Terms and conditions

Introduction

The offer and sale of products on the Gelq.it e-commerce site (hereafter the “Site”) at www.gelq.it is governed by the following Terms and Conditions for relationships between Gelq S.r.l. (hereafter the “Company”) and Customers, as defined below. These Terms and Conditions govern sales of Products, as defined below, concluded between the Company and Customers who are business professionals, with the express exclusion of sales to consumers and the rules and regulations that govern them, as defined in Legislative Decree 206/2005. For information, Customers may go directly to the Customer Service area on the Site or else send an email request to privacy@gelq.it. The Company is not responsible for the actions of Customers or other persons who have read information through other channels. For complete information, these Terms and Conditions must be read in conjunction with the Website Disclosure on processing Customer data.


Company’s General Information

Company name: Gelq S.r.l.
Registered office: Via Giuseppe Revere 16, Milan 20123 - Italy
Registry listing number: 2524153
Tax/VAT number: IT10344380968 
Details for correspondence/authorizations/information: info@gelq.it

1. Definitions

The terms and phrases listed below have the meaning indicated here, applicable to both section 2 (General Conditions for Users), and section 3 (General Conditions of Sale), with the understanding that terms in the singular also define the plural and vice versa:

  • “Customer Area” or  “My Gelateria": this is the area of the site for the Customer’s exclusive use. After authentication, the Customer can access the specific functions Gelq makes available, such as the ability to track orders and go back to previous orders, make changes to their account, and view connected social profiles; 
  • “Cart”: a web page based on the concept of a shopping cart where the Customer can place articles that they intend to purchase; o “Customer”: any legal entity, in the person of their representative, who purchases Products on the Site after registering and logging in, accepting the following Terms and Conditions; 
  • “General Conditions for Users”: the document that governs relationships with Site Users who do not make purchases; o “Conditions of Sale for Customers”: the document that governs relationships between Gelq and Customers who make purchases on the Site;
  • “Contract”: the binding legal relationship between the Parties established upon purchasing Products on the Site, as governed by the Conditions of Sale; 
  • “Payment Methods”: all methods of payment available to Customers in order to pay for Orders and the relative Products supplied by Gelq. Payment methods include credit cards, debit cards, PayPal, instant payment, and other methods used by Gelq;
  • “Order”: an agreement between the Customer and the Company for instructions and purchase of certain Products in the Cart; 
  • “Web Page”: the digital document that provides the User with internet information via web browser; 
  • “Parties”: the Company and Customer jointly; 
  • “Product”: all merchandise for sale on the Site; 
  • “Site”: Gelq’s web pages at the URL www.gelq.it where it is possible to make Product purchases; 
  • “Company”: Gelq S.r.l. References to “us” or “our” are considered references to the Company;
  • “User”: someone who browses the Site without registering, and thus without making purchases or Orders.


SECTION 2
General Conditions for Users

Users are required to read these General Conditions for Users, as the Conditions of Sale are not applicable to them. These General Conditions for Users, along with the privacy disclosure, are valid and binding for Users.

2.1 Conditions related to Gelq’s services and data

Gelq.it is a Site that allows any User to browse a specialized platform that contains information, advice, and recipes related to the world of Italian artisanal gelato. If a User does not register, they cannot use the personal section of the Site or make purchases. Users may comment on and review the recipes, information, and advice on the Site, and see the comments and reviews of other Users, who assume responsibility for their remarks, but may not review Products unless they are registered. To enter these votes and comments, Users must send certain personal data to the Company, in accordance with the disclosure on processing personal data [privacy disclosure]. In any case, the Company reserves the right to limit User access and/or to remove comments, reviews, or votes in the event of suspicious activity or content that is defamatory, offends public decency, or is considered inappropriate, at the Company’s complete discretion.

2.2 Contents

The Company assumes no responsibility for the accuracy, completeness, and up-to-dateness of its data, contents, and information or that entered by third parties or contained on the Site and/or linked sites. The Company declines all liability for errors or omissions due to the utilization of data and information on its Site. Before making any decisions, Users must verify the accuracy of the information reported on the Site.

2.3 Intellectual and industrial property rights

The Site and all its contents are protected by copyright laws and other intellectual and industrial property rights laws. The contents published or present on the Site, which include but are not limited to trademarks, logos, music, images, videos, photographs, and in general the documents reproduced, as well as software, are the Company’s exclusive property, or are utilized within the limits permitted by law, or have been authorized or licensed by the relative holder of the rights. The Company reserves all rights over them. Users may make use of these contents only insofar as necessary to properly use the Site, and therefore may not freely use, copy, modify, or reproduce them in any manner.

2.4 Hyperlinks

The hyperlinks on the Site can direct Users to third party web pages. The User acknowledges and recognizes that the Company has no control over the content of these pages, and as a mere third party, has no responsibility for the content and/or material divulged there, or for external resources, or for the products or services offered.

2.5 Governing law and jurisdiction

These terms and conditions of use are governed by Italian law. Solely when they regard the User, any disputes arising from and/or related to the following Terms and Conditions of use and/or the privacy disclosure will be subject to the exclusive jurisdiction of the court where the User habitually resides.

2.6 Amendments

The Company reserves the right, at its own discretion, to amend this document and advise Users of this on the Site.

2.7 Confidentiality

The User agrees that communications and transmissions on the Site are not confidential.



SECTION 3

Conditions of Sale for Customers

3.1 Subject matter of the contract

Gelq.it is a site dedicated to the sales of products for artisanal ice cream making, pastry and bar. It is aimed at professional operators, who act in a commercial capacity such as VAT-id legal entities or individuals acting for purposes relating to the professional activity that may be carried out, and to individuals (consumers). The following Conditions of Sale govern the contractual relationship between Customers and Gelq.

3.2 Customer and registration

These Conditions of Sale may be accepted by non-consumers acting in a business capacity and by private or consumers customers. The data requested at the time of registration must be truthful and real. The Company may ask the Customer to email identification documents or documents proving authorization to represent the Customer.

3.3 Procedures for making purchases and concluding the contract, attachments and amendments

Customers must register with the Site in order to purchase the Products offered for sale. The contents of the Site in no way constitute a promise to the public, and therefore they cannot be considered binding on the Company. Once a Customer has registered, they may place an order in the special section of the Site where Products are offered, by selecting the quantity and adding everything to the Cart. After selecting the Products, the Customer proceeds to checkout, where the total price of the Cart will be indicated, plus shipping costs, subject to special shipping prices the Site occasionally offers and free shipping if the order exceeds a certain amount. The shipping costs will be borne by the Customer, in relation to the order and type of products purchased and are regulated in the paragraph Shipping and Delivery.  At this time the Customer enters their invoicing data and delivery information, accepting these Conditions of Sale and adding the information required to pay for the Products based on the selected payment method. At the end of this procedure, the Company receives the order and will process it. The Contract is considered concluded when the Company receives confirmation of payment for the order. When the Contract is concluded, it becomes binding on both Parties. Any additional agreements, documents, supplements, or amendments the Company receives will become an integral part of the Contract only when the Company expressly accepts them via email or certified email. In no case will verbal agreements between the Parties be binding on the Company. The Conditions of Sale for Products for each individual order are those that appear on the Site at the time the order was placed. The Company reserves the right to amend the following Conditions of Sale at any time without advance notice, and to subsequently indicate the amendment of said Terms and Conditions on its Site. Said Terms and Conditions will apply exclusively to sales concluded after their publication date. Any additional amendments to contractual relationships already concluded may be considered valid and binding only if expressly approved by both Parties in a written document attached to these Conditions of Sale. Therefore, the Customer is asked to print and/or save the Conditions of Sale on a secure system in a durable format.

3.4 Prices

The product prices and the relative delivery costs may be subject to update and should be considered to exclude VAT until the moment of checkout. The prices indicated on the Site are valid until the purchase procedure is complete. If a Product price is discounted and the discount percentage and/or full price of reference is indicated, this indication refers to the normal price charged on the Site. Shipping costs, including the total cost shown at the conclusion of checkout, are charged to the Customer subject to the provisions of Art. 3.3.

3.5 VAT, Levies, Duties 

The Customer is fully responsible for any taxes, levies, duties, or other charges provided by the laws of the State where the Products are to be delivered and must pay them at the time the Products are delivered, with payment made directly to the competent tax or customs authorities or to the courier responsible for making delivery. In Italy VAT on food products is normally 10% and in some cases 4%, while it is 22% for non-food items, shipping and any additional costs. Sales to other EU countries are VAT exempt according to Italian Decree n. 331 of 30th August 1993. According to the mentioned Decree,  customers must possess a VAT number valid for cross border transactions within EU. Validity can be check trough the VIES page. In case the VAT number is not valid for cross border transactions within EU, Gelq is obliged to ask the payment of the applicable taxes. VAT is also to be payd by private customers and in general by those not in possession of a valid VAT number.

3.6 Payment methods

The Customer may select one of the payment methods the Company makes available, including:

  • Credit cards in the Visa, Mastercard, American Express, JCB, UnionPay, international circuits
  • Debit cards in the Vpay and Maestro international circuits
  • Digital wallets: Apple Pay, Google Pay, Bancomat Pay
  • Bank wire
  • Cash on delivery (Only Italy)

The Company reserves the right to change or implement the means of payment available to Customers, provided that those published at the time the Customer places the order will be considered available.

Payment by credit card, debit card or digital wallets

The Company relies on the digital collection services offered by Nexi Payments SpA, if payment is made by means of credit card, debit card or payment digital wallets, the Web session will be transferred to the Nexi Payments Spa website.

The Customer will be charged when the data are verified and the authorization to charge is received from the service issuer. Payment is made directly on a secure server with SSL encryption key in order to guarantee complete security of the transaction.

Recurring payments with registered credit card - Nexi Oneclick

On the Company's website, in the card payments section, is available the integration of the Recurring payments services OneClickPay by Nexi which allow the customer to save their payment card data for subsequent purchases.
By subscribing to this service, the customer's card data is saved directly on the secure servers of the Xpay Payment Gateway of Nexi Payments Spa and presented in encrypted form in the card payments section of the site in the event of subsequent purchases.
The company has no access to the data and does not store it in any way.
Terms and conditions of the OneClickPay service are available on the Nexi Payments Spa website.

Bank Wire

In case of a bank wire, the Company will ship the order only after it receives proof of payment, consisting of a copy of the bank wire confirmation, to be emailed to info@gelq.it, with the subject line indicating the order number and the Customer’s identification details.

Cash on delivery (Only Italy)

COD payment method is available only for deliveries in Italy and for order below € 2000,00. For a COD payment, the amount of the invoice have to be paid in cash to the courier who makes the delivery, is forbidden the payment with check. The cash payment on delivery has a service fee of € 7.90 (excluding VAT).

3.7 Delivery times and procedures

The Company will ship the order via courier or its own vehicles, to the address the Customer indicates in the special section at the time of checkout, and in the manner the Customer selects, in compliance with the law on food safety and traceability, providing the necessary documents. Shipment times will depend on the shipping method the Customer selects. If the Products are delivered via courier, the Customer and courier will bear shipping risks as provided by law. Delivery will be within the term indicated in the order, or if the order does not indicate the time, no more than 60 (sixty) days after the Contract is concluded. The above terms should be considered merely indicative, and thus in no case may they be considered essential. In any case, it is recommended that the Customer accept the order under reserve, so that they can advise the courier of any damage to the products during shipment. The Customer must immediately report any damage to the Product wrapping or packaging by noting that it is subject to inspection on the courier’s proof of delivery. Otherwise, once the courier’s document is signed without objection, the Customer may not raise any objections regarding the outside appearance of what was delivered.

3.8 Product availability

The Products for sale are reported in special sections of the Site and could be changed or updated by the Company from time to time. The Company is in no way responsible for the temporary or permanent unavailability of Products. If an order is already processed and concluded and a Product ordered is temporarily unavailable, the Company will send the Customer an email in which it undertakes to provide an alternative Product of equal value at no additional cost. The Customer may refuse this offer and the Company will promptly deduct the price of the item no longer available, or if necessary refund the Customer for the Product no longer available.

3.9 The Site’s intellectual property rights

All Site contents are the property of the Company or third party licensees of the company and are protected not only by international and United States laws on copyright, distinctive symbols, patents and trademarks, but also by other laws and international conventions on the protection of intellectual property and the relative intellectual property rights. The Company does not claim ownership of third party copyrights. No Customer may sell or modify the Site, or reproduce, publicly display, or otherwise utilize the Site in any way for public or commercial purposes. Permission to reprint or electronically reproduce any document or graph, in whole or in part, for any other purposes is expressly prohibited without the Company’s written consent.

3.10 Trademarks

The Company may use its own packaging, with its own trademark, to deliver the Products to Customers who makes purchases on the Site. Customers do not have the right to use the Company’s trademarks and/or the licensed trademarks it uses. Therefore, Customers may not utilize and/or request registration for any distinctive mark identical or similar to the Trademark for products and services that are identical or similar to those for which the trademark is used or registered. In particular, Customers may not:

  • file in their own name or arrange for filing, in any country, applications to register trademarks identical or similar to the Trademarks;
  • assume a business name, insignia, company or firm name or mark that is identical or similar to the Trademarks;
  • register a domain name identical or similar to the Trademark, or which contains the Trademarks.

Customers also undertake to promptly inform the Company of any violation of Trademark rights they become aware of and guarantee full cooperation with the Company in promoting any initiative the Company considers necessary or appropriate in order to protect the Company’s Trademark.

3.11 Attacks, Site unavailability and external links

The Company cannot guarantee that all Customers will have continuous and uninterrupted access to the Site. Attacks on the Site, different browsers, internet connections, geographical position, power outages, network outages, and numerous other factors beyond the Company’s control could prevent access to the Site. The Company makes all reasonable efforts to meet its obligations, and therefore it cannot be held liable. The Site may contain links to other websites and could direct a registered user to other websites within the same window or in a new browser window. These websites are not under the Company’s control and a link on the Company’s website implies no approval of the websites linked by the Company or any affiliation between the Company and the owners of the linked websites. The Company does not guarantee the contents of these sites and accepts no responsibility for the accuracy, contents, terms of use, privacy policies, products, services, legality, reliability, point of view, precision, currency, decency, or any other aspect of the linked websites. The Company encourages all Customers to examine the privacy policies and/or terms and conditions of any third party websites and to use caution when browsing these sites.

3.12 Warranty

The Company warrants that the Products will conform to what is indicated in the order, and, for food products, that they comply with the relevant laws on food safety and traceability. In any event, the Company’s warranty is exclusively legal in nature. For non-food products, the warranty is valid for 12 months after the invoice date, and the defect must be reported to the Company no more than 8 (eight) days after discovery. The Company undertakes to remedy any non-conformities for which it is responsible, and not any which may have arisen during delivery or due to the Customer’s improper use of the Products. The Company may examine or arrange for an examination of Products the Customer declares to be non-conforming or defective. If defects are found, the Company will repair or replace the Products, at the Company’s discretion, at no additional expense to the Customer. The warranty does not apply if the defects were easily recognizable at the time of delivery. The above is not valid for perishable food Products.

3.13 Rescission

Customers do not have the right of rescission, as the subject matter of the Contract is the purchase of perishable food Products like those on the Site, and because the Customer is not a consumer, but rather a commercial operator. An order can, however, be rescinded if it has not yet been confirmed, i.e. before conclusion of the Contract, which occurs upon confirmation that the Company has been paid for the Products.

3.14 Liability

Subject to the provisions in Art. 3.12, the Company expressly declines all liability, either contractual or non-contractual, which may arise in any way or for any reason from the sale or distribution and/or use of the Products or from a delivery delay, including but not limited to liability for lost earnings and direct, indirect, or consequential losses. In any event, the Company cannot be held liable for delays or non-delivery or unavailability of the Site when this is beyond its control, including cases of force majeure and events such as strikes of any kind, war, unrest, or terrorist attacks. This clause does not apply to the Company’s intentional actions or gross negligence.

3.15 Governing law and jurisdiction

These Conditions of Sale are governed by and interpreted in accordance with Italian law. The Courts of Milan have exclusive jurisdiction over any violation or complaint regarding these Conditions of Sale or which arise from or regard the Contract concluded with the Company.