These General Conditions of Contract govern the online sale of products offered by the site www.gennarisrl.com.
Gennari S.r.l., by Gennari Samuele, with legal and operational headquarters in Via degli Ulivi, 6 – S.S. Flaminia, Km 132 06049 Spoleto (PG), Italy, tel. 0743 277342, mobile 344 1044214, is dealer and installer of the best brands in the sector: bar, ice cream, pastry, company, bakery and catering.
The real added value it provides to its customers is the qualified technical assistance service (to date, even with a system traced and certified for assistance).
Art. 1 Conclusion of the contract
1.1 The orders are to be considered subordinated to the acceptance by the company Gennari S.r.l., The correct receipt of the order is confirmed by the company Gennari S.r.l by an email response sent to the email address supplied by the customer. This confirmation message shows the order number, order date, billing data and recipient of the goods, details and prices VAT included of the goods ordered, transport service and additional services, payment methods, Gennari Srl data, notes and warnings to the customer. Once received the order from the customer and verified the payment, Gennari S.r.l. proceed to start the phases related to the production / shipment of the goods.
1.2 The offer of the products presented on the site is subject to their actual availability. In case of unavailability of one or more products, Gennari S.r.l. will communicate to the customer by telephone or by e-mail, the changes with respect to the order received.
1.3 All prices of the items offered by the site www.gennarisrl.com are understood as excluding VAT, expressed in euros and refer exclusively to purchases made via the Internet, net of transportation, assembly and installation costs. La Gennari S.r.l. reserves the right to change the prices displayed at any time, excluding the orders already accepted by the parties that will not be subject to price changes.
1.4 The customer declares to have been informed that the technical data sheets and the images relating to the products may not correspond exactly to the real characteristics of each single product and may differ in color, size, accessory products, packaging and technical characteristics, and therefore must be considered merely indicative.
1.5 La Gennari Srl, assumes no responsibility for any errors, inaccuracies in the content of this catalog or changes by manufacturers and reserves the right to make changes to its products, at any time and without notice, deemed appropriate for any need technical or commercial character.
Art. 2 Acceptance of the General Conditions of Sale
2.1 The customer, with the electronic submission of his purchase order, unconditionally accepts and is obliged to observe in his reports. Gennari S.r.l., with these General Conditions, declares to have read and accept all the information provided to him, also acknowledging that the seller does not consider itself bound by different conditions unless otherwise agreed in writing.
2.2 The General Conditions of sale concerning the customer qualifying “Consumer”, will apply only to the natural person who, pursuant to art. 3 of the D. lgs. n. 206 of 8/10/2005 SS MM, “acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out”. In particular, the art. 5 (two-year duration of the guarantee) and 6 (withdrawal) will be applied only and exclusively if the customer qualifies as a consumer.
2.3 The customer declares to have examined the General Conditions of Sale before submitting his purchase order and commits himself and obliges, once the online purchase procedure is concluded, to print or save an electronic copy and, in any case, keep these Conditions , already viewed and accepted, pursuant to and for the purposes of Articles. 3 and 4 d. lgs. 185/99 and of the d. lgs. 206/2005.
Art. 3 Payment
3.1 The customer can make the payment by choosing between the following methods:
- Advance payment by bank transfer to Gennari S.r.l. at Banca Cariparma and Piacenza Ag. Spoleto (PG), IBAN: IT47W0623021800000056657921, BIC: CRPPIT2P536, executed within 24 hours from the order confirmation and advanced by email to firstname.lastname@example.org, including taxes and transport costs.
- Payment via PayPal.
- Payment by credit card.
Art. 4 Delivery
4.1 Delivery costs from mainland Italy amount to € 20 for orders weighing less than 50 kg, € 25 for orders weighing between 51 and 100 kg, € 60 for orders weighing more than 101 kg. For major and minor islands or for foreign shipments delivery costs will be agreed with our commercial service, only after acceptance of these the order will be considered effective.
4.2 The delivery is intended to be carried out at the address of the consignee or in the different place indicated in the transport documents (d.d.t.), but in any case at the street level. For the unloading and deliveries carried out in ways that make exceptional and accessory services indispensable, the customer will pay a fee to cover the greater costs incurred (for example: deliveries to the floors, both upper and lower, in a Limited Traffic Zone or pedestrian zone, disadvantaged localities, minor islands or all other causes that characterize inconvenient delivery and any other case of excessive use of operational time). The service is to be requested when ordering.
4.3 The goods will be delivered between 3 and 30 working days. After confirmation of payment, the approximate date of delivery will be communicated, without prejudice to the lack of responsibility of Gennari S.r.l. for the hypothesis of delay / failure to deliver by chance or force majeure (by way of example, accidents, explosions, fires, strikes, and / or lockouts, earthquakes, floods, heavy snowfalls and similar events) or for reasons attributable to the carrier.
4.4 The courier makes the delivery without notice and in any case, normally, in the morning following the day of dispatch. Gennari S.r.l. is not responsible for any delivery delays or additional charges to be paid by the customer in the event that an incomplete or incorrect address is provided. The goods travel with a regular transport document, it is intended to be delivered to the place indicated by the customer at the time of order confirmation, unless otherwise indicated.
4.5 For shipments abroad, conditions and procedures must be defined with Gennari S.r.l.
4.6 The ordered goods are covered by an insurance guarantee for the entire shipment phase. It is the responsibility of the customer to verify, upon receipt of the goods, the number of packages and the integrity of the product. In the event that the goods at the time of verification with the carrier is damaged or not complete, the customer has the right to refuse the receipt of the product and / or to indicate in the appropriate section of the courier form, the “specific reserve” describing the damage and communicating it within 1 working day to Gennari Srl by email to email@example.com, possibly sending photos. Failure to promptly contest will not be accepted disputes concerning the non-integrity of the products delivered.
Art. 5 Warranty
5.1 The products purchased by the non-consumer customer (that is, in the case of purchase in the context of his business or professional activity) are covered by a 12-month manufacturer’s conventional warranty for defects in conformity and / or malfunctioning, not found at the time of purchase.
5.2 The products purchased by the consumer customer (that is, in the case of purchase for purposes not related to their business or professional activity carried out) are covered by a 2-year legal guarantee for defects in conformity and / or malfunctioning, not found at the time of purchase.
5.3 In case of lack of conformity Gennari S.r.l. will, at no cost to the customer, send the parts necessary to restore the conformity of the product. The labor costs necessary for the restoration of the product will remain the responsibility of the final customer who will have to rely on his own trusted local technicians. The customer is required to check the goods and their operation within 5 days of delivery. Any defects already present at the delivery of the material must be communicated to Gennari S.r.l. within 5 days of receipt of the same by email to firstname.lastname@example.org, indicating the item code, details and photographs of the defect found.
5.4 In the event that Gennari S.r.l. if it were not able to provide the customer with a product under warranty (restoration or replacement), the same may proceed to its replacement with a consensual product of similar characteristics or higher than the one disputed or to return the amount paid taking into account the use of good. In case of warranty replacement, the customer is required to send the defective product to the customer’s operating office at his own expense, transmitting it to Gennari S.r.l.
The goods under warranty must be returned by the customer in the original packaging properly sealed, complete in all its parts. The customer is required to keep the original packaging and all additional documentation of the products purchased until the expiry of the warranty terms of the product.
5.5 No damage can be asked to Gennari S.r.l for any delays in carrying out repairs or replacements. If the deficiency reported does not result in a lack of conformity pursuant to art. 129 d. Decree 206/2005, the customer will be charged the costs of verification, restoration and transport, if incurred by Gennari S.r.l.
5.6 Gennari S.r.l assumes no responsibility in case of incorrect installation or improper use of the products.
The direct or indirect damages caused by errors or discrepancies in the installation or incorrect use of the machine, damage from hard or ferruginous waters, by negligence or inability of the user, by uneven tensions in the power lines, by insufficient pressure or impurities are not guaranteed. in water or gas systems, from the malfunctioning of the suction systems, or due to unforeseeable circumstances or force majeure or intervention by an unauthorized third party.
The warranty does not cover components subject to wear, such as, for example, gaskets, lamps, glasses, knobs.
Art. 6 Right of withdrawal of the Customer Consumer
6.1 The consumer customer has the right to withdraw from the contract without any penalty and without specifying the reason within the term of 14 (fourteen) days from receipt of the goods by registered mail to be sent to the headquarters at Gennari Srl, Via degli Ulivi, 6 – SS Flaminia, Km 132 06049 Spoleto (PG), Italy, declaring to want to avail of the right of withdrawal and indicating the order number, the invoice number, code and quantity of the items, if the withdrawal is partial (only in case of purchase more articles) or total and the bank details to obtain the bank transfer (Iban code of the invoice).
6.2 Gennari S.r.l will refund the price within the maximum period of 14 (fourteen) days from the day of receipt of the consumer’s communication. In any case, Gennari S.r.l. will be entitled to withhold the reimbursement until the date of receipt of the goods or demonstration by the consumer to have them returned.
6.3 The direct costs for returning the goods are charged to the consumer. The shipment for the return of the material, until the confirmation of receipt in our warehouse, is under the complete responsibility of the customer. Gennari S.r.l. not responsible in any way for damage or theft / loss of goods returned by shipments not insured by the customer.
6.4 The right of withdrawal is excluded in the following cases:
- lack of the original packaging;
absence of integral elements of the product (eg manuals, accessories and generally different conditions in which they were delivered);
- damage to the product (eg products that are not substantially intact, used or exhibited, deformities, deterioration, signs of wear and / or alterations of any kind);
- purchase of customized products according to the information requested by the customer;
6.5 The non-consumer customer has NO right of withdrawal.
Art. 7 Applicable law and competent court
7.1 This contract is governed by Italian law.
7.2 Except in the case of a contract concluded with a consumer, for all disputes arising from the application or interpretation of this contract, the Court of Spoleto will be exclusively competent.
7.3 The European Commission has set up an online platform that provides a tool for resolving non-judicial disputes relating to and / or deriving from contracts for the sale of goods and services stipulated on the network. As a consequence, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract with the owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).