Terms of sale
Payment methods
The Customer may make payment for the price of the Products and related delivery charges by:
- Credit cards
- PayPal
- Prepaid cards
- Bank transfer
1. Background and effectiveness of the General Conditions
The purpose of these general conditions of sale (hereinafter "General Conditions") is to regulate the purchase of products, made at a distance and made available, via the Internet network, from the website https://gisella1915.com/en/ hereinafter, the "Site") in compliance with the Italian regulations set forth in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The contract is concluded exclusively through the Internet network, by accessing the Site and placing a purchase order according to the procedure provided by the Site itself.
These terms and conditions may be subject to change, and the date of posting of these terms and conditions on the Site is equivalent to the effective date.
The person who accesses the Site to make purchases (hereinafter "Customer"):
- A) is obliged, before sending the order, to carefully read the General Conditions, giving appropriate confirmation; the General Conditions are, moreover, made available to the Customer on the Site and can be consulted at any time by the Customer also through the link contained in the e-mail confirmation of each order to allow him to reproduce and store them.
- B) declares that he/she is of legal age according to the legislation applicable to him/her. The Customer who makes a purchase through the Site also represents and warrants that the person who will receive the shipment of the purchased products is of legal age according to the legislation applicable to the latter. In this regard, he/she acknowledges that he/she is fully aware that the legislation in force prohibits the sale of alcohol to minors and that, therefore, the delivery of the order can only be made to individuals who prove that they are of legal age, through a declaration made under their own responsibility.
These General Terms and Conditions are governed by the Consumer Code and regulations on electronic commerce (D.Lgs. no. 70/2003 and s.m.i.)
In the event that the person making purchases on the Site is a professional, as defined in art. 3, paragraph 1, letter c) of the Consumer Code, the rules on withdrawal in art. 7 and 8 of these General Conditions or, more generally, the provisions that under the same Consumer Code apply only to "consumers" will not apply.
Contracts concluded with Gisella 1915 through the Site are governed exclusively by these General Conditions in exclusive compliance with Italian law.
2. Choosing and Ordering Products
The characteristics and price of the various products for sale on the Site (hereinafter the "Products" and individually the "Product") are shown on the page relating to each Product and therefore fully knowable by the Customer; the description of the Product, moreover, indicates whether the Customer has the right of withdrawal pursuant to Articles 7 and 8 below of these General Conditions.
In the event that a Product is offered on the Site at a discounted price, the Product tab will indicate the full reference price against which the discount is calculated and what that full reference price corresponds to.
To purchase Products, the Customer must complete and submit the order form in electronic format, following the instructions on the Site.
The Customer shall add the Product to the "Shopping Cart" and, after having read the General Conditions and Privacy Policy and confirmed their acceptance, shall enter his/her data and those necessary for shipping and invoicing or receipt issuance, selecting the desired payment method and then confirm the order.
By submitting the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts these General and Payment Terms.
The contract entered into between Gisella 1915 and the Customer shall be considered concluded with the acceptance of the order by Gisella 1915.
Such acceptance is communicated to the Customer through an e-mail confirmation of the order itself containing a reference to these General Terms and Conditions, the order number, the Customer's data as well as shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery charges.
The Customer has the burden of checking with the utmost care and attention the correctness of the data contained in the Order Confirmation, notifying Gisella 1915's customer service (hereinafter the "Customer Service") of any errors and/or corrections no later than 12 (twelve) hours from receipt of the Order Confirmation itself; such communication may be made exclusively from the Site using the appropriate contact form accessible through the "Contact Us" tab.
After the aforementioned period has elapsed, the order will become final will be put into processing for shipment and no further changes will be accepted, all without prejudice to the Customer's rights under Article 7 below.
Prior to sending the Order Confirmation, Gisella 1915 will check stock availability for order fulfillment.
In the event that one or more Products are not available within the delivery terms set forth better below, Customer Service will expressly indicate this in the Order Confirmation and the Customer, within the next 12 (twelve) hours, shall have the option of either:
- respond by confirming shipment of only the Products available, or, respond by canceling the entire order placed. -
- If there is no response within this period, the order will be considered confirmed for only the available Products which will then be put into shipment.
- The amount related to the Products that cannot be delivered, because they are not available, will, in any case, be reversed from the payment made by the Customer, who will then be required to pay only the balance of the confirmed Products.
3. Product Information
Information and features related to the Products are available, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet.
It is understood that any images of the Products are for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and qualities but may differ in color and size.
In case of any difference between the picture and the written Product sheet, the description on the Product sheet shall always prevail.
Gisella 1915 strives to describe and present the items sold on the Site in the best way possible.
Nonetheless, some errors, inaccuracies or differences between the Site and the actual product may become apparent; furthermore, photographs of the Products presented on the Site do not constitute a contractual element, as they are intended to be merely representative.
4. Prices and timing of shipments
Product prices include all taxes and fees. All prices are in Euros.
Shipping costs are not included in the prices of the Products, but are calculated based on the following:
- Shipping within Italy: shipping cost is €20 (Euro twenty).
- Shipments Abroad (in the countries expressly indicated in these General Conditions and with the express exclusion of beverages and/or Alcoholic Products): cost of shipment abroad is €48 (Euro forty-eight).
The Customer accepts Gisella 1915's right to change the prices of the Products (as well as the shipping costs) at any time; that being understood, the Customer will be charged the prices and costs indicated on the Site at the time the order is created and then at the time the order is sent, as indicated in the Order Confirmation.
In the event of a computer error, manual, technical, or any other nature that may result in a substantial change, not foreseen by Gisella 1915, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order, although accepted, will be considered invalid and cancelled and any amount paid by the Customer will be refunded within 14 (fourteen) days from the day of cancellation of the order.
The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method.
In the case of bank transfer or payment with Prepaid Cards, it will be the responsibility of the Customer, in accordance with the procedures set forth in Article 11 below, to provide the bank details on which to obtain reimbursement (account holder, name and address of the Bank and IBAN).
In case of purchase of multiple Products, Gisella 1915 reserves the right to deliver the individual Products with different timing and delivery.
Such a choice by Gisella 1915 will not result in any additional costs for the Customer, not even in terms of delivery charges.
5. Payment and billing arrangements
5.1 Payment methods
The Customer may make payment of the price of the Products and related delivery charges by bank transfer, the credit cards indicated on the Site and by PayPal.
- Bank transfer
Once the order is confirmed, the Customer will receive the coordinates on which he/she can make the payment by indicating the order number in the reason for payment.
The order will be considered valid once the currency of the customer's transfer to the account indicated by Gisella 1915 is received, only at that time will the delivery timeframe begin.
- Credit Card
The circuits on which you can purchase within the Site are: Visa / Visa Electron Mastercard American Express Maestro iDEAL Bancontact Shop Pay Apple Pay Google Pay
To ensure maximum security, the Customer will make the payment transaction directly on the bank's secure server.
The Site does not store the Customer's credit card number, but thanks to the secure communication system of the credit reference institution, from the second charge, the Customer who wishes to
- by selection of the appropriate option you will be able to proceed with the purchase without re-entering your information.
The referring bank uses the SSL protocol to encrypt data transmitted between its server and the Client's browser.
In no event shall Gisella 1915 be held liable for any fraudulent and illegal use of credit cards that may be made by third parties during the process of purchasing and paying for Products.
Gisella 1915 reserves the right not to accept purchase orders or suspend the execution of orders already confirmed in case of anomalies or irregularities in payment.
In this case, Gisella 1915 reserves the right to ask the Customer for additional information and/or to send copies of documents proving the ownership of the credit card used for the purchase.
In the absence of the required documentation, Gisella 1915 reserves the right not to accept the order, or to terminate any contract already concluded, without this entitling the Customer to claim damages or assert any claim whatsoever.
In case of payment by credit card, the actual charge of the amount of the order will occur when Gisella 1915 will send the Order Confirmation.
- PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her account or by using a card, including a prepaid card, or otherwise in the manner accepted by PayPal and in accordance with its terms.
Under no circumstances can Gisella 1915 be held responsible for any fraudulent and illegal use of the payment instrument that may be made by third parties during the procedure of purchasing and paying for the Products.
Gisella 1915 reserves the right not to accept purchase orders, or suspend the execution of orders already confirmed if Paypal reports anomalies or irregularities in payment.
In this case, Gisella 1915 reserves the right to ask the Customer for additional information and/or to send copies of documents proving the ownership of the credit card used for the purchase.
In the absence of the required documentation, Gisella 1915 reserves the right not to accept the order, or to terminate any contract already concluded, without this entitling the Customer to claim damages or assert any claim whatsoever.
In case of payment by PayPal, the actual charge of the order amount will occur at the time Gisella 1915 will send the Order Confirmation.
5.2 Fiscal documentation to support orders
Gisella 1915 will issue properly numbered tax receipts at the time of shipment for both individuals and businesses.
In the event that , within 48 (forty-eight) hours after confirmation of the order, the Customer does not receive the tax receipt by e-mail, the Customer may contact Customer Service from the Site in accordance with the provisions of Article 11 below.
Only the information provided by the Customer will be used for the issuance of the receipt, and it is therefore necessary for the Customer to take the utmost care in entering it and its subsequent verification.
If the purchase is made by a Customer who acts, not as a consumer, but as a professional operator, as defined by Article 3 of the Consumer Code (hereinafter the "Professional"), shall , exclusively by selecting the appropriate box during the order procedure, request the issuance of the invoice, indicating the data relating to its VAT number, so that the invoice issued by Gisella 1915 can report such data.
Gisella 1915 will issue an invoice for the order, sending it by e-mail to the Customer registered with the order.
In the event that, within 3 working days of order confirmation, the Customer does not receive the invoice by e-mail, the Customer may contact Customer Service from the Site in accordance with the provisions of Article 11 below.
The information provided by the Customer will be the sole basis for the issuance of the invoice, and it is therefore necessary for the Customer to take the utmost care in entering it and in its subsequent verification.
The Products are subject to applicable customs and export control laws and regulations and therefore must be purchased, exported and used in accordance with such regulatory provisions, which the Customer, by proceeding to formulate the order, declares to be aware of.
6. Transportation and delivery
Gisella 1915 uses appropriate packaging with respect to the nature of the Products.
In the case of both homogeneous shipments by manufacturer and mixed selections, Gisella 1915 reserves the right to use the manufacturers' own packaging.
Gisella 1915 will proceed with delivery directly and/or by specialized carriers specifically designated by Gisella 1915 itself (hereinafter the "Carriers" and individually the "Carrier").
At the time of delivery, the Customer's presence is required; if the Customer is absent at the time of delivery, he/she may delegate a third party provided that he/she is of legal age according to the applicable law according to the place of delivery.
Under no circumstances may Products be delivered to individuals under the age of 18 or to individuals who are unable to show valid identification.
At the time of Delivery, the Customer is obliged to check that the packaging is intact, that the Products received correspond to what is stated in the order and transport document. In case of visible defects, such as wrong quantities and/or wrong Products and/or non-integrity of the packaging, the Customer is obliged both to report such anomalies on the transport document and to contact Customer Service from the Site without delay in accordance with the provisions of Article 11 below.
Where the Customer intends to report anomalies, he/she is still required to sign the transport document indicating "subject to control on the integrity of the products"; if this is not done, the Customer will not be able to dispute, subsequently, the external non-conformity of the Product and its quantity with respect to what was ordered.
Gisella 1915, except in cases of force majeure or fortuitous event, will deliver the ordered Products within a maximum of 7 (seven) working days starting from the day following the Order Confirmation.
The Products will be delivered to the address indicated by the Customer during the purchase process in the appropriate "Shipping Data" field.
However, Gisella 1915 is never responsible for delays that are unforeseeable or beyond its control.
Once the Products have been shipped, the Customer will receive a shipping confirmation e-mail which will include a link to refer to for tracking the shipment.
All purchases will be delivered Monday through Friday, excluding holidays and national holidays. Delivery will be made between the hours of 8 a.m. and 20.00. Gisella 1915 or the Carrier will make no. 1 (one) attempt to deliver the Products; in case of absence, Gisella 1915 and/or the Carrier will send the Customer a communication by e-mail indicating the telephone number to contact or the link to select in order to arrange the second delivery.
After the second unsuccessful attempt, a second e-mail will be sent, informing the Customer that the Products will be held free of charge at Gisella 1915 or at the Carrier (depending on who made the second delivery attempt) for a maximum of 24 (twenty-four) hours, starting from the sending of said second e-mail.
During this period, the Customer may contact the Carrier to make arrangements for a new delivery directly and at its own expense.
Once the aforementioned 24 (twenty-four) hours have elapsed without the Customer agreeing to a new delivery, the Products will be returned to Gisella 1915, the contract will be considered terminated and the purchase order consequently cancelled pursuant to Article 1456 c.c.
In this regard, the Customer acknowledges that the withdrawal of the Product is his precise obligation deriving from the purchase contract and that the non-fulfillment of this obligation for perishable or otherwise perishable goods always entails to Gisella 1915 a damage equivalent to the price of the Product not withdrawn.
- Active delivery services in Italy:
Express Courier
- Active delivery services abroad:
Express Courier [FP4] Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain (with the exception of the Canary Islands and Ceuta and Melilla), Sweden, Hungary, Germany.
Delivery of alcohol outside the territory of the Republic of Italy is not allowed.
Delivery to post office boxes or poste restante is, likewise, excluded. In the event that the shipping address does not fall within the boundaries of the countries indicated above (with the exclusions stated therein) or is at a post office box or poste restante, Gisella 1915 will independently proceed to terminate the contract pursuant to and for the purposes of Article 1456 c.c. Gisella 1915 will then proceed within 14 (fourteen) working days following the termination of the contract.
7. Right of withdrawal
Only the Customer who is a consumer, as defined in Article 3 of the Consumer Code (hereinafter the "Consumer"), shall be entitled to the rights set forth in Articles 52 et seq. of the Consumer Code, as amended by the D.Lgs. of 21/02/2014 No. 21; the Consumer therefore has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, subject to the cases of exclusion provided for in point IV of this Article 7 below, all in the manner specified below (hereinafter the "Withdrawal").
In case of purchase of Products, to exercise the right of Withdrawal, the Consumer must send Gisella 1915 a notice within 14 (fourteen) days from the date of receipt.
If you intend to exercise the Withdrawal prior to having received the Products, the relevant notice may be sent at any time prior to their receipt.
Such notice should be sent by registered letter with return receipt, addressed to:
c.a. Returns and Refunds Office
Gisella 1915 S.r.l.
49 Riccione Street
41125 Modena (MO)
The Customer Service of Gisella 1915 will provide, once received the communication, to open a file for the management of the return and to communicate to the Consumer the instructions on how to return the Products, which will be done by courier indicated by Gisella 1915 itself.
The right of Withdrawal is governed by the following conditions:
- The right applies to the order duly confirmed in its entirety; therefore, if the order consists of several components or parts, it is not possible to exercise withdrawal only for a part of the order.
- In case of correct and timely exercise of the right of Withdrawal, Gisella 1915 will refund the Customer Consumer the full amount of the returned goods, excluding shipping costs where applicable, within 14 (fourteen) days from the date on which the notice of Withdrawal was received, without prejudice to the right of Gisella 1915 to suspend the payment of the refund until the actual receipt of the goods where it is a purchase of Products. The refund will be made using the same method of payment used by the Consumer Customer, unless the latter has expressly requested a different method. In case of transfer payment with Gift Cards Gisella 1915 will be the responsibility of the Customer Consumer, in accordance with the procedures in Article 11 below, provide the bank details on which to obtain reimbursement (account holder, name and address of the Bank and IBAN). In the case of total or partial payment with Online Gift Cards a new Online Gift Card, loaded with an amount equal to that used for the purchase, will be sent to the Consumer Customer by Gisella 1915.
- Also in order to be able to guarantee the free of charge return under Article 8 below, the Products must be returned in the same box in which they were received, in perfect condition and otherwise in no way altered.
Without prejudice to what is stated elsewhere in these General Conditions, the Consumer's right of Withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
- ordering custom-made or clearly customized Products;
- order of Products that are likely to deteriorate or expire quickly;
- order of sealed Products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery.
With reference to the cases of exclusion of the right of Withdrawal listed above, the Customer Consumer, in particular, is informed and accepts that among the Products that "are likely to deteriorate or expire rapidly" include all Food Products , as the characteristics and qualities of these types of Products are subject to alteration even as a result of improper storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Gisella 1915 and put back on the market without danger to health (such as books, gadgets, kitchen utensils, etc.).
The Customer is prohibited from proceeding with the return of any Product, in the absence of compliance with the combined provisions of Articles 7 and 8 of these General Conditions
8. Free return in case of exercising the right of withdrawal
As a more favorable condition for the Consumer Customer, Gisella 1915 keeps the shipping costs for the return of the Products fully at its charge in case of correct and timely exercise of the Right of Withdrawal.
In order to benefit from such free shipping, the Consumer Customer who intends to exercise the right of Withdrawal shall follow the procedure indicated in Article 7 above and wait to be contacted by Gisella 1915 Customer Service to agree on the return of the Products to the courier that will be chosen directly by Gisella 1915
It is understood that it is the precise obligation of the Consumer to provide maximum availability and cooperation in the return of the Products.
The Consumer agrees as of now that it is not possible to exercise the right of Withdrawal in relation to Products that are damaged or used, even in part, by the Consumer.
The Consumer shall place inside the packing box a copy of the delivery document received
9. Warranty and Conformity Defects
In the event of conformity defects in Products sold by Gisella 1915, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the "Customer Service" tab, all in accordance with Article 11 below.
Legal guarantee for the Consumer Customer: the Consumer has the right to make use of the legal guarantee provided by the Consumer Code itself in articles 128 to 132. This guarantee provides, among other things, that the Consumer, under penalty of forfeiture, report to Gisella 1915 any lack of conformity found by the same Consumer in the Product purchased within 2 (two) months of discovery (Article 132 of the Consumer Code). Following such a complaint, the Consumer shall have the right, at his or her choice and provided that the type of Product allows it, to the restoration, without cost, of the conformity of the Product by repair or replacement, or to an appropriate price reduction or to the termination of the contract. The Consumer shall forfeit these rights if he does not report the lack of conformity to Gisella 1915 within the term of two months from the date on which he discovered the defect, unless the Product is by its nature perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term.
Beyond the term of two years, better mentioned above, Gisella 1915 will not be, however, responsible, for conformity defects found by the Consumer. In the event of replacement or repair of the Product, the terms of the warranty relating to the Product given in replacement or resulting from the repair, are the same as those of the original Product; the total two-year term, therefore, of the legal warranty will, in any case, run from the delivery of the original Product. In order to take advantage of the warranty, the Consumer will in any case be required to show the fiscal documentation issued by Gisella 1915 at the time of purchase pursuant to the foregoing. Reference is made, in any case, for the regulation of the legal warranty, to the rules of the Consumer Code set forth in Articles 128 et seq.
Legal guarantee for the Professional: the Professional Customer has the right to make use of the legal guarantee provided for in the Civil Code. This guarantee provides, among other things, that the Professional, under penalty of forfeiture, must report to Gisella 1915 any lack of conformity found in the Products purchased within 4 (four) days of discovery. The above legal warranty is valid for the maximum term of six (6) months from the delivery of the Product.
Beyond this term, Gisella 1915, therefore, will not be responsible for conformity defects found by the Professional Customer. In any case, the Professional Customer, in order to activate the warranty, must show the fiscal documentation issued by Gisella 1915 at the time of purchase in accordance with the above.
10. Errors and limitations of liability
The information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Gisella 1915 cannot be held responsible, except in cases of intent or gross negligence.
Gisella 1915 reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.
Except in the case of Gisella 1915's willful misconduct or gross negligence, any right of the Customer to claim and/or obtain from Gisella 1915 itself compensation for damages or the recognition of an indemnity is excluded; any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order is also excluded against Gisella 1915.
Gisella 1915 promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except malice or gross negligence, in the case of purchases made by minors under 18 (eighteen) years of age. By purchasing any alcoholic product, the Customer declares that he/she is of legal age as per art. 7 of DL 158/2012. Gisella 1915 assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared to be of a different age. Delivery of alcoholic products is allowed only within the territory of the Republic of Italy.
In any case, Gisella 1915 assumes no responsibility for inefficiencies attributable to force majeure or fortuitous events, even when dependent on malfunctions and inefficiencies of the Internet.
11. Communications
Any communication, other than those provided for the Withdrawal or in any case for which, in these General Conditions, a different modality is provided for, must be forwarded to Gisella 1915 using the appropriate contact form accessible directly on the Site through the "Customer Service" tab, or by registered mail with return receipt to the following address:
c.a. Office of Communications
Gisella 1915 S.r.l.
49 Riccione Street
41125 -Modena (MO)
Gisella 1915 strives to respond to all inquiries received within a maximum of 14 business days. Customer Service communicates and accepts communications in Italian or English.
12.Risoluzione online consumer disputes (ODR)
If the Customer is a Consumer residing in the EC, he/she may avail him/herself of a dedicated tool for alternative dispute resolution, as referred to in Legislative Decree 28/2010.
13. Applicable law and jurisdiction
The sales contract between the Customer and Gisella 1915 is understood to be concluded in Italy and governed exclusively, with prior waiver of the application of any other legislation, by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or otherwise relating to individual sales contracts and/or in any case to individual purchase orders:
- Where the Customer is a Consumer, the court of the municipality of residence or domicile of the Consumer shall have exclusive jurisdiction, provided that the same is located in the territory of the Italian Republic;
- In all other cases, the territorial jurisdiction is exclusively that of the Court of Modena, any other jurisdiction excluded.
*** Pursuant to Article 1341 c.c. the Customer declares that he/she has read and specifically accepts the following articles of these General Terms and Conditions: 6 (liability for late delivery), 10 (right to correct errors - exclusions of liability).