or that were opened after the delivery.
9.1 The procedure made it is only open in response to a request by the customer to exercise the right of withdrawal or following a request to return a product not correct (defective, damaged, etc.). In any case, downstream of the request by the customer, the Seller will verify the existence of the necessary conditions for the opening of a process to return.
9.2 As a result of the opening of a procedure of return, the Seller will send the customer an e-mail containing a description of the arrangements for the refund of the product.
9.3 In case of return for "right of withdrawal", the Seller will provide at its own expense to withdraw through a courier service the product to a specially address indicated by the customer only for shipping with departure in Italy. The customer will have to make yourself available to pass the courier on a working day at the address he indicated.
9.4 In case of return for "guarantee on the product does not conform", the Seller will provide at its own expense to withdraw through a courier service the product to a specially address indicated by the customer only for expeditions with departure in Italy. The customer will have to make yourself available to pass the courier on a working day at the address he indicated.
9.5 The pack made must contain a copy of the order confirmation sent to the email address indicated by the customer or of the waybill present on the stack at the time of reception. Will not be withdrawn in no event packages in mark nor in port assigned.
10. Reimbursement time and procedures
10.1 a repayment procedure may refer to two different types of situations:
- refund of the total amount on an order for which has been exercised the right of withdrawal;
- partial reimbursement related to an order for which occurred the unavailability of one or more products.
10.2 whatever the form of payment used by the customer and except as indicated in the field of withdrawal in article 8 that precedes the reimbursement is activated by the seller in the shortest time possible and in any event within fourteen (14) days from the receipt of the release notice using wherever possible the same payment channel with which you made the order.
10.3 independently from the correspondence between the recipient of the products indicated in the order form and the person who has carried out the payment of sums due to their purchase, the repayment of sums will always be run by the Seller in favor of those who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which it was made the bank transfer used for the purchase).
11. Customer Service
1.1 The Customer may request any additional information to the seller by contacting Customer Service by phone or via e-mail using the appropriate form available on the Contacts area of the site. For more clarification you can refer to the Customer Service area on the site.
12.1 The privacy information are contained in the information on the processing of personal data that is an integral part of these Conditions of sale.
12.2 For any other information about our policy privacy management, you can send a specific request to the following email address: Privacy@destinationgusto.it
13. Applicable law and disputes
13.1 These Conditions of Sale are governed by Italian law and in particular by the code of consumption, with specific reference to the legislation on distance contracts and by the Legislative Decree of 9 April 2003 n. 70 on certain aspects relating to electronic commerce.
13. Changes and update
13.1 These Conditions of Sale are modified from time to time also taking into account any changes in law. The new General Conditions of Sale will be effective from the date of publication of the same on the site. For any dispute arising in relation to the present terms of sale and to supplies and orders, respectively, made and forwarded under the same, for the case in which the customer is a consumer will have jurisdiction within the meaning of Article 66-bis of the Code of consumption, the courts of the place of residence or domicile of the Cliente-Consumatore, if located in the Italian territory. The following conditions shall be addressed to all users who access, use and/or that you register on the website, in ownership of Intesa Sanpaolo, with registered office in Piazza San Carlo 156-10121 Turin, Tax Code, VAT and registration in the Register of Companies of Turin n. 007999960158 and managed, at each operating effect, from B2X S.r.l., as hereinafter identified.
Access to and use of the website as well as the purchase of products assume reading, understanding and acceptance of these General Conditions of use.
Products purchased on the site are sold directly by B2X S.r.l. ("B2X"), with registered office in Italy, Rome, Via Tiburtina 1236, 00131, Iscr. Imp., C.F. and P.IVA n. 11020591001, Chap. Soc. Euro 50,000 fully paid.
If you need assistance please visit the Support area. You can find information about orders and shipments, repayments and return of products purchased on the website, to the registration form to the website, to suggestions and other general information on the services provided by the site.
For any other legal information, please see the sections conditions of use, Privacy Area of the site.
2.3 In the event of an IT, manual, technical or other error that may result in a substantial change, not foreseen by the Vendor, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase of the order will be considered not valid and canceled and the amount paid by the customer will be refunded within 14 days from the day of cancellation, upon notice to the customer. 2.4 The seller reserves the right to verify and evaluate the correctness and good faith of the customer, in particular in the case of use of promotions or discount coupons. In the event that the customer's behavior turns out to be illegal and incorrect, the seller will promptly inform and proceed with the cancellation of the purchase order.