Clauses / General conditions of the contract of sale of goods / services sold online
Offer to the public pursuant to art. 1336 C.C.
The goods / services covered by these general terms / conditions of sale (CGV) are offered for sale by the company GMEDIA GROUP SRL unipersonale, with headquarters in Pistoia (PT), via Silvestro Lega N.29, CAP 51100; registered at the Chamber of Commerce of Pistoia under the number PT – 180384 of the Business Register; C. F. and VAT number no. 01799810476, hereinafter referred to as "Supplier", certified e-mail address (PEC): gmediagroup (@) pec.it; e-mail: info (@) gmediagroup.eu.
1.1. The term "e-commerce contract" refers to the contract for goods and services stipulated between the Supplier (or manager of the e-commerce site) and a customer or consumer in the context of a sales system or provision of remote services (therefore, without the simultaneous presence of the parties involved), organized by the Supplier, which for this contract exclusively uses one or more telematic communication techniques;
1.2. The term "Buyer" means the customer (VAT payer) or consumer, natural person or legal person, who makes the purchase for purposes not related or referable to any commercial or professional activity performed.
1.3 The term "Supplier (or manager of the e-commerce site)" means the person indicated in the inscription who sells the goods or provides the services.
2. Object of the Contract
2.1. With this e-commerce contract, the Supplier sells and the Purchaser acquires remotely, through telematic tools, material movable goods or services that are reported and offered on the site www.higift.eu . (also accessible from the website www.gmediagroup.eu Hi Gift sector - "access the site").
2.2. The aforementioned goods / services mentioned above are subdivided into the various product categories, depicted and made visible on the site, accurately and corresponding to the characteristics actually possessed. However the Supplier is not able to guarantee the exact correspondence to reality in relation to the images and colors as they appear on the customer's monitor. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
3. The various technical phases to be followed for the conclusion of the contract
3.1. The contract between the Supplier and the Buyer ends exclusively through the Internet. The Buyer once logged into the address www.higift.eu (also accessible from the site www.gmediagroup.eu in the HiGift sector - “access the site”), must follow the procedures indicated on the site itself to order to formalize its acceptance for the purchase of the goods / services referred to in article 2 above.
3.2. Every order placed on www.higift.eu implies the conclusion of a contract of sale in Italian.
3.3. The Buyer has the possibility to buy one or more products / services, selecting them one at a time and adding them to the cart, after indicating the desired quantity and any printing to customize the item. By clicking on the "Buy" button, the customer displays the order summary and selects the payment method. By clicking on the "Send Order" button, the customer places a binding order relating to the objects / services contained in the virtual cart.
3.4. In customizations, the Buyer guarantees the Supplier to be the legitimate owner of the industrial and / or intellectual property that corresponds to the marking of the product and / or guarantees to be authorized to order the marking. The Buyer irrevocably undertakes to indemnify the Supplier for any cost, including the legal fees that may be requested by third parties following the violation of the industrial and / or intellectual property of the personalization carried out at the request of the Buyer.
3.5. Once the order has been sent, the Supplier will automatically send the customer an order confirmation e-mail. The sales contract is considered concluded between the Supplier and the Buyer when the latter receives confirmation of the order. The order "sent" can no longer be modified by the Buyer, except for the right of withdrawal to the terms and conditions set forth in the following art. 13.
3.6. Orders will be shipped as soon as the Supplier receives the total payment of the purchase price and any shipping costs or any printing and printing costs. The Supplier therefore invites the Purchaser who has opted for the Advance Bank Transfer to pay the price as soon as the order confirmation is received by sending the relevant account to the indicated e-mail address and in any case within the following 7 days, in addition to which the order will be canceled.
3.7. Once the payment of the good / service has been received, the Supplier will proceed with the shipment of the goods, the automatic sending to the customer of an e-mail confirming shipment and will issue a relative fiscal document pursuant to Presidential Decree no. 633/1972, since the Purchaser provided during registration the data relating to his tax code or VAT number.
3.8. The present contract is not considered completed, therefore, ineffective if what reported in the previous points is missing.
4. Methods of payment and reimbursement
4.1. Any payment for the goods / services purchased by the Buyer can only be made through one of the payment methods indicated on the Supplier's website and chosen by the Buyer during the order confirmation. The use of the payment methods indicated does not entail any additional burden for the Buyer.
4.2. Any refund to the Buyer will be made in one of the ways proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by clause 13, point 6 and following of this contract, no later than 14 days from the day on which the Supplier became aware of the withdrawal. The Supplier may withhold the reimbursement until receipt of the item or until the Buyer has provided proof of having returned it, depending on which situation occurs first.
4.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
5. Delivery times and methods
5.1. The Supplier will deliver the selected and ordered products (movable goods), without unjustified delay, in the manner chosen by the Purchaser or indicated on the website at the time the goods are offered. In the offer phase, delivery times will be indicated for both the neutral product and the customized product with respect to the order date.
5.2.In the event that the Supplier is unable to ship within the deadline referred to in point 5.1. it will be promptly notified by e-mail to the Buyer or by telephone if such credentials have been provided at the time of order.
6.1. All sales prices of the products displayed and indicated on the website are expressed in Euro and constitute an offer to the public pursuant to art. 1336 C.C.
6.2. The sales prices, referred to in the previous point, are excluded from VAT and any other tax that is in any case displayed during the order confirmation. Shipping costs and any additional charges (for example: customs clearance), if present, even if not included in the purchase price, will be indicated and calculated by the Supplier in the purchase procedure before the order is forwarded by the Buyer and also contained in the web page of the order summary.
6.3. The customer is required to pay the price published on the product page at the time the order is sent. The price indicated is final and inclusive of VAT.
6.4. Shipping costs amount to Euro 15.00 (excluding VAT) for all orders with a value of less than Euro 250.00; These shipping costs are billed by GMEDIA GROUP SRL unipersonale. In the event that the Buyer returns the products in accordance with the procedure provided by these conditions and the applicable legislation, the shipping costs will be reimbursed.
6.5. For orders over € 250.00, shipping costs are the responsibility of the Supplier.
7. Use of promotional vouchers - coupons
7.1 Promotional vouchers / Coupons cannot be purchased, they are offered by the Supplier as part of promotional campaigns and can be used for a limited period of validity.
7.2 The promotional vouchers can be used only once in relation to a single order, within the specified validity period. It is possible that for the purchase of some products the possibility of using promotional vouchers is excluded. It is possible that the use of a promotional voucher is subject to a minimum amount of expenditure.
7.3 The value of the products purchased must be equal to or greater than the value of the promotional voucher. If the amount of the promotional voucher is not sufficient to cover the value of the products ordered, the difference can be paid through any of the accepted payment methods referred to in Article 4 above. Promotional vouchers are non-refundable in cash and do not bear interest on the credit represented by them. Promotional vouchers will not be refunded if the Buyer decides to partially or completely return the ordered products.
7.4 Promotional vouchers can only be used if the order is finalized, cannot be used retroactively and cannot be transferred to third parties. Unless otherwise provided by the Supplier, it is not possible to combine several promotional vouchers for the same order.
7.5 If during the order the customer had used a promotional voucher and if the total value of the order - due to the customer's withdrawal - should be less than the value of the promotional voucher, the Supplier reserves the right to invoice the original price of the goods remaining in the customer's possession.
8. Product availability
8.1 The Supplier ensures through the electronic system used the processing and processing of orders without delay. To this end, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail or other means, will inform the Buyer if the property is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending an e-mail confirmation to the user, pursuant to point 3.5.
9. Limitations of liability
9.1. The Supplier assumes no responsibility for disruptions caused by force majeure, if he fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3. The Supplier will also not be responsible for damages, losses and costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him, as the Purchaser is only entitled to a full refund of the price paid and any additional charges incurred .
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the products purchased, if it demonstrates that it has taken all precautions possible based on the best science and experience of the moment and based on ordinary diligence.
9.5. In no case shall the Buyer be held responsible for delays or inconveniences in the payment if he proves that he made the payment in the time and manner indicated by the Supplier.
10. Liability for defects, proof of damage and reparable damages: the obligations of the Supplier
10.1. The Supplier is responsible, pursuant to articles 114 et seq. of the Consumer Code, of the damage caused by defects in the goods sold if they fail to communicate to the injured party, within three months of the request, the identity and domicile of the producer or of the person who supplied them with the good.
10.2. The claim of damage, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase. Furthermore, it must contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of the scientific and technical consequences, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party has been aware of the defect in the product and of the danger that results from it and nevertheless has voluntarily exposed it.
10.5. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
11. Warranty for product defects and discrepancies
For purchases made on www.higift.eu , the rules of the Consumer Code are applied in terms of guarantee for product defects and discrepancies. The customer will therefore be granted the rights referred to in art. 130 of the Consumer Code and these rights must be exercised under the terms of art. 132 of the same Consumer Code.
12. Purchaser's Obligations
12.1. The Buyer undertakes to pay the price of the purchased good within the time and manner indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure is completed, to print and keep this contract if deemed necessary.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before the purchase confirmation.
13. Right of withdrawal
13.1 The Purchaser has in any case the right to withdraw from the contract, without any penalty and without specifying the reason, within the period of 14 calendar days, starting from the day of receipt of the purchased good.
13.2. If the Purchaser decides to exercise the right of withdrawal, he must notify the Supplier by registered letter with return receipt to the single-person GMEDIA GROUP SRL, with headquarters in Pistoia (PT), via Silvestro Lega N.29, CAP 51100 or by e-mail to the following address (PEC): gmediagroup (@) pec.it. For the purposes of exercising the right of withdrawal the sending of the communication may validly be replaced by the return of the purchased good, provided it is in the same terms. The date of delivery to the post office or to the forwarder will prevail between the parties.
13.3. The return of the goods by the Buyer must take place, without undue delay and, in any case, within 14 days from the date of the communication to the Supplier of the withdrawal. If the returned items show damage or signs of wear resulting from manipulation that is not necessary to establish the nature, characteristics and functioning of the same, the Supplier may withhold an amount corresponding to their decrease in value from the refund.
13.4. The Buyer cannot exercise this right of withdrawal for the purchase contracts of goods made to measure or clearly personalized and in any other case provided for by art. 59 of the Consumer Code.
13.5. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
13.6. The Supplier will reimburse the price of the item for which the withdrawal was exercised within 14 days of receipt of the withdrawal notice by the Purchaser. The Supplier may withhold the reimbursement until receipt of the item or until the Buyer has provided proof of having returned it, depending on which situation occurs first.
13.7. With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
13.8. Without prejudice to the possibility for the Buyer to exercise the right of withdrawal by communicating to the Supplier with any explicit declaration of its decision to withdraw from the contract, the Supplier suggests using the following standard text:
With the present I / we (*) I notify the withdrawal from my / * our contract concluded for the purchase of the following goods / services (*) - ordered the (*) / received the (*) - name of the Buyer (*) - Buyer's address (*) - date
(*) Cancel the useless wording and send to the Supplier by registered letter with return receipt to the single-person address GMEDIA GROUP SRL, based in Pistoia (PT), via Silvestro Lega N.29, CAP 51100 or by e-mail to the following address (PEC): gmediagroup (@) pec.it
14. Resolution causes
14.1 The obligations referred to in point 12, assumed by the Purchaser, as well as the guarantee of successful payment that the Buyer makes with the means referred to in Article 4, and also the exact fulfillment of the obligations assumed by the Supplier at point 10, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will entail the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for judicial ruling.
15. Processing of the Buyer's personal data
15.1 In compliance with the provisions of the European Regulation 2016/679 (hereinafter GDPR) and the provisions of Legislative Decree n. 196/2003 (as amended / supplemented by Legislative Decree 10 August 2018, n.101), the Supplier wishes to inform the customer that the personal data provided by the latter or acquired by the Supplier as part of its business, necessary for to execute the services offered to the client, will be treated in compliance with the legislation on privacy and the principles of correctness, lawfulness, transparency and protection of the client's privacy and rights. The Supplier also sends the following information to the customer:
DATA PROCESSING is the Supplier, company / company GMEDIA GROUP SRL unipersonale, with registered office in Pistoia (PT), via Silvestro Lega N.29, Tel. (+39) 0573 1780174, e-mail PEC gmediagroup (@) pec.it.
15.2. The computer systems and software used to operate the Supplier's website acquire some personal data that are implicit consequence of the use of information protocols on the Internet (for example, domain names and IP addresses). These data are not accompanied by additional personal information and are used to obtain anonymous statistical information on the use of the site, to check how it is used and to ascertain any responsibility in the event of computer crimes. The legal basis that legitimates the processing of such data is the need to make the functionalities of the company website usable as a result of the User's access;
- The data provided voluntarily by the User are instead those necessary for the Owner to provide the services available and are treated in a lawful and correct manner, they are also collected and recorded for the specific, explicit and legitimate purposes indicated below and are used in transactions of treatment that are not incompatible with these purposes;
- Personal data (personal identification data such as, for example: name and surname, company name, fiscal code and VAT number, address, telephone / fax, e-mail, bank and payment references) are collected and processed:
a) to carry out customer relationship activities based on pre-contractual and contractual agreements;
b) for internal administrative, fiscal or accounting purposes related to the customer-supplier relationship and to fulfill the obligations generally imposed on the Data Controller by laws or regulations, by EU legislation, by judicial authority requests or to exercise the rights of Owner (for example the right of defense in court);
c) in the presence of a specific and separate client consent, for the following marketing purposes: sending (via e-mail, post, SMS or telephone contact) newsletters, updates on the owner's activities, advertising material or commercial communications - possibly also personalized on basis of the customer's consumption habits (profiling) - on products or services offered by the Owner that the customer may deem to be of interest to him and to detect the degree of satisfaction with the quality of the services, including requests for participation in analysis or market research;
d) in the presence of a specific and distinct client consent, for the following marketing purposes: to send (via e-mail, post, SMS or telephone contact) newsletters, updates, advertising material or commercial communications - possibly also personalized based on the habits of User consumption (profiling) - on products or services offered by third parties.
e) in the case of sending a curriculum vitae, exclusively for the purpose of personnel selection and for the establishment of an employment relationship.
- The legal basis that legitimates the processing of the data referred to in points "a" (pre-contractual and contractual agreements) and "b" (administrative, accounting or tax purposes) is the execution of a service supply contract of which the customer is part, or the performance of pre-contractual activity at the customer's request.
- In the cases expressly indicated in points "c" (marketing and profiling), "d" (marketing and profiling by third parties) and "e" (curriculum vitae) the legal basis is the consent freely given by the client.
- Pursuant to articles 9 and 10 of the GDPR the customer can give the Owner data classified as "special categories of personal data" (ie those data that reveal "racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership ... genetic data, biometric data intended to uniquely identify a natural person, data relating to health or sexual life or sexual orientation of the person "). These categories of data may be processed by the Data Controller only with the prior consent of the customer, expressed in writing by signing this information, for contractual requirements and related fulfillment of legal and fiscal obligations and for personnel selection needs.
15.3. The processing of the customer's personal data is carried out by means of the operations of: collection, registration, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data. The customer's personal data are collected following direct submission to the Data Controller, by filling in Forms or generally forms prepared for this purpose, also inserted in contractual documents, or collected by telephone by the operator in the context of pre-contractual activities. The data is processed both by manual processing in paper format and by electronic or automated, computerized and telematic tools. The data collected is recorded and stored by the Data Controller in computer and paper archives, as well as kept and checked in such a way as to minimize the risk of destruction or even accidental loss, unauthorized access and unauthorized processing or processing that does not comply with the purposes of the collection. The data is processed by employees or collaborators of the Data Controller, duly instructed to do so.
15.4. The provision of personal data relating to the processing is optional. However, failure to provide the data in whole or in part may result in the partial or total inability to establish or continue the relationship with the customer, to the extent that such data is necessary for the execution of the same.
The provision of data for marketing purposes is also optional. The customer can therefore decide not to give any data or subsequently deny the possibility of processing data already provided: in this case, he will not be able to receive newsletters, commercial communications and advertising material in general concerning the services offered by the Data Controller.
15.5. The processing of customer data is carried out by internal staff of the Data Controller (employees, contractors, System Administrators), identified and authorized for processing in accordance with instructions given in compliance with current legislation on privacy and data security. If this is necessary for the purposes listed in Article 15.2., The client's personal data may be processed by third parties appointed as Data Processors (pursuant to Article 28 of the GDPR). or "Autonomous" holders, namely:
by professionals, companies, associations or professional firms that provide assistance to the Data Controller for administrative, accounting, tax purposes;
by all Public Institutions established by law and more generally by all the Bodies provided for by the current accounting and tax legislation as recipients of mandatory communications;
from banks for the collection and the payments as well as from eventual professionals, for the management of the payments through credit cards or electronic payment instruments in general, postal couriers and for the possible recovery of credits: The updated list of the managers and the Appointees at processing is kept at the registered office of the Data Controller. In any case, the customer's personal data are not subject to disclosure.
15.6. As part of the management of the contractual relationship, no transfer of the Customer's data to non-EU third countries or to international organizations is envisaged.
15.7. For the purposes referred to in letters "a" (pre-contractual and contractual agreements) and "b" (administrative, accounting or fiscal compliance management) of article 15.2 the customer's personal data will be processed and stored by the Data Controller for the entire duration of the contractual relationship between the customer and the Owner and, at the end of the same for any reason, will be kept for the foreseen time - for each category of data - by the current accounting, tax, civil and procedural law. For the purposes referred to in the letters "c" (marketing and profiling) and "d" (marketing and profiling by third parties) the customer's personal data will be processed and stored by the Data Controller until the client's consent is revoked or until the exercise by the customer of the right to object to the processing or the right to cancel personal data. For the purposes referred to in the letters "e" (curriculum vitae) the customer's personal data may be processed and stored by the Data Controller for a maximum period of 12 months from the date of receipt.
15.8. As an interested party and in relation to the treatments described in this Notice, the customer has the rights set forth in articles 7, 15 to 21 and 77 of the GDPR. and, in particular, the:
- right of access - article 15 GDPR: right to obtain confirmation that a processing of personal data concerning the Client is in progress and, in this case, to gain access to such personal data, including a copy of the same;
- right of rectification - article 16 GDPR: right to obtain, without unjustified delay, the rectification of inaccurate personal data concerning the Customer and / or the integration of incomplete personal data;
- right to cancellation (right to oblivion) - article 17 GDPR: the right to obtain, without unjustified delay, the deletion of personal data concerning the Customer;
- right to limitation of treatment - article 18 GDPR: the right to obtain the limitation of the processing, when: the interested party disputes the accuracy of the personal data, for the period necessary for the Owner to verify the accuracy of such data; the processing is unlawful and the interested party objects to the deletion of personal data and instead requests that its use be limited; personal data are necessary for the interested party to ascertain, exercise or defend a right in court; the Data Subject has opposed the processing pursuant to art. 21 GDPR, in the waiting period for the verification regarding the possible prevalence of legitimate reasons of the Data Controller with respect to those of the Interested Party;
- right to data portability - article 20 GDPR: the right to receive, in a structured format, commonly used and readable by an automatic device, the personal data concerning the Customer provided to the Owner and the right to transmit them to another Owner without impediment , if the treatment is based on consent and is carried out by automated means. Furthermore, the right to obtain that the personal data of the Customer are transmitted directly to another Owner if this is technically feasible;
- right of objection - article 21 GDPR: the right to object, at any time for reasons connected to his particular situation, to the processing of personal data concerning the User based on the lawfulness of legitimate interest or execution of a task of interest public or the exercise of public authority, including profiling, unless there are legitimate reasons for the Data Controller to continue processing that prevails over the interests, rights and freedoms of the Data Subject or for the assessment, exercise or defense of a right in court. In addition, the right to object to processing at any time if personal data is processed for direct marketing purposes, including profiling, to the extent that it is connected to such direct marketing;
- right of revocation - article 7 GDPR: the Customer has the right to withdraw his consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to revocation;
- right to complain - article 77 GDPR: the Customer has the right to lodge a complaint with the Italian Data Protection Authority, Piazza Venezia 11, 00187, Rome (RM).
15.9. The customer may at any time exercise their rights by sending a registered letter with acknowledgment of receipt to the single-member address GMEDIA GROUP SRL, based in Pistoia (PT), via Silvestro Lega N.29, CAP 51100 or by e-mail to the following address ( PEC): gmediagroup (@) pec.it.
The exercise of rights by the Customer is free under Article 12 GDPR. However, in the case of manifestly unfounded or excessive requests, also due to their repetitiveness, the Owner could charge the Customer a reasonable fee, in light of the administrative costs incurred to manage his request, or deny the satisfaction of his request.
16. Method of filing the contract
16.1. The Supplier informs the Purchaser that this contract can be printed or stored on devices owned by the Buyer.
16.2. According to the art. 12 of Legislative Decree 70/2003 the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the Supplier's headquarters, according to criteria of confidentiality and security.
17. Communications and complaints
17.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: GMEDIA GROUP SRL unipersonale, with registered office in Pistoia (PT), via Silvestro Lega N.29, CAP 51100 or by e-mail to the following address ( PEC): gmediagroup (@) pec.it.
18. Settlement of disputes
18.1 All disputes arising from this contract will be devolved to a conciliation attempt at the mediation body of the Chamber of Commerce of Pistoia and resolved according to the conciliation regulation adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent Court is that of Pistoia.
19. Available languages
19.1. the languages available on the website www.gmediagroup.it - "HiGift sector" or directly at www.higift.eu are Italian and English.
20. Applicable law and postponement
This contract is governed by Italian law (and in particular by the Consumer Code - which in articles 46 to 67 governs distance contracts - and by Legislative Decree 70 of 09/04/2003 concerning electronic commerce) and the light of this must be interpreted.