Introduction

The offer and sale of products on gaiabellagio.it are governed by this contract (hereinafter "Contract") governing the relations between Gaia Bellagio, VAT number 03087550137, currently in Via Giuseppe Garibaldi, 66 (entrance also at Salita Plinio 18) - 22021 Bellagio ( CO), telephone 031 952130, gaia.bellagio@libero.it, REA gaia.bellagio@libero.it (hereafter "Gaia Bellagio") and the Customer.

The Contract is subject to change by Gaia Bellagio, it being understood that, in the relationship with the Customer, the provisions of the Contract published in gaiabellagio.it will be applied at the time of the placing of the order by the Customer. The customer can request any information directly in gaiabellagio.it on the "CONTACT US" page.

1. Definitions

The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa. Consumer: indicates any natural person who acts in gaiabellagio.it for purposes unrelated to any entrepreneurial, commercial, craft or professional activity that may be carried out, with an age greater than or equal to 18 years.

  • Customer: means any Consumer who purchases one or more Products through gaiabellagio.it, accepting the Contract.
  • Gaia Bellagio: Gaia Bellagio di Malliani Gaia, VAT number 03087550137, current in Via Giuseppe Garibaldi, 66 (entrance also at Salita Plinio 18) - 22021 Bellagio (CO), telephone number: 031 95 21 30, gaia.bellagio@libero.it
  • Parties: means jointly Gaia Bellagio and Customers.
  • gaiabellagio.it: means the virtual shop accessible via the URL https://www.gaiabellagio.it, through which it is possible to purchase the Products.
  • Products: means the items offered in gaiabellagio.it for the purpose of their sale.
  • Reserved Area: means that part in gaiabellagio.it, given for the exclusive use of the Customer, through which the same can, upon authentication, access specific functions made available by Gaia Bellagio.

2. Subject of the Contract

The Contract governs and regulates the online sale of Products by Gaia Bellagio towards the Customer.

The essential characteristics of the Products are presented in gaiabellagio.it within each product sheet. The images and colors of the products offered for sale reproduce as closely as possible the real characteristics of the Products. However, these images may not correspond perfectly to reality, also for technical reasons.

Consequently, Gaia Bellagio cannot be held responsible for any inadequacy of the Product Images represented in gaiabellagio.it if due to the aforementioned technical reasons.

Gaia Bellagio offers its Products for sale and carries out its e-commerce activity exclusively for its Customers who are Consumers.

If you are not a consumer, we invite the customer to refrain from entering into commercial transactions through gaiabellagio.it

In consideration of its commercial policy, Gaia Bellagio reserves the right not to process orders from subjects other than the Consumer or in any case to orders that do not comply with its commercial policy, at its sole discretion.

In any case, Gaia Bellagio reserves the right not to accept orders that appear anomalous in relation to the quantity of products purchased or the frequency of purchases made.

The Customer is expressly prohibited from reselling, renting, renting or transferring for any reason or for any commercial and / or professional purpose the Products purchased within gaiabellagio.it.

3. Conclusion of the Contract - Unregistered Customer

  • 3.1 Registration: To proceed with the purchase of the products present within gaiabellagio.it it is necessary to proceed with the contextual registration of the order. In order to register, the Customer must correctly fill in and send the appropriate registration form using the tools offered from time to time, indicating their data in the various fields. Following this procedure, a dedicated Reserved Area will be created, granted for use by the Customer, who will be able to view their purchases, view the wish list and change their credentials.
  • The Customer may, at any time, cancel his / her Reserved Area in the following ways: by sending an email to gaia.bellagio@libero.it, specifying Name and Surname registered to the service, the message must be sent from the same address as registration linked to the Gaia Bellagio account. Gaia Bellagio reserves the right to verify that the email entered is correct, by sending a suitable email to the Customer and requesting the relative opening and consultation of the link contained in the email itself. The registration credentials, as well as access to the Reserved Area, must be used only by the Customer and must not be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them, also adopting all appropriate security measures in order to minimize the risks of unauthorized, unauthorized or non-compliant access to their Reserved Area, promptly informing Gaia Bellagio if you suspect an improper use, unauthorized or unauthorized access to your own Reserved Area. The Customer guarantees that the personal information provided during the registration procedure as well as subsequently is complete and truthful.
  • 3.2 Conclusion of the Contract: At the same time as the registration procedure, it will be possible to proceed with the operations aimed at purchasing the Product. Before proceeding with these operations, the Customer is required to read the Contract - paying particular attention to the clauses governing the right of withdrawal - as well as to print a copy and store a copy on a durable medium that allows the Customer to keep the information that they are personally addressed to them in order to be able to access them in the future for a period of time appropriate to the purposes for which they are intended and which allows the identical reproduction of the stored information. In order to proceed with the purchase of the products in gaiabellagio.it, the Customer must complete the order form in electronic format and transmit it to Gaia Bellagio, electronically, following the instructions given in gaiabellagio.it. Before proceeding with the transmission of the order form, the Customer is required to identify and correct any errors in entering the data entered. If the data are not compliant, you can proceed with the change by clicking on the "change data" button. In any case, in order to better protect the Customer, Gaia Bellagio will send the latter a receipt of the purchase order, containing a summary of the information already contained in the order form, as well as a copy of the Contract itself, to by email. In this regard, the Customer is required to verify the receipt of this documentation, viewing, if necessary, his own junk mailbox. The Customer also has the burden of verifying the final sale price before submitting the relevant order form, it being understood that the price applied to the product will be the one indicated on the site at the time the Customer places the order. The Contract will be deemed concluded when Gaia Bellagio receives the correctly completed order form electronically, sent by the Customer after verification of the successful outcome of the payment. By submitting the order form, the Customer confirms that he has understood and accepted the Contract, as well as the additional information contained in gaiabellagio.it. Once the Contract is concluded, Gaia Bellagio will process the purchase order. The languages ​​available to conclude the Agreement are Italian and English.

Conclusion of the Contract - Customer already registered

  • 3.3 Login: To proceed with the purchase of the Products present within gaiabellagio.it, if the Customer is registered, he must authenticate himself by entering his credentials within the login area. access to the Reserved Area, must only be used by the Customer and must not be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them, also adopting all appropriate security measures in order to minimize the risks of unauthorized, unauthorized or non-compliant access to their Reserved Area, promptly informing Gaia Bellagio if you suspect an improper use, unauthorized or unauthorized access to your own Reserved Area. Gaia Bellagio reserves the right to verify that the email in the archive is correct, by sending a suitable email to the Customer and requesting the relative opening and consultation of the link contained in the email itself.
  • 3.4 Conclusion of the Contract: after authenticating by logging in, the Customer can proceed with the operations aimed at purchasing the Product. Before proceeding with these operations, the Customer is required to read the Contract - paying particular attention to the clauses governing the right of withdrawal - as well as to print a copy and store a copy on a durable medium that allows the Customer to keep the information that they are personally addressed to them in order to be able to access them in the future for a period of time appropriate to the purposes for which they are intended and which allows the identical reproduction of the stored information. In order to proceed with the purchase of the products in gaiabellagio.it, the Customer must complete the order form in electronic format and transmit it to Gaia Bellagio, electronically, following the instructions given in gaiabellagio.it. Before proceeding with the transmission of the order form, the Customer is required to identify and correct any errors in entering the data entered. If the data are not compliant, you can proceed with the change by clicking on the "change data" button. In any case, in order to better protect the Customer, Gaia Bellagio will send the latter a receipt of the purchase order, containing a summary of the information already contained in the order form, as well as a copy of the Contract itself, to by email. In this regard, the Customer is required to verify the receipt of this documentation, viewing, if necessary, his own junk mailbox. The Customer also has the burden of verifying the final sale price before submitting the relevant order form, it being understood that the price applied to the product will be the one indicated on the site at the time the Customer places the order. The Contract will be deemed concluded when Gaia Bellagio receives the correctly completed order form electronically, sent by the Customer after verification of the successful outcome of the payment. By submitting the order form, the Customer confirms that he has understood and accepted the Contract, as well as the additional information contained in gaiabellagio.it. Once the Contract is concluded, Gaia Bellagio will process the purchase order. The languages ​​available to conclude the Agreement are Italian and English.

4. Order Availability

In correspondence with each published Product presented ingaiabellagio.it Gaia Bellagio indicates whether the same:

  • a) is available at its warehouses;
  • b) is not available at its warehouses;
  • c) is available "on request".

Gaia Bellagio explicitly reserves the right not to indicate the availability of the Products presented within gaiabellagio.it

The type of products published and their availability may change at any time without this entailing any liability of Gaia Bellagio towards the customer.

The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "unavailable" cannot be ordered by the Customer.

If there is an indication available "on request" for a Product, it means that such Product, at that time, is not immediately available, but can still be ordered. In this case the delivery times of the Product could be longer than the products indicated as available.

Gaia Bellagio may not process purchase orders which present incomplete, incorrect data or in case of unavailability of the Products.

In the event that the Products presented within gaiabellagio.it are no longer available or on sale at the time of sending the order form and Gaia Bellagio is not consequently, in the conditions for following up on the offer of purchase, Gaia Bellagio will inform the customer by email of this circumstance, refunding the sum previously paid.

5. Product warranties

Each product sold through gaiabellagio.it is subject to the legal guarantee, provided directly by Gaia Bellagio, in accordance with the law.

The guarantee must be enforced directly by the Customer within two months of the discovery of the defect, by sending a registered letter with return receipt to Gaia Bellagio, at the address in the introduction, indicating the defect found. For this reason, the Customer is required to keep the proof of purchase of the Product.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity .

After reporting the lack of conformity, Gaia Bellagio reserves the right to offer the Customer appropriate remedies available.

In the event of a lack of conformity, the Customer is in any case entitled to the restoration, without charge, of the conformity of the goods by repair or replacement, or to an adequate reduction in the price or termination of the Contract.

The Customer can ask Gaia Bellagio, at his choice, to repair the good or to replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.

A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies of repair or replacement does not give the right, in any case, to terminate the Contract.

6. After-sales assistance

After-sales assistance is carried out directly by Gaia Bellagio, who can be contacted for any need at the addresses in the premises.

7. Prices

The prices of the Products and the related delivery costs may be subject to updates and are to be understood inclusive of VAT, where applicable.

By way of example and not exhaustively, the price is inclusive of VAT if the Products are shipped and delivered within the European Union. If the Products are shipped and delivered outside the European Union, the Price is exclusive of VAT.

The prices of the Products, including all taxes and duties, are indicated in the product sheet. Delivery costs are indicated in the order form.

Shipping costs, included in the total cost shown, are charged to the Customer in a flat rate variable based on the total volume of the shipment.

The prices indicated in the product sheets are valid until the completion of the purchase procedures.

In the event that the price of a product is discounted and the percentage of discount and / or the full reference price is indicated, this indication will refer to the price normally applied within gaiabellagio.it

Any taxes, duties, duties and other charges provided for by the laws of the State where the Products will be delivered will be entirely borne by the Customer and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of delivery.

8. Payment methods

The customer can pay the price due through PayPal, (with PayPal account or credit card) or any other means of payment indicated in gaiabellagio.it

Gaia Bellagio reserves the right to vary or implement, at any time, the means of payment that can be used by the Customer, it being understood that those published in gaiabellagio.it will be considered usable when the Customer sends the order .

In the event of payment by credit card, the customer will be charged the price once the credit card data has been verified and the debit authorization has been received from the company issuing the credit card used by the customer.

The credit card data sent during the execution of the orders are protected and are sent directly to the banking company that manages the payments. Payment takes place directly on a secure server, with an SSL encryption key in order to guarantee absolute security of the transaction.

In case of payment through PayPal, when the customer sends the orders, the web session will be transferred to PayPal's secure website. On this website, the Customer can complete the payment of the price using his PayPal account and according to the conditions of use of the PayPal service subscribed by the Customer at that time or previously. The price is charged to the Customer's PayPal account at the same time as the order confirmation is sent. In no case will the price of the Products vary according to the chosen means of payment.

9. Shipping and delivery of products

Gaia Bellagio is not required to ship the Products until it has received payment of the price; once payment of the price has been received, Gaia Bellagio undertakes to ship the Products within the term of 5 working days. The terms of delivery provided here must be considered non-binding, non-essential and merely ordering. Gaia Bellagio cannot therefore be held responsible in any way for their failure to respect.

Gaia Bellagio guarantees the shipment of the Products, through express couriers selected from time to time according to the Product subject of the order and the place of destination, to the address indicated by the Customer at the time of registration or to a different address indicated by the Customer at when the order is sent.

The Customer can also check the status of orders thanks to the online "Shipping Tracking" function provided by the courier chosen for delivery, and available in his own Reserved Area. This verification can be carried out by the Customer only after the shipment of the Products. The Customer is required to verify, at the time of delivery of the Product, that the packaging and / or packaging of the Products are intact, not damaged, nor wet or in any case altered, also in the closing materials.

Any damage to the packaging or packaging of the Products must be immediately detected by the Customer by affixing a reservation reserve note affixed to the proof of delivery of the courier, as well as communicated to Gaia Bellagio by registered letter with return receipt. or equivalent technology.

Otherwise, and in particular, once the courier's document has been signed without any objection, the Customer cannot raise any objection with reference to the external characteristics of what has been delivered.

10. Right of withdrawal

The Customer has the right to withdraw from the Contract concluded with Gaia Bellagio without indicating the reasons and without any penalty within 14 (fourteen) days, starting from the day on which the Customer or a third party, other than the designated carrier, acquires physical possession of the product. The date indicated on the courier delivery document will prevail.

The right of withdrawal must be exercised by the Customer by sending Gaia Bellagio a written communication, by registered mail with return receipt or equivalent technology, containing the expression of willingness to exercise the right of withdrawal as well as indicating the order number which gave rise to the Contract from which you intend to withdraw. In order to exercise the right of withdrawal, the customer can use the appropriate "RETURN FORM", available for download in the footer of the gaiabellagio.it website

For the purposes of compliance with the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. Said communication can also be sent by telegram, telex, e-mail and fax, which must however necessarily follow confirmation by registered letter within the forty-eight (48) hours thereafter.

In case of exercise by the Customer of the right of withdrawal, the latter is required to return the Products to Gaia Bellagio without undue delay and in any case within 14 (fourteen) working days from the date of the communication of withdrawal. The deadline is thus met if the Customer returns the goods before the expiration of the period of 14 (fourteen) days from the sending of the withdrawal notice.

The Products will be returned to the following address Gaia Bellagio - Via Giuseppe Garibaldi, 66 (entrance also at Salita Plinio 18) - 22021 Bellagio (CO).

If the customer withdraws from this contract, all payments will be reimbursed for the balance paid to Gaia Bellagio for the total of the products ordered, excluding the costs of courier reshipment which in any case will be borne by the customer, without undue delay and in any case no later than 14 (fourteen) days from the day on which Gaia Bellagio was informed of the decision to withdraw from the Contract. These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly communicated otherwise to Gaia Bellagio otherwise; in any case, the Customer will not incur any costs as a consequence of this refund.

The refund can be suspended by Gaia Bellagio until the goods are received or until the Customer has demonstrated that he has sent the goods back, if previous.

The connected costs relating to the return of the Products are entirely borne by the Customer.

The Product must be returned intact, in the normal state of wear. If the customer exercises the right of withdrawal in a way that does not comply with the terms and conditions set out in this article, he will not be entitled to a refund.

11. Applicable law

The Contract is governed by Italian Law, without prejudice to any other mandatory rules prevailing in the Customer's country of residence.

In the event of a dispute arising from the interpretation and / or application of the Contract, the Court will be competent to decide on the merits of the Customer's place of residence or residence, if located in the territory of the European Union or, at the Customer's choice and in case of action taken by the Customer himself, the Court of Como. If the Customer is not a resident of the European Union, he will be competent to decide on the merits of the Court of Como, according to Italian law.

According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure can be started if the consumer, after submitting a complaint to the company, within thirty days, has not received a response or has received a response not deemed satisfactory by him. The customer who decides to use the Joint Conciliation procedure at one of the Conciliation Bodies available to the citizen.

Furthermore, to comply with European standards as an alternative for the consumer, the link to the dispute resolution platform, ODR: http://ec.europa.eu/consumers/odr/index_en.htm

12. Complaints

For any complaint, please contact Gaia Bellagio directly, at the addresses indicated.

In the event that a complaint sent by the Customer to Gaia Bellagio has had an unsatisfactory outcome for the Customer, or has remained unanswered by Gaia Bellagio, the latter undertakes to participate in the conciliation attempt possibly and freely promoted by the Customer.

Gaia Bellagio also informs the Customer that:

  • (I) that the conciliation procedure can only be initiated if the complaint presented by the Customer to Gaia Bellagio has had an unsatisfactory outcome for the Customer, or has remained unacknowledged within 30 days, deadline within which Gaia Bellagio undertakes to respond to complaints;
  • (II) the application for participation in the Joint Conciliation
  • (III) the person in charge of participating in the Joint Conciliation procedure and who will have the right to make and accept conciliatory proposals in the name and on behalf of Gaia Bellagio is Francesco Gaia Bellagio, domiciled for the purposes of the procedure at Gaia Bellagio.

13. Privacy

The Customer is required to read the privacy information directly in gaiabellagio.it on the "Privacy Policy" page.

14. Contact addresses

It is possible to contact Gaia Bellagio directly by writing to: Gaia Bellagio, Via Giuseppe Garibaldi, 66 (entrance also at Salita Plinio 18) - 22021 Bellagio (CO) or directly in gaiabellagio.it on the "Contact Us" page.

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.

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