Terms of service

Here you will find all the information regarding the general terms and conditions of sale of threedifferent.com.

Please read them carefully before making your purchase.

The Website is managed and maintained by GEMA s.r.l., with registered office at s.s. Goitese no. 39 - 46045 Marmirolo (MN), Italy - Tel. (+39)0376 294695. The offer and sale of Products on our Website are governed by these General Terms and Conditions of Sale. Remember that you can always contact GEMA at care@threedifferent.com

1. Definitions

  1. “Website” is the website www.threedifferent.com
  2. “Customer” is a natural person over 18 years of age, acting for purposes outside their trade, business, craft or profession, who makes a purchase on the Website, accepting the general terms and conditions of sale.
  3. “Gema” is Gema S.r.l., with registered office at S.S. Goitese no. 39 - 46045 Marmirolo (MN), Italy - Tel. (+39)0376 294695, a company registered with the Chamber of Commerce of Mantova under the Companies Register no. - Tax Code - VAT no. 01759530205.
  4. “Order” or “Order Form” is the form for requesting goods for sale, completed by the Customer via the Website.
  5. “Products” are the goods offered for sale on the Website, according to the general terms and conditions of sale.
  6. “Price” is the consideration for the sale of the goods.
  7. “Contract” is the distance contract whose object is the sale of Products, pursuant to the general terms and conditions of sale.
  8. “Parties” are Gema and the Customer.

2. General provisions

  1. These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) govern all distance sales of Products to Customers concluded on the Website.
  2. The distance selling service governed by the General Terms and Conditions is reserved exclusively for Customers.
  3. The language used for concluding sales contracts through this Website is Italian.

3. Products

  1. The Products offered on the Website are sold directly by GEMA under the terms and conditions set out in the general terms and conditions of sale published on the Website at the time of the Order.
  2. Information relating to the Products, together with Product codes and their Price, is available on the Website.
  3. If the Products presented on the Website are no longer available or on sale at the time the Order is sent, GEMA will promptly inform the Customer of the unavailability of the ordered Products and refund any Price already paid. In no case can Gema be held liable to the Customer due to the unavailability of a Product.

4. Purchase procedure

  1. The Website shows the essential characteristics and the Price of each Product. The information on the Website does not constitute an offer by Gema.
  2. Before submitting an Order via the Website, the Customer must carefully read all instructions provided during the purchase process (including regarding delivery charges, conditions for exercising the right of withdrawal, and the Privacy Notice) as well as these General Terms and Conditions.
  3. To conclude the Contract for the purchase of one or more Products on the Website, it is necessary to complete the Order in electronic format and submit it electronically, following the relevant instructions.
  4. By submitting the Order, the Customer confirms that they are aware of and accept the terms of sale and other information contained on the Website, including those referred to by link, such as the privacy policy and legal notes. Submitting the Order constitutes a purchase proposal for the selected Product, governed by these General Terms and Conditions and binding on the Customer (without prejudice to the right of withdrawal set out in Article 8 below). Submission of the Order proposal by the Customer entails the Customer’s obligation to pay the Price of the Product(s) ordered.
  5. The Contract between Gema and the Customer is concluded when the Customer receives confirmation from Gema of acceptance of the Order sent via the procedure provided on the Website. Gema’s acceptance (or rejection) of the Order proposal will be sent to the Customer at the email address indicated by the Customer in the Order (“Order Confirmation”).
  6. Once the Contract has been concluded, Gema will send by email to the address indicated by the Customer a receipt of the Order, containing a summary of the information already included in the Order Form, with a request to check for any errors in data entry, and the tracking number of the Order.
  7. The risk of loss or damage to the Products passes to the Customer when the latter (or a third party designated by the Customer and different from the carrier) physically takes possession of the Product.

5. Customer obligations

  1. To proceed with the purchase of Products, the Customer must register on the Website, thus providing the data necessary to process the Order, shipment, and delivery of the Products.
  2. Registration is free of charge.
  3. The Customer undertakes to provide correct, truthful, and complete data regarding personal details, contact information, and other information useful for processing the Order. 
  4. The Customer will pay the Price of the Products purchased and will keep a copy of the purchase confirmation sent by threedifferent to the email address provided during registration on the Website.

6. Price and payment

  1. The Price of the Products is expressed in Euro and includes all applicable taxes or duties (except in the case of exports, which have variable conditions depending on the countries).
  2. The total Price shown at the end of the Order includes shipping costs and the related VAT.
  3. Shipments outside the European Union are exempt from VAT but require the payment of import duties, not included in the sale Price, which are borne exclusively by the Customer (except in cases and countries where expressly indicated).
  4. Payment must be made at the time the Order is submitted. The Customer may choose from the following methods: credit card, PayPal.
  5. In case of payment by credit card, the related financial information will be forwarded via encrypted protocol to the institutions that provide the related remote electronic payment services, without third parties having any access to it. Such information will never be used by Gema except to complete the procedures related to the purchase and to issue the related refunds in the event of Product returns following the exercise of the right of withdrawal, or where necessary to prevent or report the commission of fraud to the police.

7. Delivery times and methods

  1. Delivery costs are borne by the Customer and are clearly stated during the Order process. Any customs duties and/or other expenses related to the importation of goods are borne by the Customer (except in cases and countries where expressly indicated).
  2. Customers who place an Order establish a commercial relationship with Gema and therefore undertake to accept delivery of their parcel. If the parcel is not delivered for reasons attributable to the customer (unavailability at the address provided, incorrect telephone number, incorrect address, failure to provide the SSN for shipments to the USA), or if the customer refuses delivery, the shipping costs and any customs charges will be deducted from the refund due to the Customer.
  3. Delivery of the Products to the shipping address indicated by the Customer in the Order is carried out by UPS courier (except for shipments to Russia, where SDA is used).
  4. Delivery times are approximately 2/4 business days in Italy depending on the service chosen (standard or express) and approximately 2/5 days for Europe and non-EU from the date Gema receives the Order. The times are indicative and not binding on Gema. Shipping days are to be understood as business days; on non-business and/or public holidays, order shipments are not carried out.
  5. If one or more Products become unavailable after the Order, Gema may proceed with shipping the other Products ordered by the Customer. Partial delivery is deemed valid and does not entitle the Customer to refuse delivery, to compensation or indemnities, but only to a refund of the Price paid for the unavailable Products.
  6. At the time of delivery of the Products by the Carrier, the Customer (or their delegate) must check:
    1. that the number of packages delivered corresponds to that indicated on the delivery note; and
    2. that the packaging and related seals are intact, not damaged, not wet, and not altered in any way.

      Any damage to the packaging and/or the Product or a mismatch in the number of packages or the indications must be immediately contested in writing on the Carrier’s delivery note. Once the Carrier’s document has been signed without the Customer raising any objections, the Customer may no longer raise any disputes regarding the external characteristics of the delivered package.
  7. At the time of delivery, title and risk related to the transport of the Products pass to the Customer.

8. Withdrawal

  1. Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract within 14 (fourteen) days from the date on which the Customer (or their representative authorized to receive the Product) physically takes possession of the Product itself.
  2. To exercise the right of withdrawal, the Customer must log in to the customer area with their user ID and password and submit, within the period provided in Article 8.1 above, the return request by following the guided procedure specified in the “Product Returns” section within the Order details—available in their personal area.
  3. Within 14 (fourteen) days from Gema’s confirmation of the return procedure (sent in accordance with Article 8.2 above) communicated by email, the Customer must return to Gema the Product purchased via the courier referred to in Article 7.2 by sending it to the following address:

    Gema S.r.l.
    s.s. Goitese, 39
    46045 – Marmirolo (MN)
    Italy
    Tel. (+39)0376 294695

    The costs for returning the Product to Gema are borne by the Customer, unless otherwise communicated in writing to Customers.

    The use of couriers other than UPS to make returns is not permitted; the specific return label provided to the Customer inside the outbound parcel must be used. If a courier different from that referred to in Article 7.2 is used, the Customer must bear the shipping costs directly and will be responsible for any damage to or deterioration of the goods.
  4. For the right of withdrawal to be validly exercised, the purchased Products must be returned intact, not used or washed, in their original packaging and with original tags not removed. The packaging of the Products must be accurate, in order to protect the original wrappings from damage, writing, or labels. A threedifferent seal will be applied to all items. Returns for which the threedifferent seal has been removed cannot be accepted. The right of withdrawal is subject to verification by Gema of the condition of the returned Products and their correspondence with those in the Order and in the related return form.
  5. Gema will provide a full refund of the amounts paid by the Customer, including any reasonable delivery costs (i.e., corresponding to standard rates), usually within 3/4 business days and in any case no later than 14 days from the date on which Gema received the Product. This refund will be made using the same payment method used by the Customer for the initial transaction, unless otherwise expressly agreed between the Parties and provided that the Customer does not incur any additional costs as a result of such refund.

    Only the costs for returning the Product (transport and any customs duties and import taxes) shall be borne by the Customer.
  6. If there is no correspondence between the recipient of the Products indicated in the Order Form and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercising the right of withdrawal, will be made to the person who made the payment, with releasing effect for Gema. 
  7. In the event of an error in delivery by Gema (Products not conforming to the description, faulty, different in model and/or size from those agreed in the Order), Gema undertakes to fully refund the Customer, subject to the return to headquarters of the non-conforming goods, unless otherwise agreed with the Customer. 

9. Product exchange

  1. Gema grants the Customer the option to exchange Products without incurring any additional costs, within and no later than the period provided for exercising the right of withdrawal (14 days). Free exchange is allowed only for a different size or a different color of the same item, where available.
  2. The Customer must access their reserved area and follow the instructions for the return request. In the first step, they complete the appropriate form indicating the intention to make the exchange and the requested size and/or color. Once the availability of the Product has been verified, Gema will inform the Customer, who must proceed with returning the Product to be replaced.
  3. The provisions of Article 8 relating to withdrawal apply, where compatible.
  4. Product replacement is allowed only once for each Order. Any further exchange after the first entails charging the Customer for transport costs and any import duties, and the placement of a new Order. 

10. Force Majeure

  1. The Parties shall not be liable for delays in performing their obligations under the Contract if such delay is caused by circumstances beyond their reasonable control. The Party delayed due to force majeure shall be entitled to an extension of time necessary to perform such obligations.

11. Copyright & trademarks

  1. Trademarks, logos, and other distinctive signs of various kinds present on the Website belong to their respective owners.
  2. The use of trademarks, logos, and other distinctive signs—including reproduction on other websites—by unauthorized third parties is prohibited.
  3. The contents of the Website (texts, graphics, animation, and images) are protected by copyright.

12. Privacy

  1. The data communicated by the Customer necessary for the execution of the Contract are processed in accordance with the provisions of Legislative Decree 2003 no. 196 on the “Protection of personal data”.
  2. With regard to the processing of such data, please refer to the “Privacy Policy” section of the website.

13. Amendments to the agreement

  1. The Contract constitutes the entire agreement between the Parties regarding the subject matter, together with the Order, the general terms relating to the use of the Website, and the terms relating to the registration service.
  2. Any change or modification to the Contract must be accepted in writing by both Parties.

14. Communications

  1. All communications between the Parties must be made in writing and sent to the address of the other party indicated in the Contract and in the Order. Communications transmitted to the email address of the other party, indicated on the Website and in the Order, are also deemed to be made in writing.
  2. Communications relating to the validity or existence of this agreement must be delivered exclusively by hand or sent by registered letter with return receipt.

15. Applicable law and jurisdiction

  1. The Contract shall be governed by and construed in accordance with Italian law.
  2. The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this contract is expressly excluded.
  3. For any dispute arising from or relating to the Contract, the Court of Mantova, Italy, shall have exclusive jurisdiction.

16. Changes

  1. The general terms and conditions of sale may be amended, including in consideration of any regulatory changes. The new general terms and conditions of sale will be effective from the date of publication.
  2. It is presumed that the Customer is aware of the general terms and conditions of sale in force at the time of purchase.

17. Online dispute resolution for consumers

  1. Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve, out of court, any dispute relating to and/or arising from online sales contracts for goods and services. Therefore, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link http://ec.europa.eu/consumers/odr/. The Owner is available to answer any questions submitted via email to the email address published in this document.