1. General provisions.
These general conditions of sale (subsequently the "General Conditions") apply to all sales of products purchased via the internet site http://www.gensan.com (subsequently the "Site").
The use of the mail order service described in these conditions of sale is reserved for consumers ("Clients"), meaning physical persons acting for purposes other than their commercial, business or professional activity.
Before making an order the Client is required to read these General Conditions carefully, which are made available on the Site such that they can be saved and reproduced pursuant to Art. 12 of Legislative decree 70/2003.
The language available for concluding the contract is Italian.
Contracts concluded with Gensan Srl (as defined below) are regulated by the law of Italy.
2. Identification of vendor
The vendor of the products is Gensan Srl with address in Pisa, at Via Meucci 36, loc. Ospedaletto, tax ID and VAT no: 01312580507 Pisa Co. Reg. no: 01312580507, share cap € 99,000.00 fully paid
3. Object of the agreement and information regarding the Products
By the sales agreement the Client purchases by mail order from Gensan one or more of the Products illustrated and described on the Site.
For each of the Products a code, the price, and technical details providing a description, the main characteristics and technical specifications of the product are available on the Site. All sales support information is to be considered as simple generic information material.
It is intended that the image associated with the technical details of the Product may not be perfectly representative of its characteristics, but may differ by colour, size or other and can be changed at any time without any obligation of notice by Gensan.
No registration is required in order to be able to access the Site. Details relating to products may be freely consulted. Registration is necessary for making a purchase.
4. Purchase method
Products are purchased via accessing the Site. In order to complete the purchase of products, the Client must register on the Site by entering the required data in the relevant form on the Site and choose a user ID and personal password (the "Instruments of Identification"). The first password is generated automatically by the system and the Client is given the opportunity to replace it (recommended).
These details are subject to the provisions of Legislative decree no. 196 of 30 June 2003 concerning "Protection of the person and other entities as regards personal data processing" as indicated in the relevant Privacy section of the Site and may be changed by the Client at any time by following the procedure indicated on the Site. These data will be saved by Gensan so that, on making the first purchase, the Client may use the Instruments of Identification selected at the time of registration to proceed with the order.
The Instruments of Identification are personal and may not be transferred to third parties, they must be kept confidential and, for security reasons, must not be kept together or recorded on a single document.
Should a Client forget his/her password and/or User ID selected at the time of registration, he/she must follow the procedure indicated in the relevant section of the Site for requesting new access details to the Site.
The sales agreement for purchasing the Products is concluded by entering data online and completing the digital order form exactly and completely by following the instructions on the Site and by subsequently sending the order by choosing the option "submit order" to Gensan and by receiving confirmation from Gensan. Correct receipt of the order is confirmed by Gensan by means of an e-mail response sent to the e-mail address submitted by the Client. This confirmation message indicates the date and time of execution of the order and a "Client order number", to be used for any communication with Gensan. The message will provide all the data entered by the Client.
Before sending their purchase order the Client will be able to correct any data entry errors by following the relevant amendment procedure provided on the Site. Specifically the Client has the option to amend the quantity of Products intended for purchase, by adding or removing one or more Products from the "Trolley".
By sending the order the Client declares and acknowledges having read all the instructions provided during the purchase procedure and full acceptance of the General Conditions.
Gensan reserves the right to evaluate acceptance of orders received. Gensan will inform the Client of any impossibility of accepting orders received within 48 hours from the business day following the one on which the Client sent the order and will reimburse the Client with any amount already paid for the order.
5. Non-availability of Products
Temporary non-availability of Products indicated on the Site.
6. Sales prices
The price of the Products is considered inclusive of taxes and duties, with the exception of delivery costs, which if due, shall be paid by the Client upon payment for the Product purchased on line. Delivery charges, any commissions, taxes and any other charge relating to the online purchase of the Products are indicated on the Site.
Prices may change without any obligation of notification and the single correct price is the one indicated upon confirming the order by Gensan.
7. Payment method
The payment for the Products purchased by the Client and the associated delivery charges will be made according to one of the following methods:
- prepaid bank transfer;
- credit card.
SECURITY OF TRANSACTIONS
At no point during the purchase procedure will Gensan be capable of learning the purchaser's credit card information, which is sent by protected direct connection with the site of the banking institution handling the transaction, to guarantee maximum security. Gensan will not store this data in any digital archive. Therefore in no event may Gensan be held liable for any fraudulent and undue use of the credit card by third parties, at the point of payment for the Products purchased on the Site.
8. Billing and delivery methods
The Products purchased on the Site will be delivered to the address indicated by the Client. The signature of an adult aged greater than 18 years will be required on delivery. No deliveries will be made to PO boxes.
For each order made on the Site, Gensan will issue an invoice for the goods shipped, sending it via e-mail or mail to the address of the order. The information provided by the Client on making the order will be valid for issuing the invoice. No changes may be made to the invoice after it is issued.
The delivery charges are payable by the Client and are indicated separately on the Site and in the order form. Their value depends on the total amount of the individual.
All purchases will be delivered by means of courier from Monday to Friday, excluding national holidays and feast days. Gensan will not be liable for delays.
Gensan will update the status of the order on its site, including the shipment status.
Deliveries will be made in the period of 4 business days.
For the delivery of goods the Client or his/her appointee is required to be present at the address indicated in the order. On delivery of the goods by the Courier, the Client is required to check that the number of packages delivered corresponds to what is indicated in the shipping document and that the package is entire and unaltered.
ANY DAMAGES TO THE PACKAGING AND/OR TO THE PRODUCT OR INCONSISTENCY WITH THE NUMBER OF PACKAGES MUST BE CHALLENGED IMMEDIATELY, STATING WRITTEN REFUSAL TO ACCEPT THE GOODS ON THE PROOF OF DELIVERY OF THE COURIER.
ANY PROBLEMS REGARDING THE PHYSICAL INTEGRITY, CORRESPONDENCE OR COMPLETENESS OF THE PRODUCTS RECEIVED MUST BE NOTIFIED BY TELEPHONE WITHIN 8 DAYS FROM DELIVERY, BY THE CLIENT ON THE FREEPHONE NUMBER 800.430901 OR TO THE E-MAIL ADDRESS firstname.lastname@example.org.
Having signed the Courier's document, the Client may not raise any claim against the external characteristics of the package delivered.
NON-ATTENDANCE WHEN COURIER DELIVERS
If the package is returned to our offices and held by the courier, the client will be charged for the costs that Gensan is in turn charged by the courier.
If for reasons beyond our control you were not contactable upon delivery, you may contact the courier's offices of your town and agree a subsequent delivery time or collection. Gensan is not financially liable for parcels left in storage with the courier. Clients who are unable to agree a second delivery time or collection with the local offices will be responsible for the successful outcome of the shipment. If the courier returns the package to us through failed delivery to the Client, Gensan will contact the Client for redelivery and claim reimbursement of any storage costs, the cost of the return to Gensan and the cost of redelivery. Where the Client does not intend to pay the costs claimed by Gensan or does not get in contact to agree, or if a request for reimbursement by mail for the costs sustained is not answered within a reasonable period of time (7 days), Gensan will recover the unreturned goods through the Client's nonfulfilment.
The shipping costs amount to:
order up to €60.00: € 6.00
over €60.00: FREE OF CHARGE
Gensan will not accept liability for this service attributable to causes of force majeure of any type, where it is not able to execute the agreement in the agreed times.
Gensan will not accept any liability for any fraudulent and unlawful use of credit cards, cheques and other means of payment for the products purchased by third parties.
THE CLIENT EXPRESSLY RECOGNISES THAT GENSAN'S LIABILITY FOR ANY NONFULFILMENT OF THE SERVICES REFERRED TO ABOVE IS LIMITED TO, AND MAY IN NO EVENT EXCEED, THE AMOUNTS RECEIVED BY GENSAN AND PAID BY THE CLIENT FOR THE FULFILMENT OF THE SPECIFIC INDIVIDUAL SERVICES. ANY GREATER DAMAGES, LOSSES, COSTS OR EXPENSES ARE EXPRESSLY EXCLUDED.
Gensan will not accept liability for any services not fulfilled and/or claim which may affect the Client through causes beyond the control of the same or, in any case, attributable to delays due to malfunction, failed or irregular transmission of the information or causes outside of its control including, without limit, system line delays or downtime, interrupted operation or failed connection of the Internet or interruption, suspension, malfunction of Internet access nodes, interruption, suspension or poor operation of the e-mail or mail service or electricity supply; lockouts or strikes including of the Client's own personnel, wherever they occur; impediments and obstacles caused by legal provisions or acts of the national or foreign authorities; rulings or acts of a legal nature or made by third parties; other causes not attributable to the Supplier and any impediment or obstacle in general which cannot be overcome with ordinary diligence by the Supplier in relation to the nature of the activity carried out.
Gensan has the option to suspend and interrupt the service for connection to the Site any time for technical reasons, for reasons associated with the efficiency and security of the services themselves, and to suspend its operation as a precaution, without Gensan being held liable for the consequences of any interruptions or suspensions.
10. Client's Obligations
The Client acknowledges that the content of the Site may not be reproduced, published or distributed externally. The use, by entities other than the Client and/or public dissemination, in any way and on any media, of information, data, services supplied to the Client as well as their processing, amendment, reprocessing, resale, integration, duplication, transmission, association with other data and information and manipulation is expressly prohibited.
The Client may not transfer this agreement or the rights deriving from it to third parties.
Having concluded the online purchase procedure, the Client undertakes to print and save a digital copy of these General Conditions, and the confirmation of the order placed on the Site received by e-mail.
The Client is forbidden from entering false and/or fabricated data during the Site registration procedure. In each case, the Client will be liable for any false information.
The Client undertakes to release Gensan from any liability deriving from the issue of incorrect tax documents because of erroneous indication of data by the Client.
11. Right of withdrawal
PURSUANT TO ARTICLES 64-65-66 AND 67 OF LEGISLATIVE DECREE 206/2005, WHERE THE CLIENT IS A CONSUMER, I.E. A PHYSICAL PERSON WHO PURCHASES THE GOODS FOR PURPOSES OTHER THAN THEIR PROFESSIONAL ACTIVITY, OR WHO MAKES THE PURCHASE WITHOUT INDICATING A VAT REFERENCE IN THE ORDER FORM, IS ENTITLED TO WITHDRAW FROM THE PURCHASE AGREEMENT FOR ANY REASON AND CONSEQUENTLY RETURN THE GOODS PURCHASED AND TO OBTAIN REIMBURSEMENT OF THE COST, IN ACCORDANCE WITH THE METHODS INDICATED BELOW.
THE RIGHT OF WITHDRAWAL IS SUBJECT TO THE FOLLOWING CONDITIONS:
a. THE RIGHT APPLIES TO THE PRODUCT IN ITS ENTIRETY AND NOT ITS PARTS OR COMPONENTS;
b. IN THE CASE OF PRIZES OR COUPLED SALES PROMOTIONS, WHERE THE PURCHASE OF AN ITEM IS ASSOCIATED WITH ANOTHER ITEM WHICH IS SOLD AT A MUCH REDUCED PRICE (OR FREE GIFT), THE RIGHT OF WITHDRAWAL MAY BE LEGITIMATELY EXERCISED BY RETURNING BOTH GOODS SUBJECT TO THE PURCHASE (GIVEN THE COUPLING OF THE PROMOTED ITEM WITH THE FIRST ON OFFER).
TO EXERCISE THE RIGHT OF WITHDRAWAL THE CLIENT, WITHOUT HAVING TO PROVIDE REASONS AND WITHOUT ANY PENALTY, MUST SEND NOTIFICATION
WITHIN 10 WORKING DAYS FROM RECEIPT OF THE ITEM, WHICH STATES THE WISH TO WITHDRAW FROM THE AGREEMENT. THIS COMMUNICATION MUST BE SENT BY MEANS OF REGISTERED MAIL WITH RECEIPT NOTIFICATION, ADDRESSED TO THE COMPANY OR VIA CERTIFIED E-MAIL (GENSAN@PEC.GENSAN.IT) OR FAX TO THE NUMBER 050/980465. AT THE SAME TIME AS SENDING THE NOTIFICATION OF WITHDRAWAL, THE CLIENT MUST
RETURN THE ITEM TO THE COMPANY OR VIA A COURIER OF
HIS/HER CHOICE.THE SHIPPING COSTS WILL BE PAYABLE ENTIRELY BY THE CLIENT. THE ITEM MUST BE RETURNED WHOLE AND CAREFULLY PACKAGED IN THE ORIGINAL PACKAGING. IN THE CASE OF NOTIFICATION BY FAX, EXERCISING THE RIGHT OF WITHDRAWAL MUST BE CONFIRMED BY MEANS OF REGISTERED MAIL WITH RECEIVED NOTIFICATION WITHIN THE FOLLOWING FORTY-EIGHT HOURS.
Gensan undertakes to reimburse the price in the shortest time possible, and in any event within 30 days from the date of receipt of the notification of withdrawal, on the condition that:
The Product/s are returned whole;
the original packaging of the Product/s are also returned whole;
any accessories are also returned whole;
the Product/s have not been used;
Gensan will inform the Client of the methods of reimbursement of the Price and to such end may also request the Client's bank details (IBAN and account holder). Should the Client exercise the right of withdrawal without complying to the terms and methods set out in 10, the Client is not entitled to reimbursement of the Price.
12 . Communications
The Client acknowledges and agrees that all communications, notifications, certifications, information, reporting and any documentation on transactions made, relating to the purchase of the Products, shall be sent to the e-mail address indicated at the time of registration, with the option for downloading the information onto removable media in the ways and within the limits prescribed by the Site.
13 . Client Services
For any information regarding the order and the delivery of the Products, the Client will be given telephone support within the hours and on the days indicated in the relevant section of the Site, by the Supplier's Client services, on the following freephone number
800/430901. Any complaint must be sent to Gensan Srl, Pisa ViaMeucci, 36, Loc. Ospedaletto, by registered mail with receipt acknowledgement.
14 . Agreement termination
As well as that indicated above, Gensan has the option to terminate the Agreement by giving simple notification to the Client who, in such case, will be entitled to reimbursement of any amount previously paid.
The obligations taken on by the Client and the payment guarantee are essential in nature, therefore by express agreement, the Client's failure to fulfil a single one of the obligations shall bring about termination of the agreement by law pursuant to Art. 1456 civil code, without requirement for legal order, and without affecting the Company's right to open proceedings for compensation of further damages.
15. Applicable law
THIS AGREEMENT IS REGULATED BY THE LAW OF ITALY.
FOR RESOLUTION OF CIVIL AND CRIMINAL DISPUTES DERIVING FROM THE CONCLUSION OF THIS MAIL ORDER SALES AGREEMENT, THE COURT OF PISA SHALL HAVE EXCLUSIVE COMPETENCE; IF THE CLIENT IS A CONSUMER, I.E. A PHYSICAL PERSON WHO PURCHASES THE GOODS FOR PURPOSES NOT RELATING TO THEIR PROFESSIONAL ACTIVITIES, OR DOES NOT INDICATE A VAT REFERENCE IN THE ORDER FORM, THE COURT OF HIS MUNICIPALITY OF RESIDENCE SHALL HAVE COMPETENCE.