fbpx

Online Terms of Sale

Introduction

These Terms of Sale describe the online purchasing methods on the website www. newgentlemengeneration.com in compliance with the regulations in force on distance contracts, set out in Italian Legislative Decree no. 206 of 6 September 2005 as amended by Italian Legislative Decree no. 21 of 21 February 2014 (“CONSUMER CODE”) and, for anything not provided therein, Articles 7 and 12 of Italian Legislative Decree no. 70 of 9 April 2003 (“E-commerce DECREE”).

Before making any online purchase, you are invited to read the Online Terms of Sale, the General terms of use, the Right of Withdrawal, the Privacy Policy and the Cookies Policy carefully.

Identification of Seller

The seller is Laboratorio Creativo Geppetto Srls sole proprietorship with registered office in 22100 Como, via Ettore Rota n. 9, Tax Code and VAT n. 03483320135 registered at the Companies Register of Como with Economic & Administrative Index n. CO – 326127.

Contacts

For any information, assistance or for the methods of online purchase, the warranty, withdrawal or anything else, please contact the customer service of Laboratorio Creativo Geppetto Srls sole proprietorship (“CUSTOMER SERVICE”) at the following e-mail address: info@newgentlemengeneration.com.

Definitions

  • Customer: the individual consumer of adult age (or, if a minor, authorised by the parent or guardian) who makes the purchase for purposes not relating to any commercial, business or professional activity performed.
  • Terms of sale: all terms of sale found on the website www.breil.com, applicable to the contractual relationship in place between the Seller and the Customer.
  • Online sales contract: the sales contract relating to the Products, entered into between the Seller and the Customer as part of a distance sales system organised by the Seller by way of electronic tools.
  • Purchase order: the Customer’s purchase order in electronic format made in accordance with the procedure indicated in the Terms of Sale and which constitutes a contractual offer by the Customer to purchase the Products.
  • Products: all the products listed on the site.
  • Website: the website www.newgentlemengeneration.com owned by Laboratorio Creativo Geppetto Srls sole proprietorship.
  • Seller: Laboratorio Creativo Geppetto Srls sole proprietorship sole proprietorship with registered office in 22100 Como, via Ettore Rota n. 9, Tax Code and VAT n. 03483320135 registered at the Companies Register of Como with Economic & Administrative Index n. CO – 326127.

Subject of online sales contract

With the online sales contract, the Seller sells and the Customer buys the Products, as part of a distance sales system organised by the Seller by way of electronic tools on the Website.

All Products are subject to availability. The Seller reserves the right at any time to vary without notice the limits to the quantities and/or types of Products that can be purchased online on the Website as well as the style, models and colours of the Products described on the Website.

The images of the Products on the Website (Despite Creative Laboratory Geppetto Srls sole proprietorship constantly taking measures to ensure that the photographs shown on the Site are faithful reproductions of the original products) may differ from reality by virtue of the internet browser and/or monitor used. The Seller will not be responsible for any inadequacy of graphic representations of products displayed on the Site if due to such technical reasons, since such representations are merely illustrative.

Price

All sales prices of the Products indicated on the Website are shown in Euros.

Unless otherwise indicated, the prices of the Products include VAT and any other tax (where applicable) and they DO NOT include shipping costs and costs for additional services that may be highlighted in the product specifications.

The prices applied are those indicated on the Website at the time of the purchase order by the Customer.

The Seller reserves the right to vary without notice the prices of the Products, the offers, the shipping costs and the costs for additional services. Before sending the purchase order, the Customer is invited to check the final price indicated in the Product specifications.
Any new prices, new offers, shipping costs and costs for additional services will be applied only to purchase orders received on a date after their publication on the Website.

The Seller checks that the prices indicated on the Website are correct; however, it does not guarantee the absence of errors. Where an error is identified in relation to the price of a Product, the Seller will contact the Customer at the e-mail address provided by the same to give him/her the chance to re-confirm the Product order or to cancel it.

All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the Website and in the Order, unless otherwise specified, shall be deemed not to include any costs related to customs duties and taxes not previously calculated, if the shipment takes place in non-EU countries or in countries where the current legislation provides for import charges. In such a case, any additional costs will be clearly mentioned during the insertion and revision of the Order.
These costs are then borne by the Customer and must be paid directly at the time of delivery of the Products.

Product purchase process

The purchase order must be made online through the “Shop” section by clicking on the desired products that will be added to the shopping cart. In order to complete the Purchase Order, the Customer can enter the required data in the form.
The Customer may become a User of the Site by making the online registration via the “Create an Account” button and entering its password.

Before making any online purchase, the Customer must carefully read and accept the Online Terms of Sale, the General terms of use, the information on the Right of Withdrawal, the Privacy Policy and the Cookies Policy.

To purchase the Products, the Customer must enter the Products in a specific “basket”, after having read and accepted the Terms of Sale, with particular reference to the delivery costs, any costs for additional services and the information on the Right of Withdrawal, including the information on exclusion of the Right of Withdrawal in the case of made-to-measure Products or in the case of promotions, and he/she must select the desired payment method.

All Purchase Orders sent to the Seller must be completed in all their parts and must contain all information required for the exact identification of the Customer, the ordered Products and the location of their delivery. The Customer is strictly prohibited from entering false and/or invented and/or made up information in the purchasing process. The personal details and e-mail address must be exclusively the personal data of the Customer and not third party or made up details. The Seller reserves the right to pursue any violation and abuse, in the interest of and for the protection of all the consumers.

The Seller is relieved of any liability arising from the issuance of incorrect tax documents due to data errors provided by the Customer upon entering the Order online, since the customer is solely responsible for their correct insertion.

Seller is relieved of any liability arising from errors or delays in accessing the Website by the Customer when entering his / her data in the purchase procedure. Just as by the slowness or inability to receive Customer Confirmation or any anomaly that may occur due to problems with the Internet, or due to any other unpredictable and independent event from Laboratorio Creativo Geppetto Srls sole proprietorship.

The Seller is relieved of any liability arising out of any failure or problems related to the e-mail address provided by the Customer for the sending of the order confirmation.

The Purchase Order sent to the Seller is valid as a contractual offer by the Customer, manifested online and containing information on the essential characteristics of each ordered Product, the respective price, payment methods, delivery methods, shipping costs and any additional costs.

By sending the purchase order, the Customer unconditionally accepts the Terms of Sale and confirms to know and accept the further information contained on the Website cited even by way of links, including the General Terms of Use, the Privacy Policy and the Right of Withdrawal.

Upon receipt of the Purchase Order, the Seller will automatically send to the e-mail address indicated by the Customer in the Purchase Order an e-mail confirming receipt of that order – which DOES NOT constitute acceptance of the purchase order – merely confirming to the Customer that the order has been received and sent for the data verification process and the availability check of the requested Products.

The online sales contract is understood to be finalised and binding for both parties when the Customer receives e-mail confirmation from the Seller that his/her order proposal has been successful and therefore accepted.
The e-mail accepting the Purchase Order will contain a reference to the Terms of Sale, information relating to the essential characteristics of the purchased Products, a detailed indication of the price of the Products and the payment methods, information on delivery costs, on costs for additional services, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the Right of Withdrawal in the case of made-to-measure Products or in the case of promotions, the address of the Seller to which to submit complaints, as well as information relating to the shipment of the Products.

The Customer must check without delay the content of the communication and report immediately to the Seller any errors or omissions by sending an e-mail to the Customer Service of the Seller at the address info@newgentlemengeneration.com.

In derogation of the foregoing, the Purchase Order sent by the Customer shall be understood to be invalid and ineffective, and not accepted by the Seller, where the Seller has reasonable and well-grounded reason to believe that the Customer:

  • intends to purchase the Products not for personal reasons but for reasons related to its or other people’s business or professional activity. All Purchase Orders made, in fact, must correspond to normal consumption requirements, both in relation to the number of Products purchased with an individual Purchase Order, and in the case of multiple orders relating to the same Product even where each Purchase Order includes a quantity of Products corresponding to normal consumption requirements;
  • uses false or made up names in the purchase process in violation of the provisions of the paragraph above entitled “Product purchase process”.

In those cases, the online sales contract will be understood not to be finalised and the Seller will send to the Customer, by e-mail, a communication certifying the non-acceptance of the Purchase Order and the lack of finalisation of the contract, cancelling any debit and/or cost charged to the Customer.

The Seller also reserves the right to process the Purchase Order partially in the case of unavailability of one or more Products ordered by the Customer. In this case, the Customer will only be charged the sum corresponding to the order partially processed.

Every Purchase Order sent will be archived in the Seller’s database. The Customer, where registered, may access at any time his/her Purchase Order in order to monitor its status, by connecting to the Website and accessing the section “Account” and entering in the fields provided therein the e-mail address used in the order phase and the password. If the Customer is not registered, the same may obtain information on his/her Purchase Order by sending an e-mail to the Customer Service at the address info@newgentlemengeneration.com indicating the code relating to the order.

The Seller sends an e-mail to the Customer at each change of order status (taken over, confirmed payment, shipping, ecc.).

The Purchase Order, the Seller’s order confirmation and the Terms of Sale are archived electronically by the Seller in its IT systems and the Customer may request a copy of the same by sending an e-mail to Customer Service at the address info@newgentlemengeneration.com.

Payments

All payments by the Customer may only be made by means of one of the following methods: credit card, PayPal, bank transfer.

Payments made by credit card or by other electronic forms are done via protected connection, directly linked to the Bank that handles and manages the “online” payment service of which the Seller is a partner. The Seller does not come into possession of the credit card details of its Customers and it may not be deemed liable for any fraudulent uses of the card. Those details are received directly and exclusively by the banks that authorise the payment, proceeding only to communicate the outcome to the Seller.

When paying by PayPal, the Customer must follow the procedures found on the PayPal website. The amount relating to the order will be debited from the Customer’s PayPal account upon receipt of the order by the Seller. For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail directly from PayPal. If the order is subsequently cancelled, the amount refunded will be credited to the Customer’s PayPal account and the Seller cannot be held liable for any damages, direct or indirect, caused by delays in the release of the amount by PayPal.

In the case of payment by advance bank transfer, the Customer will be able to use his home banking indicating the “IBAN” code set out in the Purchase Order as well as the order number.

Where, for any reason, the debit of the sums due from the Customer is found to be impossible, the Seller will send to the e-mail address indicated by the Customer a communication of non-acceptance of the purchase order. The purchase process will automatically be cancelled and the online sales contract will be deemed not to be finalised.

Any repayment to the Customer will be credited using the payment method used by the Customer in the order or using a manner chosen by the Customer.

The Seller will send a notification e-mail once the refund has been made to the e-mail address indicated by the Customer in the Purchase Order.

Invoicing

For each Purchase Order, the Seller will issue the respective invoice based upon information provided by the Customer in the purchase order. No change to the invoice will be possible after its issuance. The invoice will be sent to the Customer once the payment has been collected, in electronic format in accordance with Italian Presidential Decree 445/2000 and Italian Legislative Decree 52/2004.

Delivery timescales and methods

The Seller proceeds to send the Products to the Customer by way of its trusted couriers from Monday to Friday, excluding Saturday, Sunday and public holidays.

The delivery timescales in Italy and in European Union are on average one/two working days, four for non-European Union countries. For made-to-measure Products, as referred to in the paragraph below entitled “Made-to-measure Products”, the delivery times may be longer. The stated delivery timescales are purely indicative.

Subject to cases of force majeure or unforeseeable events, the delivery timescales, in accordance with the provisions of Article 61 of the Consumer Code, do not exceed 30 days commencing from the day after that of transmission of the Purchase Order to the Seller, except where the Seller communicates – within the same timescale or by the last date agreed for the delivery, even by e-mail – the temporary impossibility of delivering the same. In that case, the Seller will proceed to refund any sums already paid by the Customer for payment of the invoice.

At the time of shipment, the Customer will be sent a shipment confirmation e-mail, together with a “tracking number” which will allow him/her to monitor the delivery status on the courier’s website.

The delivery of the Products will be made to the address indicated in the Purchase Order exclusively in the presence of the Customer or his/her officer, provided that they are an adult, who must sign the delivery documents for the Products.

Deliveries will not be made to mail boxes.

Upon delivery of the Products by the courier, the Customer or his/her officer is required to check that:

  • the number of packages delivered corresponds to what is indicated in the transportation document (DDT);
  • the packaging is intact, undamaged, not wet or in any case altered, even in the sealing materials. Any damages to the package and/or to the Product or the lack of correspondence of the number of packages or the indications must be disputed immediately in writing by the Customer or by his/her officer on the transportation document in the dedicated space. In that case, the Customer or his/her officer must reject the damaged goods without opening the package and the Seller, once the damaged package is received, will send a new shipment of the ordered Product. This is without prejudice, in any case, to the right of withdrawal of the Customer set out in the paragraph below entitled “Right of Withdrawal”.

Once the transportation document is signed without the Customer or his/her officer having raised any dispute, the Customer may not bring any dispute in relation to the external characteristics of the delivered package.

If the Customer rejects the package containing the Products, this will be considered as a withdrawal by the Customer from the online sales contract in accordance with Articles 52 et seq. of the Consumer Code and the Seller will be entitled to retain from the refund due to the Customer the costs of return. The refund thus determined will be credited by way of the payment methods chosen by the Customer in the Purchase Order, promptly and at most within 14 days from the return of the package.

Made-to-measure products

The Customer has the opportunity of having the silver ring made-to-measure. In that case, the Customer must follow the procedure indicated on the Website and must indicate the finger measurement in the specific section provided in the product specifications.

In the case of made-to-measure products, the shipment times set out in the paragraph above entitled “Delivery timescales and methods” will depend on the timing of tailor-made production.

The right of withdrawal referred to in the paragraph below entitled “Right of Withdrawal” is EXCLUDED, in accordance with Article 59, Paragraph 1, Letter c) of the Consumer Code, as they are made-to-measure Products.

Right of Withdrawal

Except for the case of made-to-measure Products referred to in the above paragraph entitled “Made-to-measure products”, the Customer, without specifying any reason for the same and with no penalty, is entitled to withdraw from the online sales contract in accordance with Article 52 et seq. of the Consumer Code within the term of 14 days from receipt of the Products by the Customer.

The Customer is invited to read the information on the Right of Withdrawal carefully.

Once the Customer has sent the return request within the term indicated above as a registered user, or if not registered, as a guest, the same will receive, by e-mail, authorisation from the Seller for the return with the instructions and the return code. The Customer must return the Products to the Seller within the next 14 days, together with the return authorisation form, sending them to the address indicated in the return authorisation.

The right of withdrawal is subject to the following conditions:

  • Products returned must be returned in their entirety;
  • Products returned must be in perfect condition and in perfect condition, including any labels: no products will be accepted that indicate signs of damage or dirt that can not be regarded as being intact (worn, washed or damaged);
  • Products returned must be returned in their original full package in all its parts (including packaging and any documentation and ancillary equipment);
  • Products returned must be sent to the Seller in one shipment.

In order for the right of withdrawal to be validly exercised, the Products must be returned to the Seller to the address indicated in the return authorisation, within 14 days from receipt by the Customer of the return authorisation, together with the purchase invoice and the return authorisation of the Seller, having pleased all the above conditions.

The Customer is responsible for any reduction in value of the Products resulting from any tampering with the goods other than what is necessary to establish their nature, characteristics and operation.

The shipping costs will be charged to the Customer.

In no case will packages be collected with cash on delivery or by way of carriage forward.

The Customer is advised to ship the Products to be returned, with their Institutional Packaging, insuring the entire amount of the goods and taking care to receive a shipment number allowing for the shipment to be tracked. The Seller will not be liable for any refund or compensation relating to Products and Institutional Packaging sent by the Customer but that has never been received by the Seller due to loss, theft or damage not attributable to the same.

If the Right of Withdrawal has been exercised in accordance with the above conditions, the Seller is required to repay the sums paid by the Customer indicated in the order of delivery (price, standard shipping costs, any additional costs for additional services) within the maximum period of 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Customer, but provided that in the same term the product was returned and verified by the Laboratorio Creativo Geppetto Srls sole proprietorship.

The Seller will use for the re-credit the same means of payment used by the Customer for the Initial Transaction, unless the Customer explicitly asks the Seller to use a different means and the latter agrees. If the Order has been paid through Paypal or Credit Card, the refund will be on the card or account used for the payment. If the Order has been paid by Bank Transfer, the refund will be by Bank Transfer: the customer is obliged to contact customer service by e-mail at info@newgentlemengeneration.com to inform the correct IBAN for the transfer.
Reimbursement times depend directly on banks.

Legal warranty of Products

For any defect of conformity existing upon delivery of the Products, the Customer, in accordance with the provisions of Article 130 of the Consumer Code, will be entitled to the restoration at no cost of the conformity of the Product by way of repair or replacement or, where this is not possible, a reduction of the purchase price or termination of the online sales Contract.

There is a defect of conformity when the goods purchased:

  • is not suitable for use for which goods of the same type are normally used;
  • does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
  • does not present the usual quality and performance of goods of the same type that the consumer can reasonably expect, including the statements made in advertising or labeling;
  • is not suitable for the particular intended use of the consumer and has been brought to the attention of the seller at the time of the conclusion of the Contract and that the seller has accepted.

You are therefore excluded from the scope of the Legal Guarantee any other defects of any kind resulting from accidental accidents or liability or from use of the product not in accordance with its intended use and / or in the instructions for use of the product.

Remember that despite Laboratorio Creativo Geppetto Srls sole proprietorship constantly takes steps to ensure that the photographs of the products shown on the Site are faithful reproductions of the original products, including the adoption of any technological solution possible to minimize inaccuracies, it is always possible some Variations due to the technical characteristics and color-matching features provided by the computer used by the Customer. The Seller will not be responsible for any inadequacy of graphic representations of products displayed on the Site if due to such technical reasons, since such representations are merely illustrative.

The Seller is liable for defects of conformity where the same manifest, at detriment of the warranty, within a period of two years from the delivery date of the Product. The Customer must, however, report the defect of conformity within the term of two months from its discovery, by sending an e-mail to the Customer Service at the address info@newgentlemengeneration.com indicating the code relating to the order and the problem identified, attaching, where possible, some photos of the same.

The guarantee is therefore valid, provided that the following conditions are met:

  • the defect occurs within 24 months of the date of delivery of the products;
  • the Customer has a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter, unless this is contrary to the prevailing mandatory rules of the country of habitual residence of the Customer.

Unless otherwise proven, it is assumed that the defects of conformity that occur within six months of delivery of the product existed at that date unless such a hypothesis is incompatible with the nature of the product or the nature of the defect of conformity. From the seventh month following the delivery of the product, it will be the burden of the consumer to prove that the defect of conformity existed at the time of delivery.

In order to benefit from the Legal Guarantee, the Customer must first provide evidence of the date of purchase and delivery of the goods. Therefore, for this purpose, the Customer should keep the purchase invoice or any other document attesting the purchase date (for example credit card statement) and the date of the delivery.

The Seller will contact the Customer to organise the collection of the Product.

The Customer using the Legal Guarantee is relieved of any cost.

The Seller reserves the right to check the existence of the reported defect and to perform the repair or replacement only after that check.

If, following that check, no defect of conformity is found, the Seller reserves the right to charge to the Customer the costs of verification, restoration and transportation.

In the event of a defect in conformity duly denounced within the terms, Customer will be entitled to:

  • on a primary basis, free repair or replacement of the goods at the Customer’s choice, unless the remedy required is objectively impossible or excessively burdensome with respect to the other and, therefore, in the specific case, given the type of sale, replacement, where this is possible in relation to the number of specimens still available for sale;
  • on a secondary basis (in the case where repair or replacement is impossible or excessively expensive or repair or replacement has not been carried out within a reasonable time, or the repair or replacement that has already been carried out has caused significant consumer disadvantages) to the reduction of the price or termination of the Contract, at the Customer’s choice.

An over-burdensome remedy is intended to impose on the seller unreasonable expenses compared to alternative remedies that may be implemented, considering:

  • of the value that the good would have if there was no defect of conformity;
  • the extent of conformity failure;
  • of the possibility that the alternative remedy can be implemented without major disadvantages for the consumer.

In the event of termination of the Contract, Laboratorio Creativo Geppetto Srls sole proprietorship will return the total amount paid to the Customer. In case of price reduction Laboratorio Creativo Geppetto Srls sole proprietorship will return to the Customer the amount of reduction previously agreed.

The amount of redemption or reduction will be communicated via email to the Customer and credited to the chosen payment medium or settlement.

Liability of the Seller

The Seller will not be liable for any disservice attributable to causes of force majeure of any nature and type, where it is unable to implement the requested supply in the agreed timescales provided by the Terms of Sale. Causes of force majeure include, but are not limited to, measures of the Public Authority, strike of its employees, employees of third party companies or employees of the couriers or carriers used by the Seller, as well as any other circumstance that is beyond the control of or independent from the latter.

The Seller, except in the case of wilful misconduct or gross negligence, will also not be liable for any disservice or malfunctioning related to use of the internet network out of its control or that of its sub-suppliers and it may not be deemed liable in relation to damages, losses and costs incurred by the Customer following the lack of implementation of the online sales contract for reasons not attributable to the same.

If the Customer is unable to view part or all of the Website, no charge or liability may be attributed to the Seller, with the Customer being responsible for equipping itself autonomously with devices and programmes suitable for connecting to the internet network.

The Seller will do its utmost to ensure that the contents of the Website are updated; however, it cannot be excluded that errors and/or inaccuracies may occur (typing errors, inaccuracies or omissions, for example, relating to the price, Product availability and Product specifications). The Seller therefore reserves the right to correct the errors, inaccuracies or omissions even after the Purchase Order has been sent and it also reserves the right to change or update the information at any time without prior communication.

Privacy

In order to be able to proceed with registration, with the sending of Purchase Orders and thus with the finalisation of the online sales contract, the Customer is asked to provide some personal data. The Customer acknowledges that the personal data provided will be registered and used by the Seller, in compliance with and in respect of the regulations set out in Italian law, Italian Legislative Decree no. 196/2003 as amended and supplemented – Privacy Code, to implement each Purchase Order and, subject to the Customer’s consent, for any marketing purposes as indicated in the specific Privacy Policy provided to the Customer via the Website at the time of registration.

The provision of data is necessary for the finalisation and implementation of the online sales contract; any failure to provide it will not allow for the finalisation and/or implementation of the online sales contract.

For any further information on the methods of personal data processing, the Customer is invited to read carefully the Privacy Policy and the Cookies Policy.

Changes to Terms of Sale

The Seller reserves the right to change the Terms of Sale at any time. The Customer will be subject to the new terms of the Terms of Sale in force from time to time when making the order, except where the changes to the Terms of Sale were required by law or by the relevant authorities (in which case they will apply also to the orders in progress).

If any provision of the Terms of Sale is deemed to be invalid, void or for any reason inapplicable, that condition will not prejudice the validity and effectiveness of the other provisions.

Complaints

Any complaints may in any case be sent to the Seller to the following address: Laboratorio Creativo Geppetto Srls sole proprietorship, via Cavour, 2 – 22074 Lomazzo (CO) Italy or by e-mail to the address info@newgentlemengeneration.com.

Dispute settlement

These General Sales Conditions are governed by Italian law and will be interpreted accordingly. Consequently, the interpretation, execution and termination of the General Sales Conditions are subject solely to Italian law and any disputes inherent to and / or subsequent to them must be resolved exclusively by the Italian court.

In accordance with Art 12 Letter f) of Italian Legislative Decree no. 70 of 9 April 2003, the Court with jurisdiction for disputes relating to this contract is that of the place of residence or elected domicile of the Consumer if located in the State of the Italian Republic, as the mandatory court in accordance with Art. 66 bis of the Consumer Code.

It is noted that the European Commission (Article 14 of EU Regulation 524/2013 and Resolution on ODR referred to in Legislative Instrument 500/2015 effective from 15 February 2016) has established the ODR platform for the extrajudicial resolution of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer and a professional respectively resident and established in the European Union. The platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. In that regard, the e-mail address of the Seller is: info@newgentlemengeneration.com.

0