1 General disposition
The present sell general condition (at a stretch, “general condition”) are applied to all the sell products (at a stretch, “products” or “product”) bought through www. shop.genesisfood.it (at a stretch, “Site”).
The use of the distance sell service described in this “general condition” it’s reserved exclusively to consumer (at a stretch, “client” or “clients”), considered as individual that act for external purposes to their commercial, business or professional activity eventually done.
The language available to conclude the contract is Italian.
The client is oblige to read carefully the General Condition” that are available in our site, in order to allow to our clients the memorization and reproduction within the meaning of Article 12 of Decreto Legislativo 9 aprile 2003, n. 70.
The concluded contract with Genesis (at a stretch defined) through the site are governed by the Italian law and in particular by , Decreto Legislativo 6 settembre 2005, n. 206 ("Consumer Code") e dal Decreto Legislativo 9 aprile 2003, n. 70 ("Ecommerce Decret").
2. Seller identification
Seller: Genesis Food srls
Field office: : c.da Cicirata z.na S.Marco 96012 Avola (SR)§
3. Product information
All our internet sell product information are available in our site. This information are provided in conformity with the article 52 and 53 of the consumer code.
The prices of all our products are included of all taxes. All the prices are expressed in Euro. The shipping cost are at the customer's expense, except for promotion that are available in the page of “shipping costs”
5. Products order
The essential features and prices of our product are reported in the offer related to each product.
Before sending your purchase order, clients have the possibility of modify any mistake in the entering data, following the specific modify procedure in our site. In particular clients have the chance to modify the amount that wants to buy, adding or deleting one or more products in the shopping cart.
Sending the order means that clients recognize and declare to have seen all the the given indication during the buying procedure and completely accept the General Terms.
The clients have the possibility to see and follow the order through the “Order list” of his account.
Genesis reserves of the faculty of checking the orders. Genesis will communicate to clients the eventual impossibility of accepting orders received within 30 days elapsing from the next day from the order to Genesis that will provide at the refund of the amount eventually present for the furniture payment.
Genesis promotes the responsible drinking of alcoholic beverages from adults.
Genesis sells alcoholic products only to adults, asking for proof of the adults age.
6. Method of payment
Clients can make the payment of the price products and concerning delivery charges through credit card (PayPal, VISA, MasterCard), mark, or payment in advance through credit transfer or mark.
Credit Card: the payment with credit card can be done exclusively through PayPal with cards that belong to VISA and MasterCard circuit.
Credit Transfer: in this case Genenis reserves to check the effective crediting of the charges in his checking account before the authorization of the delivery of the client’s order. Clients can send the CRO related to the payment to genesis in order to make his order faster; genesis still reserves itself to verify the effective crediting of the amount on his bank account.
Mark: this type of payment has an additional cost of 5,00 €. In this case the company reserves to ask more informations to the clients. Besides it reserves the faculty of deny payment of more than € 999.00. The company reserves also the faculty of deny the payment on his own will.
7. Confirmation of order receiving
In conformity with the article 53 of the “consumer code”, the client receives, at the moment of the contract, through e-mail, the confirmation of the receiving order send by the clients, that contains a summary of the General Condition, the essential features of the order’s products, of his price, the paid , amount, the existence of the withdrawal right – with time indication and instruction for products return – the geographical address to present any complain and information about after-sales assistance and commercial guarantee services.
8. Order inefficacy
The purchase agreement is not concluded between Genesis and the clients in case that the company has his reasons to believe that the clients don’t act with an effective and genuine interest in buying the ordered products, or exercise unauthorized withdraw right present in the following art.12. in this cases, the clients order is ineffective. Genesis will communicate to the clients, through mail, a communication of the annulment of the contract, taking care of the annulment of any debit and/or costs in clients charges.
9. Transport and consignment
Products bought on the site will be delivered at the address communicate by the client. In any case the clients has the possibility of asking the deliver to another person, that lives in Italy. At the moment of the delivery will be necessary the sign of an adult. Delivers are not authorized to post office box.
Handling charges are on the clients charges and are highlighted individuallythe site and in the order.
All the purchases will be delivered trough express carrier (at a stretch “carrier”) from Monday to Friday, excluding holiday and national holiday. Genesis is not responsible for unpredictable delay.
Genesis will send to the clients an email confirmation as soon as the product will be send, and will find the tracking number of the delivery which allow the clients to follow the package, on the currier site.
In any case, besides reasons of force majeure or unforeseeable circumstances, in conformity with the “consumer Code” will be delivered within a maximum term of 30 days starting from the following day of the clients order to Genesis, except the company don’t communicate- within the same term, by means of email- the impossibility of deliver the products after a lack of merchandise, even temporary. In case of this communication, Genesis will refund the amount already paid by the clients. In the case where the clients, after the delay communication, want to cancel the order, the amount will be refund as soon as possible, however not later than 30 days from the following one of the clients order communicate to genesis. In case of delay resulting of reasons of force majeure or unforeseeable circumstances so not attributable to Genesis, and already sent, the clients can’t be refund and the order can’t be transfer.
For the delivery of the goods it’s necessary the presence of the client or a substitute at the consignee address order.at the moment of the deliver of the products from the courier, the clients have to check the number of packages that has to be the same number present in the documentation and also check the integrity of the packaging. Eventual damages at the packaging or at the goods or the wrong number of packages have to be immediately communicate through a written reserve of control on the proof of the deliver of the courier. After the sign of the document the client has no right to complain.
Concerning the guarantee of the products ( as law of 24 months) the confirm of the order sent by Genesis Food srls will be the proof of the perfection of the purchase of the client. For the online sales, the company is not oblige the certification. This sales haven’t the oblige of a invoice, unless a request from the client during the order (with VAT registration number or tax code), the company is also exempt to the oblige of certification through receipt or official receipt (art. 22 del D.P.R. n.633/1972) in accordance of art. 2 del D.P.R. 21 dicembre 1996, n. 696
11. Withdrawal right
Within the meaning of Article 5 D.Lgs. 185/1999 , the client, has the right to withdraw from the purchase agreement for any reason, without any explanation and no penality.
To exercise this right, the client have to send a communication to shop.genesisfood.it, within 1 working day since the receiving of the products. This communication has to be send with recorded-delivery letter with advice of receipt, address to:
Genesis Food srls
c.da Cicirata z.na S.Marco
After the communication, the customer service of www.shop.genesisfood.it will communicate to the clients the instruction about the return of the goods, that has to be in our store within 10 days from the authorization.
The withdrawal right can be exercised at the following conditions:
The right is applied to the whole bought product; it’s not possible exercise the right on a single part of the product.
According to law, the delivery charges for the refund are borne by the clients.
The deliver, until the arrive in our stores, is borne by the clients
Genesis don’t refund in case of damages, stealing/ loss of the goods sent with not assured delivery.
In case of damage of the goods, during the delivery, Genesis will communicate to clients all the facts (within 5 working days from the receiving of the product), in order to be able to file a complaint against the chosen currier and obtain a refund of the product’s value (if assured). In this eventuality, the product will be available for the restitution to the client canceling at the same time the withdrawal request.
Genesis will refund to the client the whole amount, within 30 days from the goods delivery, trough a transfer procedure of the amount charged into a credit card or a bank transfer. In this last case, will be onto the client to provide the bank account details for the refund ( cod ABI-CAB- current account of whom has done the order).
The withdrawal right will completely fail, for lack of goods essential integrity (package and/or his content), in cases where genesis ensure:
The missing external packaging and/or the envelope of the bought product (Ex gift packaging, etc)
The damages of the product for external causes of the deliver.
In case of revocation of the withdrawal right, Genesis will provide to the clients to repay the product, by debiting to him the delivery charges.
12. Product Substitution
Genesis don’t provide the possibility to clients to replace products bought in the site.
13. Lack of conformity
In case of lack of conformity of the products sold by Genesis trough ww.shop.genesisfood.it, the clients have to immediately contact at firstname.lastname@example.org by giving all the informations and photographic proof in order to identify the lack of conformity.
Once Genesis has verified, it will provide to deliver again the product at its own expense.
At product selling are applied legal guarantees provide by art. 129, 130 and 132 of consumer code. Consumers would first be entitled to have the lack of conformity of the goods remedied by repair or replacement, without any charges or a reduction of the prices or the termination of the contract.
Clients have no more right, if they don’t report in two months the lack of conformity. In any case the right of lack is over after 24 months of the delivery, upper limit for the conservation of our products.
Informations in the site on products are continuously update. But it’s not possible to guarantee the complete lack of mistakes.
Genisis has the right to modify or update the informations; to correct the mistakes, misrepresentation or omission in any moment, without any preventive communication.
15. Governing law and competent court
This General Condition are ruled by Italian law and must be interpreted in conformity with iltalian law.
For controversial mistakes of interpretations, validity and/or implementing; of this General Condition the imperative local jurisdiction will be ruled by a judge of the consumer address, if are located in the Italian territory.
For further informations please contact us to: