Purchasing Terms

General Terms and Conditions of Purchase

(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 and subsequent amendments and additions)

Preamble and effectiveness of the General Conditions of Purchase

These general conditions of sale (hereinafter, “General Conditions of Purchase“) have as their object the regulation of the purchase of products and services, carried out remotely and made available, through the internet, from the site www.gustoelite.it (hereinafter, the “Site“) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumption Code“).

The seller of the products and owner of the Site is: SEaM s.r.l.

with registered office in Villar Focchiardo 5 – 10138 Torino C.F/ P.I. 12137280017 and registration to Registro Imprese of Turin n.12137280017 , REA: TO-1267498

Email address: info@gelatiseam.com (hereinafter “Gustoelite.it”).

The consumer who accesses the Site to make purchases (hereinafter “Customer“) is required, before sending the order, to read carefully these General Conditions of Purchase which have been made available to him/her on the Site and which will be available for consultation at any time by the Customer.

In the event that the person who makes purchases on the Site requests the issue of an invoice and/or is not a “consumer or user” as defined in the art. 3, paragraph 1, letter a) of the Consumer Code, will not apply the rules of withdrawal as defined in art. 7 and 8 of these General Terms and Conditions of Purchase nor, more generally, the provisions of the same Consumer Code that apply only to “consumers”.

The sales concluded with Gustoelite.it through the Site are governed by these General Conditions in accordance with Italian law. The language available to conclude the sale is Italian.

  1. Choose and Order Products

The characteristics and price of the various products on sale on the Site (hereinafter “Product” or “Products“) are shown on the page relating to each Product.

For the purchase of the Products, the Customer must fill in and send the order form in electronic format, following the instructions contained in the Site. The Customer must add the Product to the “Shopping Cart” and, after having read the General Conditions of Purchase and Privacy Policy and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Conditions of Purchase and Payment transcribed.

The contract stipulated between Gustoelite.it and the Customer must be considered concluded with the acceptance of the order by Gustoelite.it . Such acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from the receipt of that email to contact Customer Service directly from the Site using the contact form accessible through the “Support” tab. Once this deadline has passed, the order will be processed for shipment and no changes will be accepted, without prejudice to the Customer’s rights under article 7 below.

Once the order has been received, Gustoelite.it will check the availability of stocks for the execution of the order.v In the event that one or more Products are not available, the Gustoelite.itCustomer Service will send a timely communication via email to the Customer who, within the following 12 hours, will be entitled to reply to confirm the shipment of any additional Products available or cancel it. If no response is received within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, Gustoelite.it will process the order with the available Products. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen.

  1. Product Information

The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour and size. If there is a difference between the image and the written product data sheet, the description of the product data sheet is always valid.

  1. Prices and shipping

The prices of the products are inclusive of all taxes and duties.All prices are in Euro.

  • Shipping to Italy:

Throughout Italy shipping is free for orders over 55 €, for lower amounts the shipping cost is € 6.70. For Sicily, Calabria and Sardinia € 7,90 €. Delivery takes 48 hours.

  • Expeditions abroad:
  • CEE: 15,60 €. For orders over 120,00 € shipping is free. Delivery in 7-10 days.
  • EXTRA CEE: 28,00 €. For orders over 160,00 € shipping is free. Delivery in 7-10 days.
  • Any customs costs are always borne by the recipient
  1. Methods of payment and billing

5.1 Payment methods

The Customer may pay the price of the Products and the related delivery charges by credit card, PayPal, bank transfer, prepaid cards.

  • Credit Card

The circuits on which you can buy within the Site are:
Visa – Mastercard – American Express

To ensure maximum security, the Customer will make the payment transaction directly on the bank’s secure server.

The Site does not store the Customer’s credit card number, but thanks to the protected communication system of the reference bank. The bank of reference uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.

  • PayPal

Once the order has been confirmed, the Customer will be redirected to the PayPal site where he or she can make the payment with his or her account or using a card, even a prepaid card, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.

  • Bank transfer

The Customer must make the transfer within 3 days from the date of the order for orders related to products; instead, payment by bank transfer is not required for orders containing events and/or courses. If payment is not made within 3 days the order will be cancelled and the goods made available again for purchase by other Customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the failure to credit is due to the Customer’s willingness not to confirm the purchase or other causes.

Data for the transfer: SEAM S.R.L.
IBAN: IT 62 S 06305 01001 000180156284

BIC/SWIFT: SARCIT2S

Bank: BANCA CASSA DI RISPARMIO DI SAVIGLIANO
Cause: the customer must indicate in the reason for the transfer the date and the order number, available in the confirmation email (e.g. “Order 01/01/20 n. 100012345”).

5.2 Invoicing of orders

If the purchase is made by a professional, it will be possible to request the issue of an invoice by selecting the appropriate box during the order process and entering the billing data including tax code and/or VAT number. In this case the invoice will be sent by email to the specified address. The professional is responsible for the correct entry of the billing data and is expressly informed that if the invoice is not requested when ordering, it will not be possible to request it later.

  1. Transport and delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Address” field.

All purchases will be delivered by express courier (hereinafter “Courier“) from Monday to Friday, excluding holidays and national holidays. Gustoelite.it is not responsible for delays not foreseeable or not attributable to it.

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within 7 (seven) working days from the day after Gustoelite.it has confirmed the order to the Customer via email order confirmation.

Delivery services active in Italy:

MAIL BOXES

The service includes 2 free delivery attempts at the address indicated at the time of order. A notice will be left after each pass. At the second failed delivery attempt, the shipment will be in storage at the courier tel. 011/9588769 office hours, for any information contact mail boxes or elite taste to arrange a new delivery, the cost will be borne by the recipient even if the first shipment was free, to which you must add the cost of storage of € 5. per day. If the storage service exceeds 24h, the goods will be returned to our warehouse.

Active delivery services abroad:

Express Courier

Shipments abroad may be made by different couriers depending on the country of destination in order to ensure the Customer the best available rate.

Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Romania, Luxembourg, Netherlands, Poland, Portugal, Monaco, Romania, Slovakia, Slovenia, Spain (except the Canary Islands and Ceuta and Melilla), Sweden, United Kingdom.

  1. Right of withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send to Gustoelite.it a communication within 14 days from the date of receipt of the Products using the downloadable form here or, if you intend to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time before receiving them.

Such communication shall be sent by registered letter with return receipt, addressed to:

c.a. Ufficio Commerciale
SEAM s.r.l.
via Pavia, 105/c
10098 Rivoli (Torino)

The Customer Service of Gustoelite.it will provide, once the communication is received, to open a file for the management of the return and to communicate to the Customer instructions on how to return the Products, which will be done by courier indicated by Gustoelite.it itself.

The right of withdrawal is governed by the following conditions of purchase:

A). The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.

B). In case of exercise of the right of withdrawal Gustoelite.it will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date of receipt of the notice of withdrawal, without prejudice to the right to Gustoelite.it to suspend payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer or cash on delivery payment it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).

C). Also in order to be able to guarantee the return free of charge in accordance with Article 8 below, the Products must be returned in the same box in which they were received.

D). In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests the invoice), the right of withdrawal is excluded in the following cases, in accordance with art. 59 d.lgs 21/2014:

– order of tailor-made or clearly customized products;

– order of Products that are in danger of deteriorating or expiring rapidly;

– order of Sealed Products that are not suitable to be returned for hygienic or health protection reasons or that have been opened after delivery.

With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that “risk to deteriorate or expire rapidly” are all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Gustoelite.it and put back on the market without danger to the health of consumers (such as kitchen utensils, etc.).

In cases of exclusion of the right of withdrawal, Gustoelite.it will return the purchased Products to the Customer, charging the same shipping costs.

  1. Free return in case of exercise of the right of withdrawal

As a condition of greater favor for the customer, Gustoelite.it keeps the shipping costs for the return of the Products in case of exercise of the right of withdrawal.

In order to benefit from such free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Gustoelite.it to arrange the return of the Products to the courier.

  1. Warranty and Conformity Defects

In case of conformity defects of Products sold by Gustoelite.it the Customer must immediately contact Customer Service using the contact form accessible on the Site through the tab “Customer Service”.

The legal guarantees provided by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product so permits, to restore, without charge, the conformity of the Product by repair or replacement, or to an appropriate price reduction or termination of the contract.

The Customer forfeits these rights if he does not report to Gustoelite.it the lack of conformity within a period of two months from the date on which it discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry within a shorter period, in which case the defect must be reported within this shorter period.

  1. Errors and limitations of liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Gustoelite.it cannot be held responsible, except in case of willful misconduct or gross negligence.

Gustoelite.it reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions of Purchase and the Consumer Code.

Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order.

  1. Complaints

Any complaint should be addressed to Gustoelite.it using the appropriate contact form accessible directly on the Site through the “Customer Care” tab, or by calling at 011 959 1666 (from abroad +39 011 959 1666), active from Monday to Friday, from 9 a.m. to 5 p.m., excluding public holidays, or by registered letter with return receipt to the following address:

c.a. Ufficio Commerciale
SEAM s.r.l.
via Pavia, 105/c
10098 Rivoli (Torino)

Gustoelite.it is committed to respond to all requests received within a maximum of 7 working days.

  1. Online resolution of consumer disputes (ADR and ODR)

ADR

According to Article 49 paragraph 1 letter V of Legislative Decree no. 6 September 2005. 206 (Consumer Code) the customer may use the Joint Conciliation procedure. The Procedure may be initiated if the consumer, after submitting a complaint to the company within 45 days, has not received a response or has received a response not considered satisfactory by him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the application to: conciliazione@consorzionetcomm.it or fax number 02/87181126. For more information please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl

ODR

In accordance with art. 14 of the Regulation 524/2013 informs the user that in the event of a dispute he may submit a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.

  1. Applicable law and place of jurisdiction

The sales contract between the Customer and Gustoelite.it is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions of Purchase or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of his town of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other jurisdiction excluded.

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Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions of Purchase: 6 (responsibility for late delivery), 10 (right to correct errors – exclusions of liability).