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Terms and conditions

FOREWORD

SECTION A - INFORMATION EX. ART. 49 CONSUMER CODE
ART.1 - INFORMATION ABOUT THE SELLER
ART.2 - CHARACTERISTICS OF THE PRODUCTS/CUSTOMIZATIONS
ART.3 - AVAILABILITY OF PRODUCTS
ART.4 - PRICES OF PRODUCTS
ART.5 - PAYMENT
ARTICLE 6 - DELIVERY OF PRODUCTS
ART.7 - WITHDRAWAL
ART.8 - OUT-OF-COURT SETTLEMENT OF DISPUTES
ART.9 - DURATION

SECTION B - GENERAL PROVISIONS
ART.10 - CONTRACT FORMATION AND ORDER PLACEMENT
ARTICLE 11 - RESERVATION OF OWNERSHIP
ART.12 - INTELLECTUAL PROPERTY
ART.13 - SIGNATURE AND PROOF
ART.14 - RESPONSIBILITY
ART.15 - PERSONAL DATA
ARTICLE 16 - MODIFICATIONS
ART.17 - GENERAL CLAUSES

GENERAL CONDITIONS OF SALE


FOREWORD
These General Terms and Conditions of Online Sale (hereinafter, "GTC") govern the contract of sale and purchase (hereinafter, the "Contract") of the Products (hereinafter, the "Product" or the "Products") offered by Ganesh S.r.l.s. a Socio Unico - Capitale Sociale i.v. € 900,00 with registered office in Via G. Carducci, 9 - 20123 - Milano (MI), C.F. and P.IVA IT10283700960, registered with the REA of Milan n. 2519359 (hereinafter, "Ganesh S.r.l.s. a Socio Unico") - through its Web Site with online commerce www.imaladivale.com (hereinafter, the "Site") to those who have made a purchase on the Site (hereinafter, the "Purchaser") and, if not coinciding with the Purchaser, those who are Recipients of an online purchase made by the Purchaser (hereinafter, the "Order Recipient"). These GTC are intended to refer only and exclusively to Customers who qualify as "Consumers" within the meaning of art. 3, co. 1, lett. a), of Legislative Decree no. 206 of September 6, 2005, i.e. "natural persons acting for purposes unrelated to any entrepreneurial or professional activity carried out", as well as over 18 years of age.
All information contained in the Site is in the Italian language. Upon finalization of a purchase on the Site of Products by the Buyer (hereinafter, "Order"), the Buyer fully and unconditionally accepts these GTC as well as the General Conditions of Use of the Site. The Buyer declares that he/she has read all the above information and GTC before placing the Order. The Buyer, before placing the Order for the Product, declares that the purchase of said Product has no direct relation to his professional activity, their purchase being intended for personal use. He further declares that he has the legal capacity to engage in accordance with the provisions of these GTC.

SUBJECT
The purpose of these GTCV is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store www.imaladivale.com by Ganesh S.r.l.s a Socio Unico. The GTC applies to all sales, regardless of the device the Buyer uses (e.g., PC, smartphone, tablet, etc.). The GTC that apply to any given Order are those accepted by the Buyer at the time of the Order. In any case, Ganesh S.r.l.s. a Socio unico reserves the right to modify these GTC at any time and without any need for prior notice.

SECTION A - INFORMATION EX. ARTICLE 49 CONSUMER CODE


ART.1 - SELLER INFORMATION


Ganesh S.r.l.s. a Socio Unico
Via G. Carducci, 9
20123 - Milan (MI) - Italy (IT)
P.IVA: IT10283700960
TAX CODE: 10283700960
REA of Milan n. 2519359
Phone: +39.3483226503
Email: valentina@woocommerce-682868-2249231.cloudwaysapps.com
pec: imaladivale@legalmail.it
For any information needs related to the Order, the Buyer and/or the Order Recipient may contact Customer Service through the references indicated:
Phone: +393483226503 (Mon-Fri, 09.00-13.00 / 14.00-18.00)
email: valentina@woocommerce-682868-2249231.cloudwaysapps.com

ARTICLE 2 - PRODUCT CHARACTERISTICS


The Purchaser is entitled to identify and purchase one or more Products among those available for sale. The Purchaser may view on the Site, even before purchasing on the same, the information inherent to art. 49 Legislative Decree no. 206 of 09/2005 - Consumer Code, of which, by way of example without any claim to exhaustiveness: the price (including taxes), shipping costs, basic information of the Products and other data as provided by Italian law.
All I Mala di Vale di Ganesh S.r.l.s. a Socio Unico - I Mala di Vale products are the result of craftsmanship and therefore may be subject to color variations. The shades of the Products may vary between batches, but also within the same production batch, and this is a function of the fact that the Products are made from raw materials for which a variation in shade is usual and customary; any differences in color are therefore not to be considered defects but rather peculiarities and characteristics of the Products themselves. The workmanship of the material may not be identical between different items. Possible differences in thickness, surface processing and shade may occur between Products of the same color and/or different objects/codes. Images and photographs in catalogs, price lists, advertising and web materials are intended only to provide an orientation view of the Product. The colors and workmanship of the materials depicted should be considered as general and approximate indications of the Product and not binding with respect to the Product(s) delivered.

ARTICLE 3 - PRODUCT AVAILABILITY


The present offers are valid in time until the end of the presence on the Site itself and are limited in available quantities. The actual availability of the Products will be confirmed to the Buyer upon placing the Order, through an email confirming receipt of the Order (hereinafter, "Order Confirmation email"). In the event that due to systemic or organizational anomalies there is an error in the total or partial availability of the purchased Products, the Buyer or the Recipient of the Order will be immediately informed by email (to the address associated with his profile) or by telephone, regarding the total or partial cancellation of the Order. In the event that the Order is cancelled in full, the Buyer will receive a refund equal to the total value of the Order placed (to the payment card or PayPal account indicated by the Buyer for the purchase). If the Order is cancelled in part, the Buyer will receive a refund equal to the value paid for the Products that were found to be unavailable. In any event, Customer Service will contact the Buyer or Order Recipient to inform them with respect to the issue that has arisen and to try to best meet their expectations and management for the refund.

ARTICLE 4 - PRODUCT PRICES


The prices of the Products on sale are indicated in Euro currency and are valid at the time the Order is placed. Ganesh S.r.l.s. a Socio Unico may, in any event, change prices at any time and without notice and such changes will be made known to the Buyer before any Order already placed is sent. Prices quoted are inclusive of the VAT applicable at the time of the Order. If the applicable VAT varies, such variation will be promptly reflected in the prices.

ARTICLE 5 - PAYMENT


5.1 - METHOD OF PAYMENT
The Customer who intends to proceed with the purchase of the Products must express this will through a request made directly on the Site, in the section specifically dedicated, where, following the procedures indicated therein, he will send his Purchase Order and make payment. Orders are payable in Euros, including taxes and mandatory contributions, and any bank charges are the sole responsibility of the Buyer, even in refund situations.
Payment of consideration is due from the time of the Order. The Customer agrees to pay the agreed price for the Product ordered on the Site (price of the Products, transportation and any ancillary terms and conditions) using the available payment methods.
By finalizing an Order, the Buyer warrants to Ganesh S.r.l.s. a Socio Unico that he/she has the necessary authorizations to use the payment method selected during the Order. In any event, Ganesh S.r.l.s. a Socio Unico reserves the right, at its sole discretion, to cancel the preparation of an Order or the related shipment in cases of non-payment or partial payment and attempted fraud, even with reference to previous orders.

5.2 - MEANS OF PAYMENT
The Buyer warrants to Ganesh S.r.l.s. a Socio Unico that he/she has the necessary authorizations to use the method of payment chosen for his/her Order at the time the Order is placed.
Ganesh S.r.l.s. a Socio Unico has its own Business account on the PayPal platform, from which you can choose your preferred method of payment. In the final stage of the Order process, the Buyer is in fact redirected to the PayPal platform to finalize the purchase. The accepted payment methods are:
Credit Card: Visa, Maestro, MasterCard, American Express and their related circuits;
Prepaid card: Visa, Maestro, MasterCard, American Express and their related circuits;
PayPal account: if the Buyer has a PayPal account, he/she may choose to pay according to this mode.
In the case of payment by credit card, it is recommended to always have the SecureCode handy to speed up the purchase.

5.3 - SECURITY IN PAYMENT TRANSACTIONS
In the event of payment by credit card, Ganesh S.r.l.s. a Socio Unico reserves the right to request the sending, within 24 hours, of a copy of an identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested submission, Ganesh S.r.l.s. a Socio Unico may refuse the payment and cancel the Order. With the aim of ensuring the security of payments, if they are made by credit card, the Buyer will be required to indicate, during payment, the security code (CVV) of the card used. Ganesh S.r.l.s. a Socio Unico, with the aim of guaranteeing maximum security and correctness with regard to the transactions carried out, reserves the right to ask the Buyer for a copy of his or her identity card against each payment made. In the context of the fight against fraud with respect to payments over the Internet, information related to the Buyer's Order may be transmitted to third parties authorized by law and designated by Ganesh S.r.l.s. a Socio Unico with the sole purpose of verifying the identity of the Buyer and/or the Recipient of the Order, the method of payment, the validity of the Order and the place of delivery.
Ganesh S.r.l.s. a Socio Unico has its own Business account on the PayPal platform, which monitors every single transaction 24 hours a day to prevent fraud, phishing emails, identity theft and other unpleasant situations. PayPal's advanced automated encryption systems help maintain high standards of protection. In addition, www.ilcocciodesign.com uses the Secure Sockets Layer (SSL) secure communication protocol to authenticate the website visited, protect privacy and maintain the integrity of the data exchanged between the communicating parties.

ARTICLE 6 - DELIVERY OF PRODUCTS


6.1 - GENERAL RULES
Deliveries are made from Monday to Friday, during working days only, thus excluding Italian holidays.
Orders received will be shipped within six (6) working days from the order confirmation that will be sent to the Buyer once the availability of the requested product has been verified.
Ordered Products are delivered to the address indicated by the Buyer as the delivery address.
Shipping costs amount to.
- Euro 6.00 for domestic transports
- Euro 15.00 for transport within the European Union
Once you have entered your shipping address, you will still be able to view the amount before completing your payment.
Any delivery surcharges and shipments to hard-to-reach zip codes will incur an extra cost, which will be displayed directly on the Order Confirmation before proceeding to the final stage of payment. Delivery, unless specified as per the ancillary condition, is at street level. Deliveries to hard-to-reach zip codes (by way of example: smaller islands, Venice, Livigno and Campione) will result in variations in the transportation rates indicated. Fiscal documents pertaining to the Order (e.g., invoice, if required) are emailed to the Buyer at the electronic address specified during the Order or linked to their account on the Site. Ganesh S.r.l.s. a Socio Unico therefore undertakes to deliver the Products to the address communicated by the Customer in the Purchase Order, by means of the carrier appointed to transport the same. Delivery is made by couriers selected by Ganesh S.r.l.s. a Socio Unico; Post Office Boxes are not considered valid addresses for delivery purposes. Ganesh S.r.l.s. a Socio Unico cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the completion of the Purchase Order by the Customer. Furthermore, Ganesh S.r.l.s. a Socio Unico may not be held liable for any damages that may occur to the Products after delivery to the carrier in charge of their transportation, as well as for delays in delivery attributable to the latter.

6.2 - METHOD OF SHIPMENT OF THE PRODUCTS
The delivery to the Recipient of the Order provides for the signature for acceptance on the proof of delivery that the carrier's appointee will file with a record on the PDA provided and the relative name of the person collecting. In this sense, the scanned signature is actual proof of delivery and cannot be challenged. Indeed, no dispute can be raised concerning the shipment itself in the event that the package appears to have been delivered. For this purpose, as mentioned above, the carrier's computer system is authentic. Upon delivery, the Customer must check the contents, conformity and condition of the Product(s). In case of delays, failures, total or partial loss or other problems, it is the Customer's right to appeal to the carrier without Ganesh S.r.l.s. a Socio Unico being ever held liable. Therefore, upon delivery, Ganesh S.r.l.s. a Socio Unico recommends that the Customer, before signing the receipt document, proceed to check the condition of the delivered Products. If anomalies are found, the Customer must refuse delivery of the Products or put in writing its reserves, detailed and dated. Such reservations must be confirmed to Ganesh S.r.l.s. a Socio Unico by registered mail with return receipt within three working days after delivery of the Products. Otherwise, the Recipient must, in any case, in any situation in which the Order has not been delivered in optimal conditions, i.e. the purchased Products received in the correct quantities and without any problem of conformity or damage, contact Customer Service, in the time and manner described in these GTC. In particular, through contact with Customer Service, the latter will do its best to resolve the problems that have occurred, within the limits already indicated in these GTCV, and explaining to the Recipient of the Order how to proceed and, if where possible, alternatives of choice to proceed.
In the event of the Recipient's absence during delivery, the carrier will leave a passing notice at the delivery address provided by the Customer and will still leave on the next business day following the date of the first delivery attempt. In the event of absence of the Recipient also at the second delivery attempt, the Products will be returned to Ganesh S.r.l.s. a Socio Unico, which reserves the right to refund the price of the Products, deducted, however, of the shipping costs incurred for the return transport and the administrative management of the return, quantifiable in advance in € 10.00, and which will be the sole responsibility of the Customer.

6.3 – DIFETTI, NON CONFORMITÀ E DANNI AI PRODOTTI
In riferimento a quanto previsto dal Codice del Consumo, ai sensi dell’articolo 129 ss, nell’ipotesi in cui si dovessero verificare casi di difetti di conformità dei Prodotti acquistati, l’Acquirente avrà diritto ad una garanzia che concerne da un lato il ripristino di conformità del Prodotto, senza alcuna spesa, dall’altro la sostituzione del Prodotto medesimo (art. 130 e 132 del Codice del Consumo). Nell’ipotesi in cui tali facoltà fallissero sarà possibile applicare una riduzione del prezzo o infine, sarà possibile risolvere il contratto. La parte Acquirente sarà obbligata alla denuncia di non conformità del bene compravenduto entro il termine di due (2) mesi dalla data di ricezione dell’Ordine; trascorso tale periodo, l’Acquirente perde ogni diritto. Si precisa che un difetto di conformità di lieve entità per cui non è possibile esperire il rimedio della riparazione/sostituzione non dà diritto alla risoluzione del contratto. Si invita comunque il Destinatario dell’Ordine a controllare lo stato del pacco e dei Prodotti contestualmente alla ricezione dell’Ordine. Qualora si verificassero delle anomalie relativamente al pacco ricevuto (aperto, danneggiato o di altra tipologia) oppure ai Prodotti stessi (in aggiunta, danneggiati o difettosi), l’Acquirente o il Destinatario dell’Ordine sono tenuti a rendere a Ganesh S.r.l.s. a Socio Unico i Prodotti, come da procedure di seguito dettagliate nelle presenti CGV.
Nel caso in cui non si rispettino le modalità indicate si escludono automaticamente Ganesh S.r.l.s. a Socio Unico ed il proprio vettore da qualsiasi ricorso, incluso il diritto di rimborso dell’Ordine e la riconsegna dei Prodotti. Il Destinatario dell’Ordine dovrà, ad ogni modo, in qualunque situazione in cui l’Ordine non sia stato consegnato in condizioni ottimali, vale a dire i Prodotti acquistati/ricevuti nelle quantità corrette e senza alcuna problematica di conformità o danneggiamento, contattare il Servizio Clienti, nei tempi e nelle modalità descritte nelle presenti CGV.
In particolare, tramite contatto con il Servizio Clienti, quest’ultimo farà quanto meglio possibile per risolvere le problematiche verificatesi, nei limiti di quanto già indicato in queste CGV, e illustrando al Destinatario dell’Ordine le modalità a procedere e, se e laddove possibile, alternative di scelta a procedere. Il Destinatario dell’Ordine, in caso di reso, dovrà attenersi alle modalità dettagliate dal Servizio Clienti, altrimenti ogni pretesa di rimborso o sostituzione dei Prodotti interessati decadrà automaticamente.
Procedure da seguire obbligatoriamente in caso di visibile danneggiamento del pacco per avvio di restituzione a Ganesh S.r.l.s. a Socio Unico.
Qualora, al momento della consegna, il Destinatario dell’Ordine sospettasse un possibile caso di manomissione o danneggiamento del pacco, dovrà rifiutare il pacco stesso oppure accettarlo con riserva, comunicandolo contestualmente in maniera chiara e dettagliata all’incaricato del vettore. Qualora il Destinatario rifiutasse il pacco o, dopo averlo accettato con riserva, si verificassero dei problemi di danneggiamento o manomissione, il Destinatario dovrà segnalare dettagliatamente e tempestivamente la situazione al Servizio Clienti, nei termini e nelle modalità descritte nelle presenti CGV.
Procedure da seguire obbligatoriamente in caso si tratti di Prodotti difettosi, danneggiati o in quantità diverse da quelle acquistate.
L’Acquirente o il Destinatario dell’Ordine, qualora si verifichi un caso di Prodotti difettosi, danneggiati o mancanti, dovrà segnalare tempestivamente la situazione al Servizio Clienti, nei tempi e nelle modalità descritte nelle presenti CGV. Il Servizio Clienti, con l’unica finalità di aiutare l’Acquirente o il Destinatario dell’Ordine nella risoluzione del problema verificatosi, potrà richiedere informazioni relative all’identità dell’Acquirente o del Destinatario dell’Ordine procedendo con qualunque verifica che possa ritenersi utile. Identificata la situazione e trovata una modalità risolutiva, il Servizio Clienti indicherà all’Acquirente o al Destinatario dell’Ordine la procedura che quest’ultimo dovrà seguire per la restituzione dei Prodotti interessati.
Una volta ricevuti i Prodotti, Ganesh S.r.l.s. a Socio Unico verificherà che tali Prodotti siano effettivamente difettosi, danneggiati o non corrispondenti all’Ordine. Ove tale verifica sia positiva, in conformità a quanto previsto dall’art. 130 e seguenti del Codice del Consumo, Ganesh S.r.l.s. a Socio Unico sostituirà il Prodotto difettoso, danneggiato o non conforme e lo invierà all’Acquirente nel più breve tempo possibile ed in ogni caso entro trenta (30) giorni lavorativi dalla ricezione dei Prodotti. Le spese di spedizione saranno interamente a carico di Ganesh S.r.l.s. a Socio Unico. Nel caso in cui Ganesh S.r.l.s. a Socio Unico non sia in grado di procedere alla sostituzione dei Prodotti entro il suddetto termine, Ganesh S.r.l.s. a Socio Unico ne darà immediata comunicazione all’Acquirente all’indirizzo di posta elettronica indicato al momento della registrazione e rimborserà all’Acquirente il costo di tali Prodotti e delle spese di spedizione, ove l’Acquirente fornisca prova del costo sostenuto per restituire i Prodotti in oggetto. Il rimborso del prezzo verrà effettuato da Ganesh S.r.l.s. a Socio Unico con le modalità scelte a sua discrezione nel più breve tempo possibile, ed in ogni caso entro 30 (trenta) giorni lavorativi dalla data in cui riceverà i Prodotti.
Nel caso in cui invece, dopo aver esaminato i Prodotti restituiti, Ganesh S.r.l.s. a Socio Unico ritenga ragionevolmente che i Prodotti non possano essere considerati difettosi, danneggiati o non conformi alla descrizione sul Sito, l’Acquirente non avrà diritto al rimborso e i Prodotti gli verranno restituiti a sue spese.
Tutti i Prodotti di Ganesh S.r.l.s. a Socio Unico – i Mala di Vale, sono il risultato di una lavorazione artigianale e per questo possono essere soggetti a variazioni cromatiche. Le tonalità dei Prodotti possono variare tra un lotto e l’altro, ma anche all’interno del medesimo lotto produttivo, e ciò in funzione del fatto che i Prodotti sono costituiti da materie prime per le quali è consueta ed usuale una variazione di tonalità; eventuali differenze di colore non sono quindi da considerarsi difetti bensì peculiarità e caratteristiche dei Prodotti stessi. Il grado di levigatura e ogni altra lavorazione del materiale possono non essere identici tra i diversi oggetti, anche all’interno del medesimo lotto produttivo. Potrebbero verificarsi tra Prodotti di uguale cromia e/o oggetti/codici differenti, eventuali differenze di spessore, lavorazioni di superficie (levigatura) e tonalità. Le immagini e le fotografie presenti su cataloghi, listini, materiali pubblicitari e web, hanno il solo scopo di fornire una visione orientativa del Prodotto. I colori e le lavorazioni dei materiali rappresentati devono essere considerati come indicazioni generali e approssimative del Prodotto e non vincolanti rispetto al/ai Prodotto/i consegnato/i.
Nell’ulteriore caso in cui l’Acquirente riceva quantità di Prodotto maggiori di quelle acquistate e/o Prodotti non acquistati, l’Acquirente dovrà contattare il Servizio Clienti, nei tempi e nelle modalità descritte nelle presenti CGV. Il Servizio Clienti predisporrà, in accordo con l’Acquirente, un passaggio da parte del vettore Ganesh S.r.l.s. a Socio Unico per il recupero dei Prodotti interessati. In questo caso, i costi di rientro sono interamente a carico di Ganesh S.r.l.s. a Socio Unico.

6.4 - SHIPPING TIME AND COST

Delivery times for Order shipments, which run from the time the ordered product is delivered to the carrier, generally range from three (3) to five (5) business days. Such returns may extend by approximately one (1) day if delivery is to hard-to-reach zip code locations and/or islands.
Shipping charges are approximately
- Euro 6.00 for national transports
- Euro 15.00 for transport in the European Union
Shipping costs are clearly indicated to the Buyer before the Order is concluded by the same, and may vary according to any additional ancillary costs related to the delivery itself that the Buyer may decide to request, as well as according to the delivery address.
Shipments to hard-to-reach zip codes entail an extra cost that is automatically displayed on the Order confirmation before proceeding to the final stage of payment.
Ganesh S.r.l.s. a Socio Unico reserves the right to vary these costs without any prior notice to the Buyer, even, by way of example, in the case of reducing or zeroing them for promotional reasons. In any case, the costs charged at the time of the Order will not be varied for the Order itself and become effective from the date of change, as made known to the Customer during the finalization of the Order.

ARTICLE 7 - WITHDRAWAL


7.1 - RIGHT AND TERMS FOR THE EXERCISE OF WITHDRAWAL
Pursuant to Article 52 of the Italian Consumer Code and subject to the exclusions set forth in Article 59 of the same code (see in particular the case of the purchase of clearly personalized goods or the supply of sealed goods that are not suitable to be returned for hygienic reasons or reasons related to health protection and that have been opened after delivery) the Buyer may, within the period of fourteen (14) days from the acquisition of physical possession of the package containing the ordered goods or, in the case of the purchase of multiple goods ordered by the Buyer in one Order and delivered separately, from the acquisition of physical possession of the last purchased good, withdraw from the purchase contract without penalty and without any reason. Full proof of receipt is the date shown on the proof of delivery. As provided for in Legislative Decree 6/9/2005 No. 206 and Article 55 of the Consumer Code and as briefly mentioned above, the right of withdrawal regulated by these GTCV does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly. In any event, the provisions of these GTC in the event of conformity defects or damage relating to the Products shall remain unaffected.
If the Product has already been delivered, the Customer must return it to Ganesh S.r.l.s. a Socio Unico. To this end:
the deadline for the return of the Product is fourteen (14) days from the notice of withdrawal (in the case of reshipment by the Customer, the Customer must provide proof of shipment). For the purposes of the expiration of the term, the Product shall be deemed to have been returned at the time it is delivered to the post office and/or accepting carrier;
where there has been delivery of the Product, the substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. The Customer must send the Product properly packaged and packaged; Ganesh S.r.l.s. a Socio Unico will not accept damaged returns, but kept in a normal state of preservation, kept with the use of normal diligence. Products damaged by detergents/additives, or Products damaged by the Customer due to inexperience will not be replaced or refunded. The Customer must place inside the box/packing envelope a copy of the delivery document received and a copy of the return notice. transportation risks for the return of Products are fully borne by the Customer;
with reference to the costs of return, these shall be borne exclusively by the Buyer or the Recipient of the Order, as provided for in Article 57 of the Consumer Code. If the Customer exercises the right of withdrawal in accordance with the provisions set forth in these GTCV, Ganesh S.r.l.s. a Socio Unico will refund the amounts paid by the Customer on the same means of payment used by the Customer for the original transaction (Credit Card or Paypal account), unless otherwise indicated by the Customer. The refund will take place, free of charge, within the term of fourteen (14) days from the date on which Ganesh S.r.l.s. a Socio Unico became aware of the exercise of the right of withdrawal by the Customer, without prejudice to the right of Ganesh S.r.l.s. a Socio Unico to withhold the refund until the goods have been returned or until the Buyer has demonstrated that he or she has returned the goods covered by the Order (depending on the timing of the occurrence of either situation).

7.2 - HOW TO EXERCISE THE RIGHT OF WITHDRAWAL
In the event the right of withdrawal is exercised, the Purchaser or the Order Recipient must return the Products by sending them to the address specified below. The Purchaser or the Recipient of the Order, agreeing with the Customer Service in this regard, may decide whether to return the Products to Ganesh S.r.l.s. a Socio Unico using a courier of their preference or the Italian Postal Service. The costs of return shall be borne entirely by the Purchaser and/or Order Recipient (Article 57 of the Consumer Code), except in the event that the withdrawal results from the delivery of defective, non-conforming, damaged or missing Products, in which case Ganesh S.r.l.s. a Socio Unico shall reimburse the Purchaser and/or Order Recipient for any shipping costs incurred. It will still be the responsibility of the Order Recipient to take the action of shipping the Products concerned with a service that allows traceability and confirmation of delivery to destination. It is strictly necessary, however, that the Buyer does not act independently before agreeing with the Customer Service, but rather contact it in the time and manner described in these GTC. On the other hand, in the event that it is Ganesh S.r.l.s. a Socio Unico that organizes the pickup through its own organized carriers, the shipping costs related to the return transport and administrative management, borne by the Buyer and/or Recipient of the Order, are calculated in advance at an amount of €10 (for the whole of Italy, except for the zip codes of difficult to reach which entail surcharges in the transport rates indicated). In order to be able to exercise the right of withdrawal, the Products must be returned to Ganesh S.r.l.s. a Socio Unico in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, and in any case not opened nor discarded nor used in any way. The Buyer must therefore pack the goods using the original packaging. If this is not possible, a cardboard/envelope package strong enough to prevent the Goods from arriving damaged at their destination must still be used, and the package(s) must be shipped to the following address:
Ganesh S.r.l.s. a Socio Unico Via G. Carducci, 9
20123 - Milan (MI) - Italy
Only correctly addressed packages will be accepted. The Order Recipient is solely responsible for any risk related to the return of the Products.
The return for right of withdrawal is applied, as for the other possible cases of return, with a necessary contact between the Buyer or the Order Recipient and the Customer Service.
To exercise the right of withdrawal, the Buyer must give notice to Ganesh S.r.l.s. a Socio Unico through an explicit statement by email to valentina@woocommerce-682868-2249231.cloudwaysapps.com before the expiration of the applicable withdrawal period.

ARTICLE 8 - OUT-OF-COURT SETTLEMENT OF DISPUTES


The Purchaser has the right in its unfathomable judgment to promote the resolution of any dispute extrajudicially in all the ways that our legal system allows for such activity such as, by way of example, through the mediation procedure referred to in Legislative Decree 28/2010 or L. 162/2014.

ART.9 - DURATION.


These GTC, as amended from time to time, shall be deemed to apply for as long as the Products are offered for sale. In any event, Article 14 Liability, of these GTC, shall be deemed to apply even after the termination of these GTC.

SECTION B - GENERAL PROVISIONS


ART.10 - CONTRACT FORMATION AND SENDING ORDERS


Each Order placed by the Buyer on the Site is to be considered an offer to purchase towards the Products offered for sale by Ganesh S.r.l.s. a Socio Unico and an unconditional acceptance of the Terms of Use and Privacy. At the final stage of the Order process, the Buyer explicitly accepts these GTC, prices, quantities, volumes, general characteristics and shipping times/costs of the Products purchased. Any Order confirmation signed by the validation click constitutes an irrevocable commitment of the Customer that can be called into question only in the cases provided by this contract in articles "7. Right of withdrawal" and "3. Availability of the Products."
The conclusion of the contract will take place only upon confirmation of the Order by Ganesh S.r.l.s. a Socio Unico. The Customer will receive by email a notification of receipt showing the Order confirmation with all the constituent elements of the contract (including Products ordered, prices, delivery dates, shipping costs). With reference to email communications sent by Ganesh S.r.l.s. a Socio Unico to the Buyer in reference to the Order, the Buyer is to be considered informed that the communications will be sent to the email address that the Buyer indicated during registration on the Site or during the Order process. If the e-mail address entered is incorrect or non-existent, the non-receipt by the Buyer or the Order Recipient of the indicated communications shall be considered the sole responsibility of the Buyer and the sale shall in any event be considered final.
Ganesh S.r.l.s. a Socio Unico reserves the right not to confirm an Order for any reason pertaining in particular to a problem with the supply of Products, or a problem concerning the Order received. Ganesh S.r.l.s. a Socio Unico reserves the right in its sole discretion to reject the Buyer's Order in cases where it deems it reasonably necessary; by way of example:
the Products ordered are no longer available on the Site;
data relating to the Products, for example price or description, purchased are found to be incorrect;
the information provided by the Purchaser for the execution of the Order (e.g., payment card number, expiration date or security code number of the card used for payment, turns out to be incorrect; incorrect billing address (e.g., if the billing address provided does not match the information in the possession of the bank or payment card company); insufficient or incorrect shipping address, etc.) turned out to be incorrect or incomplete;
the information provided for the execution of the Order is misleading or there is a suspicion of fraud.
In addition, upon non-payment or partial payment, Ganesh S.r.l.s. a Socio Unico reserves the right to discontinue the processing of an Order or the respective delivery, regardless of the status of either aspect. Ganesh S.r.l.s. a Socio Unico will proceed as just indicated even in the event of fraud and in any case also with reference to any previous Orders.
Ganesh S.r.l.s. a Socio Unico shall not be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the Purchase Order by the Customer. Furthermore, Ganesh S.r.l.s. a Socio Unico may not be held liable for any damages that may occur to the Products subsequent to delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.

ARTICLE 11 - RETENTION OF TITLE


The transfer of risks to the Customer occurs upon delivery of the Products to the carrier by Ganesh S.r.l.s. a Socio Unico. Ganesh S.r.l.s. a Socio Unico reserves ownership of all Products ordered until the full amount of the Order price including all charges is paid.

ARTICLE 12 - INTELLECTUAL PROPERTY


Ganesh S.r.l.s. a Socio Unico informs that the Site, as well as all the Trademarks and distinctive signs used in connection with the sale of the proposed Products, are protected by the applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation thereof, in whatever form and for whatever purpose they occur, is prohibited. Ganesh S.r.l.s. a Socio Unico reserves the right to take legal action to protect these aspects.

ARTICLE 13 - SIGNATURE AND PROOF


With reference to the use of the data communicated by the User, Ganesh S.r.l.s. a Socio Unico will comply with the provisions of Legislative Decree 196/2003 - Code regarding the protection of Personal Data. The User on its part shall ensure diligent behavior so that the data entered by the latter provide proof of the identity of the Buyer and determine any possible Order confirmation with consequent right to payment of the price indicated. Ganesh S.r.l.s. a Socio Unico shall not be responsible in any way for the misuse and possible disclosure to third parties of information of access data of the Buyer. The validation click constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

ARTICLE 14 - RESPONSIBILITY


14.1 - CAPACITY TO CONTRACT
By accessing the purchase methods described, the Buyer expressly declares that he/she has the capacity to carry out such buying and selling activity in accordance with the provisions of Italian law, both with reference to the age of majority and with reference to the method of payment and the use of a purchasing system, including through a credit card or similar. Ganesh S.r.l.s. a Socio Unico declines all responsibility for the declarations of the Buyer and the and the actual truthfulness of what the latter responsibly undertakes to declare.

14.2 - LIMITATION OF LIABILITY
Ganesh S.r.l.s. a Socio Unico shall not be held liable for any breach inherent to these GTCV if the liability for said breaches is attributable to an event of force majeure, the fault of the Purchaser, the act of a third party and in, any case, nothing that is not the direct or indirect responsibility of Ganesh S.r.l.s. a Socio Unico. Ganesh S.r.l.s. a Socio Unico manifestly disclaims any and all liability for direct or indirect damages whether foreseeable or unforeseeable, connected with or, for any reason, related to the Buyer's use of the Site; in any event, subject to the foregoing premises, liability shall always be limited to the amount paid by the Buyer and with reference to the purchase of the Product. The Product descriptions and images on the Site correspond to what is made available by Ganesh S.r.l.s. a Socio Unico stessa. The photographs and videos presenting the Products accompanying the descriptive information are published on the Site by way of description, taking into account the fact that the quality of the images, including an exact display of the color variants, may depend on software and computer tools used by the Customer at the time of connection to the Site. Ganesh S.r.l.s. a Socio Unico does not assume any responsibility for problems caused to the Customer by the use of the Site and the technologies employed as they are not dependent on its own will.

ARTICLE 15 - PERSONAL DATA


Ganesh S.r.l.s. a Socio Unico is the owner of the Personal Data collected at the time of registration to the Site, as well as those subsequently communicated at the time of purchase by the Customer, except for data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place.

ARTICLE 16 - AMENDMENTS


Any update of these GTC may be made unilaterally by Ganesh S.r.l.s. a Socio Unico, which will provide for the timely communication on the Site, so that consequently, they are carefully reviewed by the Buyer before proceeding with the purchase. It is specified that any changes will be applicable and valid only if they precede orders already sent and accepted by Ganesh S.r.l.s. a Socio Unico.

ARTICLE 17 - GENERAL CLAUSES


17.1 - PARTIAL INVALIDITY
These GTC constitute the entirety of the obligations of the parties. No other general or particular conditions communicated by the Customer shall be incorporated into or exempt from these GTC. Should one or more provisions of these GTC be declared invalid or ineffective due to a legislative change or as a result of a ruling by a competent judicial authority, the other provisions of these GTC shall remain in full force and effect.

17.2 - WAIVER
The circumstance that one of the parties does not enforce against the other a breach of any of the obligations contained in these GTC shall not be construed as a waiver to obtain performance of the obligation in question in the future.

17.3 - APPLICABLE LAW AND COMPETENT JURISDICTION
The contract of sale between the Buyer and Ganesh S.r.l.s. a Socio Unico shall be deemed concluded in Italy and governed by Italian law. Any dispute relating to the existence, interpretation, execution or termination of these GTCV and/or the contract concluded between the Buyer and Ganesh S.r.l.s. a Socio Unico, shall be devolved, in the absence of a settlement, to the exclusive jurisdiction of the Italian Courts having jurisdiction based on the place of residence or domicile of the Buyer, if located in Italian territory.

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