This document sets forth the general terms and conditions of use of the website www.guidogobino.com offering sweets, tastings, and factory and store visits provided by the owner of the Application
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
- Owner: Guido Gobino srl, headquartered at Via Cagliari 15/B, 10153 Turin, VAT No./Fiscal Code 02646140018, fully paid-up share capital €350,000.00, PEC address email@example.com
- Application: the website www.guidogobino.com
- Products: the tangible products, services, sold by the Holder
- User: any individual who accesses and uses the Application
- User Consumer: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any
- Professional User: the natural person of age or legal person who concludes a contract for the performance or needs of his or her business, trade, craft or professional activity
- Content: any textual or multimedia items on the Application, by way of example, ads, listings, reviews, images, etc.
- Terms: this contract governing the relationship between the Owner and Users and the sale of the Products offered by the Owner through the Application.
- Scope of the Conditions
Use of the Application implies User’s acceptance of the Terms. If you do not intend to accept the Terms and/or any other notices, legal notices, disclosures published or referred to therein, you may not use the Application or its services.
The Conditions may be changed at any time.
The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, you should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to vary at its own discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
- Purchasing through the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, delivery time, ancillary charges, etc.). Some errors, inaccuracies or small differences between what is published on the Application and the actual Product may show up. In addition, any pictures of the Products are representative only and do not constitute a contractual element.
Purchases of one or more Products through the Application are allowed for both Consumer and Professional Users.
Individuals are allowed to make purchases only if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will count as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, in its sole discretion, have the right to accept or reject the User’s order without the User being able to object or complain about anything in any capacity and/or reason.
The contract for the sale of the Products shall be deemed to be concluded upon the Holder’s acceptance of the User’s contract proposal . The Owner will accept the User’s contract proposal by sending the order confirmation to the e-mail address provided by the User, which will contain the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the time of supply and performance, the delivery address, the time and any delivery costs, the way to exercise the right of withdrawal or its possible exclusion, and the guarantee.
The contract for the sale of the Products shall not be deemed effective between the parties in default of the preceding paragraph.
In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract shall be deemed to be completed with respect to the Products accepted by the Holder.
The User agrees to verify the correctness of the data in the order confirmation and to immediately notify the Holder of any errors and will keep a copy of its order, its confirmation and the Conditions.
The Application offers Subscription Products. Features and how to subscribe are detailed in the Application.
To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any subscription charge will begin on the specified date and with the frequency indicated at the time of subscription.
The subscription is renewed in the manner and timeframe specified in the Application.
Users can disable renewal through the Application or by sending a notice to firstname.lastname@example.org or by changing the preferences of the payment method used.
- Prices and payments
The price including VAT, if due, is shown for each Product. Where the nature of the Product means that it is impossible to calculate it in advance, the manner in which the price is calculated is indicated.
In addition, any taxes, additional fees, and delivery charges that may vary depending on the destination, delivery method chosen, and/or payment method used will be indicated. Where such expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Holder reserves the right to change, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change.
The User agrees to pay the price of the Product at the time and in the manner specified in the Application and to communicate all necessary data that may be required.
The Application uses third-party tools for payment processing and in no way comes into contact with the payment information provided (credit card numbers, cardholder name, passwords, etc.).
Should such third party instruments deny authorization for payment, the Holder may not supply the Products and may not be held liable in any way.
The User who wishes to receive an invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be authentic, releasing to the Holder every ample indemnity in this regard.
- Method of delivery of material products
The tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time customarily required to deliver the Product from the time the courier takes delivery.
In the event that it is not possible to supply the requested Products, timely notice will be given by e-mail to the User, including an indication of when delivery is expected or the reasons why delivery is impossible.
If the User does not wish to accept the new term or delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for refund.
Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User may not object to any dispute about the external characteristics of the delivered Products.
The Owner shall not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to perform due to force majeure.
- Mode of service delivery
The Owner will provide the services to the User, in the manner and in the term indicated on the Application and stated in the order confirmation.
In the event that it is not possible to provide the requested services within this period, timely notice will be given to the User by e-mail, including an indication of when it is expected to be able to provide them or the reasons why provision is impossible.
If the User does not wish to accept the new term or the supply has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date the Holder became aware of the request for refund.
- Users’ right of withdrawal from the purchase of material Products
The User Consumer has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address email@example.com, using the optional withdrawal form in the following article or any other written statement.
In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.
The Professional User has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product by sending a written notice to the e-mail address firstname.lastname@example.org, using the optional withdrawal form in the following article or any other written statement.
In the case of separate delivery of several Products, ordered by the Professional User in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the User shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost.
In the event of a properly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated that he/she wished to withdraw from the contract.
The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Holder, unless he or she has offered to pick up the Product himself or herself, may withhold the refund until he or she has received the Product or until the Consumer User has demonstrated that he or she has returned the Product.
The Holder will not accept a return if the Product is found to be malfunctioning due to misuse, neglect, physical, cosmetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral product elements (accessories, parts, etc.). In such cases, the Holder will return the purchased Product to the sender and charge the sender for the shipping costs.
The User acknowledges and agrees that withdrawal from a subscribed subscription will not result in the return of any amounts for Products already received.
- Users’ right of withdrawal from the purchase of services
The User Consumer has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract by sending a written notice to the e-mail address email@example.com, using the optional withdrawal form in the following article or any other written statement.
The Professional User has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract by sending a written notice to the e-mail address firstname.lastname@example.org, using the optional withdrawal form in the following article or any other written statement.
In the event of a properly exercised withdrawal, the Holder will refund to the User the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User gave notice to withdraw from the contract.
The User acknowledges and agrees to lose the right of withdrawal after the complete performance of a service. Where the provision of the service has not been fully performed and the User wishes to withdraw from the contract, he remains obliged, however, to pay the Holder an amount proportional to what has been performed up to the time he has exercised the right of withdrawal.
The User acknowledges and agrees that withdrawal from a subscribed subscription will not result in the return of any amounts related to Products already used or dispensed.
- Cases of exclusion of the User’s right of withdrawal
The right of withdrawal from the contract of sale or supply of Products by the User is excluded relatively:
- to the provision of Products whose price is linked to fluctuations in the financial market that the Holder is unable to control and that may occur during the withdrawal period
- to the supply of custom-made or clearly customized Products
- To the supply of Products that are likely to deteriorate or expire rapidly. This category includes all Foodstuffs (including beverages) whose characteristics are also subject to alteration as a result of inappropriate storage
- to the supply of sealed Products that are not suitable for return for hygienic or health protection related reasons and have been opened after delivery
- to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
- to contracts where the User has specifically requested a visit from the Owner or an appointed professional for the purpose of performing urgent repair or maintenance work. If, during such a visit, the Owner or a contracted professional provides services in addition to those specifically requested by the User or goods other than spare parts needed to perform maintenance or repairs, the right of withdrawal applies to such additional services or goods
- To the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery
- To the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
- To contracts concluded at a public auction.
- to the provision of housing for non-residential purposes, transportation of goods, car rental services, catering services, or services related to leisure activities if the contract provides for a specific date or period of performance
For further clarification, contact the Holder at email@example.com.
- Optional form to exercise the right of withdrawal
- The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org before the withdrawal period expires:
I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________
Ordered on: _______
First and last name: _______
E-mail associated with the account from which the order was placed: ____________________
- Warranty of Material Products for Professional Users
In relation to material Products, Professional Users will be subject to the warranties for defects in the thing sold, the warranty for defect in promised and essential qualities and the other warranties provided for by the Civil Code with the relevant terms, forfeitures and limitations (art. 1490 et seq. c.c.).
- Warranty of Conformity of Material Products for Consumer Users
Consumer Users are granted the warranty of conformity, provided for in Articles 129 et seq. of the Consumer Code, for all material Products sold through the Application, except for the cases of exclusion provided for in Article 128 of the Consumer Code.
The Holder is liable to the User Consumer for any lack of conformity that becomes apparent within two years of delivery. During the first year, the User Consumer is not required to prove that the defect existed at the time of delivery since it is presumed to have existed on that date, unless such assumption is inconsistent with the nature of the Material Product or the nature of the conformity defect.
If the User Consumer wishes to take advantage of the remedies under the conformity warranty, he/she should send written notice to email@example.com.
The Holder will promptly give feedback and indicate to the Consumer User the procedure to be followed.
For matters not provided for in this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, shall apply.
- Content submitted by Users
The User may upload Content to the Application as long as it is not unlawful (i.e., obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not otherwise detrimental to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss or expense.
You warrant that Content is submitted to the Application through your account by those of age. For minors, submission of Content must be screened and authorized by parents or those exercising parental responsibility.
The User is totally and exclusively responsible for the use of the Application with respect to the functions of publication, consultation, management of Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Content and his/her own behavior.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User for the purpose of appropriating his or her identity, or otherwise misrepresent the origin of Content.
The Owner is unable to ensure timely control over the Content received and reserves the right at all times to delete, move, edit those that, in its discretion, appear to be illicit, abusive, defamatory, obscene or infringing of copyrights and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use over the submitted Content, without restriction of geographic areas. The Owner may therefore, directly or through third parties of its trust, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works from, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any mode of communication) in any form, any Content (including images, messages, including audio and video) that should be sent by the User, including through third parties.
Submitted Content will not be returned, and the Owner will not be liable to Users for the loss, modification, or destruction of transmitted Content.
It is expressly prohibited unless explicitly authorized by the Holder: (i) the use of automatic ad uploading systems, except those expressly authorized, (ii) the serial publication and/or management of advertisements for third parties by any means or methods, (iii) resell the services of the Owner to third parties.
- Industrial and Intellectual Property Rights
All content of the Application, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Owner.
- Exclusion of warranty
The Application is provided on an “as is” and “as available” basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond the Owner’s control or for force majeure events.
- Limitation of Liability
The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its suppliers.
The Holder shall also not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to any full refund of the price paid and any ancillary charges incurred.
The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, holder’s name, password, etc.)
The Holder will not be responsible for:
- Any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Owner
- Incorrect or unsuitable use of the Application by Users or third parties
- The issuance of incorrect tax documents or data due to errors related to the data provided by the User, the User being solely responsible for the correct entry
In no case shall the Owner be held liable for more than twice the amount of the cost paid by the User.
- Force majeure
The Holder shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond its control.
The Holder’s performance of obligations will be considered suspended for the period during which force majeure events occur.
The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
- Linking to third-party sites
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general conditions for use of the site/application and use of the service prepared by the third party will apply to the individual services, with respect to which the Owner assumes no responsibility.
- Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Professional users, any dispute relating to the Application, execution and interpretation of these Terms shall be subject to the jurisdiction of the court of the place where the Owner is located.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the “consumer forum” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the procedures and formalities for the communication thereof and the legal guarantee of conformity.
- Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument may be used by the Consumer User to non-judicially resolve any dispute relating to and/or arising out of contracts for the sale of goods and provision of services entered into online. Accordingly, the Consumer User may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at: ec.europa.eu/consumers/odr/