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" GENERAL CONDITIONS OF SALE
"
The following are the general conditions of sale of threedifferent.com.
Please read them carefully before making a purchase.
The site is run and maintained by GEMA s.r.l which has its headquarters in S.S. Goitese n.39 - 46045 Marmirolo (MN), Italia.
The supply and sale of products on our website are governed by these General Conditions of Sale. For any information you may have you can contact GEMA's Service Assistence: contact us here on our client service.
Remember you can always contact GEMA at care@threedifferent.com
1. Definitions
1.1 www.threedifferent.com is referred to as the "Site".
1.2 The person (natural person) who makes a purchase on the site, accepting the general sales conditions is referred to as the
"Client".
1.3 GEMA s.r.l which has its headquarters in s.s. Goitese n.39 - 46045 Marmirolo (MN), Italia, a society registered under No by the
Company Registry, Mantova - C.F. -- VAT No. 01759530205.referred to as "GEMA".
1.4 the request of goods on sale compiled by the client on the site is referred to as "Order" or "Order Form".
1.5 the goods put on sale on the site, according of the general sales conditions are referred to as "Products"
1.6 the charge for the sale of goods is referred to as "Price".
1.7 the distance contract whose purpose is the sale of products, according to the general conditions of sale is referred to as "Contract"
1.8 GEMA and the client are referred to as "Parties".
2. Commercial policy
2.1 The products offered on the Site are sold directly by GEMA.
2.2 GEMA carries out its e-commerce activities towards consumer customers, i.e. people who are acting outside and indipendently of their
possible quality as traders.
2.3 GEMA reserves therefore the right not to take orders from persons who are not "consumers" under existing laws and in particular the
Legislative Decree No. 206/2005.
3. Purchasing procedures
3.1 Products are offered for sale by GEMA according to the terms and conditions provided by the general conditions of sale on the site at
the time of the Order.
3.2 To conclude the purchase contract of one or more products on the website it is necessary to fill in the electronic order form and
transmit it electronically according to the instructions.
3.3 With the transmission of the Order the client confirms to understand and accept the sales conditions and additional information
contained on the Site, also those referred to in the links, including those related to the privacy policy and legal notice.
3.4 The Contract is concluded when GEMA receives the Order duly completed by the customer and once the correctness of the
compilation is verified.
3.5 Once the Contract has been concluded, GEMA will transmit a receipt of the Order by electronic mail to the address given by the client,
which contains a summary of the information already contained in the Order Form, with a request to verify the existence of eventual
errors in the insertion of data.
3.6 Products and prices can be altered, with effect from the notice date of notice on the site.
3.7 If any of the products presented on the Site should not be available or on sale at the time of sending the Order, it will be the care of
GEMA to communicate to the Client in good time the eventual unavailability of the products ordered and reimburse the money that has
already been paid. (see point 4.3)
4. Times and shipment methods
4.1 The delivery of the products to the Shipping address indicated by the client in the Order is carried out by means of UPS (SDA in Italy) courier.
4.2 The delivery time of the products are approximately 2/4 working days, it depends of the delivery choiced, fast for extra eu counties
and fast or slow for eu countries, abroad from the receivement date of the Order by GEMA. The times are indicative and non-binding
for GEMA. The delivery times include working days only as orders are not shipped not delivered on holidays.
4.3 In the event of unavailability of one or more subsequent products on the order, GEMA can proceed with the dispatch of other products
ordered by the client. The partial delivery is considered valid and does not give the client the right to refuse delivery or ask for
compensation and damages but only the refund of the price paid for the unavailable products. (see point 3.7)
4.4 Upon delivery, the property and the risk related to the transport of the goods transfers to the cliente.
4.5 Shipping charges are paid by the client and are clearly expressed during the order process.
Eventual customs costs are paid by the
client and will be requested at the moment of delivery.
4.6 Up to the moment of delivery the responsibility and the risk of transportation of the object are the client's.
5. Client obbligations
5.1 To make a purchase the client must first register to the site, thus releasing the necessary data to follow out the order and the
shipment and consignment of the products. Registration is free of charge. The client is asked to communicate correct, truthful and
complete data in merit of: personal details and other useful information in regard to the execution of the order.
5.2 The client will pay the price of the products purchased and retain a copy of the purchase confirmation sent by electronic mail from threedifferent.com to the address indicated by the client at the time of registration.
6. Price and payment
6.1 Prices are indicated in euros (€) and dollars ($).
6.2 The resulting total price at the end of the order includes shipping costs but does not include eventual customs duties, added taxes
on the sales and VAT, necessary for the importation of the goods in foreign territory. Any additional charges for customs clearance will
be exclusively the responsibility of the customer.
6.3 The payment of the price will be paid at the time of sending the order if you choose Paypal or credit card.
6.4 If you pay by credit card, the relevant financial information will be sent via encrypted protocol institutions that provide services for
electronic distance payment, without access from third parties. This information will be used by GEMA strictly for the purposes of
completing the purchase procedures and to issue its repayments in the event of any refunds of products, following exercise of the right
of withdrawal, or any need to prevent or report to police the Board of Fraud.
7. Force majeure
7.1 The parties will not be responsible for delays in performing their obligations, under the Agreement, and if such delay is caused by
circumstances beyond their reasonable control. The delayed party for reasons of force majeure will be entitled to an extension of time
needed to fulfill these obligations
8. Copyright and brands
8.1 Tradmarks, logos and other distinguishing marks of various kinds on the site belong to their respective owners.
8.2 It is prohibited the use of brands, logos and other distinctive signs - including the reproduction on others on the website - by
unauthorised third parties.
8.3 The contents of the site (texts, graphics, animation and images) are copyright protected.
9. Right of withdrawal
9.1 In accordance with the provisions in Art. 64 and ss. D. Lgs. n. 206/2005, the right of refund consists of the ability of the client to
cancel the contract, returning the goods purchased with subsequent repayment of the money, without penalty and without
specification of the plea.
9.2 The right of withdrawal is possible for physical people acting for purposes not directly related to professional activities. Therefore,
retailers and businesses are excluded from this right.
9.3 To exercise the right of withdrawal you have to enter in your client area with your login and password and make the return
request or if you need our help you can contact us at return@threedifferent.com. Than we will send you the return document via
mail that you will print and attach on the package. Finally you have to contact UPS (SDA in Italy) in your country to collect
the package.
You have 10 days if you are an European customer and 20 days if you are an extra European customer from the date you have
received the package to contact us and send the package.
9.4 For return please contact us before send it back. The returned products must be sent by corrier within 15 days of the effective
receivement date of the same and they must be substituted to the following address: GEMA s.r.l - S.S. Goitese, 39 - 46045 Marmirolo
(MN), Italia.
9.5 For the right of refund to be valid, it is necessary for the products bought to be substituted undamaged and unused, in their original
packaging and with their original labels. The products must be packaged carefully making sure not to damage the original wrappings,
labels and signs. All our items comes with an identification seal of threedifferent. We can't accept return without this seal.
9.6 The right of refund depends upon the condition of the product substituted and the agreements made by those who made the order
and the to the relating refund form on the part of GEMA.
9.7 If the right of refund is validly exercised as outlined above, GEMA will therefore substitute the corresponding price of the product,
without shipping costs and transport, within 30 days of receiving the returned products.
9.8 The refund does not include the cost of transport or customs, nor those paid for the original dispatch of the goods nor those of the
subsequent substitution.
9.9 Thereafter if there is no notice by the part of the recipient of the products indicated in the order form and who make the payment of
the amount owed for the purchase, the refund of all sums, in the case of exercising the refund right, will be followed out towards who
made the payment with releasing effects for GEMA.
10. Privacy
10.1 The data communicated by the Client necessary for the execution of the Contract are examined in compliance to the set-ups in the
matter of the "Personal Data Protection Act" under D. Lgs. 2003 n.196.
10.2 In connection to the treatment of the said data we refer you to "Privacy Policy" area on the website.
11. Agreement variations
11.1 The Contract establishes the entire agreement between the parties with regard to the subject, together with the Order, to the
general conditions relating to the use of the website and to the conditions relating to the registration service. 11.2 Every change or modification in the Contract will be accepted
12. Communication
12.1 All communications between the parties must be sent to the address of the other parties specified in the Contract and in the Order.
It is understood to be put in writing also the communications transmitted to the electronic mail address of the other parties, indicated
on the website and in the order. 12.2 The communications relating to the validity or to the existence of the present agreement must be given exclusively by hand or sent
by means of registered post with a delivery notice.
13. Language, applicable laws and qualified forum
13.1 The Sales Contract is written in English and Italian.
13.2 The contract will be governed and interpreted in accordance with the laws of Italy.
13.3 The Parties agree that the application to this contract by the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. 13.4 For whatever dispute arising from this Agreement will be exclusive jurisdiction of the Forum of Mantova, Italy.
14. Alterations
14.1 The general sales conditions may be subject to change also with regard to eventual . The new general sales conditions will be.
14.2 It is assumed that the client is aware and understands the general sales conditions in force at the time of the purchase.
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