GENERAL TERMS AND CONDITIONS OF SALE
All information regarding the general terms and conditions of sales of threedifferent.com are provided below.
Please read it carefully before placing your order.
The site is managed and maintained by GEMA S.R.L., based in s.s. Goitese, 39 - 46045 Marmirolo (MN), Italy - Tel. (+39)0376 294695.
The offer and sale of products on our website are regulated by these General Terms and Conditions of Sale.
Remember you can always contact GEMA on firstname.lastname@example.org
- "Site" is the internet site www.threedifferent.com
- "Customer" is the subject (physical person), over 18 years old, undertaking the purchase from the site, acting for reasons not connected to his/her commercial, entrepreneurial, professional or craft business, accepting the general terms and conditions of sale.
- “Gema" is Gema S.r.l., based in s.s. Goitese, 39 - 46045 Marmirolo (MN), Italy - Tel. (+39)0376 294695, registered on the Registrar of Companies of the Chamber of Commerce, Industry, Crafts and Agriculture of Mantova , Fiscal Code. - VAT number n. 01759530205.
- "Order" or “order form” is the order form requesting sales goods compiled by the Customer through the website.
- "Products" are the products featured for sale through the website according to the General Terms and Conditions of Sale.
- “Price " is the compensation received by the company for the sale of goods.
- "Contract" is the distance agreement, the object of which is the sale of the products according to the General Terms and Conditions of Sale.
- “Parties" are Gema and the Customer.
2. General Dispositions
- The following General Conditions of Sale regulate all the sales of Products to Customers purchased at distance through the website.
- The Distance Sales Service of goods regulated by the General Conditions is exclusively reserved to Customers.
- The language for the drafting of the selling contracts through treedifferent.com is Italian.
- The products offered on the website are directly sold by GEMA following the terms and the conditions provided by the General Conditions placed on the website at the time of the purchase.
- All information regarding Products, together with product codes and their prices, are available on the website.
- In case the products presented on the website are out of stock or no longer available at the time of the order, GEMA will ensure to contact the Customer immediately and inform him/her upon the unavailability of the ordered products and refund the price if already paid out. Gema cannot be considered responsible in any case towards the Customer for the unavailability of a Product.
4. Purchase modalities
- The website reports the principal features and price of each Product. The information available on the website are not representing an offer by Gema.
- In order to close a selling contract of one or more Products on the website it is necessary to fill out the electronic order form and make a data transmission following the instructions.
- The Contract between Gema and the Customer is confirmed when the Customer receives from Gema the confirmation of the reception of the Order sent through the procedure provided by the Site. The reception (or the rejection) of the Order by Gema of the Order Proposal will be transmitted to the Customer to the email address specified by the Customer inside the Order (“Order Confirmation”).
- The risk of loss or damage of the Products is transferred to the Customer starting from the moment when he/she (or a third person designated by the Customer and different from the carrier) comes into possession of the Product.
5. Duties of the Customer
- To proceed with the purchase of the Products, it is necessary that the Customer register to the website, supplying the data needed for the execution of the order, the shipment and the deliver of the Products.
- Registration is free.
- The Customer is supposed to communicate the correct, real and complete data regarding: vital statistics, personal address, other information needed for the execution of the order.
- The Customer is paying the price of the purchased Products and keeping a copy of the purchase confirmation sent by threedifferent to the email address supplied at the time of the registration on the Site.
6. Prices and payment
- The Prices of the Products is expressed in Euro and it includes all the relevant taxes and custom duties (except for exportations - whose conditions can change depending on the country).
- The total Price resulting at the end of the Order includes shipping costs and Vat.
- Shipments outside EU are without Vat but they generally require the payment of importation taxes, not included in the selling price, and completely in charge of the Customer (except in the cases and for the countries where it’s clearly expressed).
- The payment should be paid at the moment of the forwarding of the Order. The Customer can choose among the following payment modalities: credit card, Paypal.
- In case of payment with credit card the respective financial information will be forwarded through cryptic protocol to the institutions which provide the respective electronic payment services at distance, without a third person having access to. This information will never be used by Gema except for completing the procedure regarding the purchase and for issuing the refunds in case of return of the Products (after having exercised the right of withdrawal) or in case it’s been necessary to signal to police the commitment of a cheat.
7. Times and delivering modalities
- Shipping costs are in charge of the Customer and they are clearly expressed at the time of the Order. Possible custom duties and other expenses regarding importation of goods are in charge of the Customer (except in the cases and for the countries where it’s clearly expressed).
- Customers who close and Order establish a commercial relationship with Gema and they are therefore required to accept the delivery of their package. If the package is not delivered for reasons depending on the Customer (not existent address, wrong phone number, wrong address, missing communication of the SSN for deliveries dispatched to USA), or in case the Customer is refusing the delivery, shipping costs and any custom duties will be deducted from the refund owed to the Customer.
- The delivery of the Products to the shipping address provided by the Customer in the Order is carried out by UPS carrier (except for shipments dispatched to Russia where we refer to SDA).
- The delivery times are approximately 2/4 working days in Italy depending on the selected service (standard or express), approximately 2/5 working days for the rest of the world starting from the day of reception of the Order on behalf of Gema. Times are indicative and they are not binding for Gema. Shipment days are intended as working days; on non-working days shipments are not executed.
- In case of unavailability of one or more Products following the day of the Order, Gema can proceed with the shipment of the other Products ordered by the Customer. The partial delivery is considered valid and it does not give the right to the Customer to refuse the delivery, to ask for refunds or compensations but it only gives the right to ask for the restitution of the Price remitted for the available Products.
- The Customer (or his/her delegate) is required to control, at the time of the delivery of the Products by the Carrier:
- That the number of the delivered packages matches with the number specified in the waybill; and
- That the packages and their seals are untouched, neither damaged, nor wet, nor modified in any way
- Eventual damages to the package and/or to the Product or the missing correspondence of the number of the packages o of the indications must be immediately notified on the delivery bill of the Carrier. Once the Customer has signed the document of the Carrier without raising any exception, the Customer is not allowed to raise any contention about the external features of the delivered package.
- At the time of the delivery the property and the risk dealing with the Product transportation are transferred to the Customer.
- According to article 52 of the Consumer Code the Customer has the right to terminate the Contract within 14 (fourteen) days starting from the date when the Customer (or his/her representative authorized to receive the Product) comes into possession of the Product.
- In order to exercise his/her right of withdrawal, the Customer is required to log in the customers area with his/her user ID and password and to submit – by the term provided in the previous article 8.1 – the return request following the website wizard, described in the section “merchandise return” inside the details of the Order – that can be consulted in the reserved area.
- Within 14 (fourteen) days from Gema’s confirmation of the return operation (transmitted according to the previous article 8.2), communicated by mail, the Customer is required to return to Gema the purchased Product using the carrier accorded to article 7.2 shipping the Product to the following address:
s.s. Goitese, 39
46045 – Marmirolo (MN)
Tel. (+39)0376 294695
The expenses for the return of the Product to Gema are charged to the Customer, if it’s not differently communicated to the Customer by mail.
The use of other carriers to make the returns is not allowed; the only one allowed is UPS, using the specific return label given to the Customer inside the one-way package. In case of use of a carrier different from UPS the Customer is required to support directly shipping costs and he/she is required to take the responsibility of possible damages or deterioration of the merchandise.
- In order to exercise the right of withdrawal it is necessary that at the time of the return the purchased Products are not used, not washed, intact in their original package with their original uncutted labels and seals attached. The confection of the Products needs to be accurate in order to save the original packages from damages, applications of signs or adhesive labels. An original Threedifferent seal is applied on all the Products. If the original seals have been removed from the returned Products, Gema is not accepting the return. The right of withdrawal is subordinate to the examination of the conditions of the returned Products and to their correspondence to the ones of the Order and to the related return form provided by Gema.
- Gema is providing for the integral refund of the amount paid by the Customer including possible reasonable delivery costs (commensurate to the standard shipping charges) usually within 3/4 working days and in any case within 14 days starting from the date when Gema receives the returned Product. The refund is done with the same payment modalities used by the Customer for the starting transaction – except for different and expressed agreement between the Parts and on the condition that the Customer is not required to support additional expenses to the refund.
Only the shipping costs for the return (carriage and possible custom duties and importation taxes) are at the expense of the Customer.
- In the case there is no conformity between the recipient of the Products specified in the Order Form and the person who has made the payment of the amount owned for their purchase, the refund of the amount – in case of exercise of the right of withdrawal – is done to who has done the payment with liberating effect for Gema.
- In case of mistake in the delivery on the part of Gema (Products which are not conform to the description, damaged, different in model or size from the ones established in the Order) Gema has the duty to refund totally the Customer right after the return to the offices of the not conform merchandise, expect for different agreements established with the Customer.
9. Substitution of Products
- Gema recognise to the Customer the possibility to make substitutions of Products without supporting any additional costs within the term provided to exercise the right of withdrawal (14 days). The free substitution is admitted just in case of a different size or different color of the same Product, if available.
- The Customer must login in his/her reserved area and follow the instructions to complete the return request. In a first phase he/she must complete the specific form specifying the intention to make a substitution with the needed size and/or color. Once Gema has verified the availability of the Product, It will require to the Customer to proceed with the return of the Product which has to be substituted.
- In this case the forecasts of the article 8 related to the withdrawal are applied, which are compatible.
- The substitution of the Products is admitted only one time for each Order. Every additional substitution after the first implicates the charge on the Customer of the shipping costs and possibile importation taxes and the execution of a new Order.
10. Force Majeure
- The Parts are not responsible for the delay of the fulfillment of their obligations, according to the senses of the Contract, if the delay is caused by circumstances not depending on their reasonable control. The Part delaying for Force Majeure reasons reserves the right to have a extension of the deadlines which is necessary to fulfill the obligations.
11. Copyright and brands
- Brands, logos and other particularities of other nature presented on the Website belong to their owners.
- It is prohibited the use of brands, logos and other particularities – including the reproduction on other websites – by not authorized third parties.
- The dates communicated by the Customer necessary to the execution of the Contract are treaten in conformity with the dispositions of the D. Lgs 2003 no, 196 about “code in the matter of protection of personal data”.
13. Variations of the agreement
- The Contract constitutes the entire agreement between the Parts regarding the object, together with the Order, the General Conditions related to the use of the Site and the conditions related to the registration service.
- Every variation or change of the Contract must be accepted in writing by both the Parts.
- All the communications between the Parts must be made in writing and send to the address of the other Part provided in the Contract and in the Order. It’s intended as made in writing even the communications sent to the email address of the other part, provided on the Site and on the Order.
- The communications regarding the validity or the existence of the present agreement must be delivered exclusively by hand or sent using registered letter with recorded delivery / return receipt.
15. Applicable law and competent court
The Contract is regulated and commented in compliance with the italian law.
The Parts befit that it is definitely excluded the application on the present Contract of the Convention of The United Nations about the Contract for the International Sale of Goods.
For every litigation regarding the Contract or related to it will be under the jurisdiction of the Court of Mantova, Italy.
The General Conditions of Sale can be subjected to changes even considering possible regulatory changes. The new General Conditions of Sale will be effective starting from the date of publication.
It is presumed that the Customer knows the General Conditions of Sale in effect at the time of the purchase.
17. Online dispute resolution for consumers
- The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link http://ec.europa.eu/consumers/odr/. The Owner is available for any questions via the email address posted under the Owner's information in this document.