Preliminary clause – Definitions
For the purposes hereof, the terms below will have the following meaning:
“GARDEMOTIONS” VAT NUMBER 03954650986, registered by the Camera di Commercio in Brescia, Italy, whose Registered Office is located in Padenghe sul Garda (BS) (25080) via Gramsci, 51 (Italy), represented by its Owner and Managing Director, Federica Cauzzi, intercommunity VAT number.
“Booking Confirmation”: An electronic document sent out by Gardemotions to the customer, following the reservation process and its validation by the Customer, made online through the website defined below, as per article 4.3.3. summarising the purchase of the products as validated by the Customer online on said website, reproducible on hard copy by the Customer which summarises the characteristics of the products purchased by the Customer, the total price and shipping and billing details.
“Sales contract”: Online contract concluded by Gardemotions and the Customer, following validation of his order for one or several products offered on the website defined below, and receipt by him of the reservation confirmation.
“Customer”: an adult natural person having full legal capacity when signing the sales contract, or a legal entity duly represented by a natural person having legal capacity and status to represent them.
“E-mail”: any message in text, voice, sound, or image form sent through a public communication network and stored on a network server or within the intended recipient’s terminal equipment until the recipient retrieves it.
“Order”: process carried out online by the customer from the website defined below, consisting of choosing and selecting the products and their quantities to be placed in the shopping basket, which is concluded on validation of the order and with payment of the applicable price.
“Mobile services”: all services and protocol enabling the connection of mobile phones to the Internet, and therefore making an order in particular.
“Products”: various Products marketed by Gardemotions on the website, particularly in the so-called page ‘Filling the Fridge’ and in the correspondent ten experiencing moods. The essential characteristics of these products are displayed once the Customer clicks on the product chosen from the website.
“Web site”: electronic service used by Gardemotions on the Internet, accessible at www.gardemotions.com
CLAUSE 1 – SCOPE OF APPLICATION
1.1.1 These General Terms and Conditions apply, without restriction or reservation, to all Services offered at www.gardemotions.com by Gardemotions operating the aforementioned site for the purposes of marketing the Products.
1.1.2. These General Terms and Conditions apply to all operations of orders and sales defined hereinabove by any person defined as a Customer.
1.2 Territory. The products appearing on this Web site are offered in order to be provided to the Customer by Gardemotions, involving delivery in all EU territories covered by the transporters involved in the Delivery.
1.3.1. These General Terms and Conditions will remain in effect for the entire time the Products are marketed online on the website by Gardemotions
1.3.2. Gardemotions reserves the right, without prior notice or compensation, to shut down the Website or the Online Product sale section temporarily or permanently.
1.3.3. Gardemotions is not responsible for damages of any nature that may result from these changes and/or temporary unavailability or even the permanent shutdown of all or part of the site or Product Marketing Services associated therewith, such as the possibility of making an order.
1.3.4. Gardemotions reserves the right to adapt or modify these general terms and conditions at any time. In the event of modification, the general terms of condition at the time the order is validated, and its acknowledgement of receipt, will be applied to each order.
1.4 Legal framework
1.4.1. Any order with a view to the purchase of the Products defined below made on the website is subject to these General Terms and Conditions.
1.5.1. These General Terms and Conditions define the rights and obligations of the parties with regard to the sale of Products by Gardemotions on its web site.
1.5.2. They govern all stages necessary for the completion and tracking of an order, its maintenance and its validity, the process of purchasing the Products in question chosen by the Customer, payment of the applicable price, and the delivery conditions for the Product/s sold to the Customer by Gardemotions.
CLAUSE 2 – ABILITY AND ACCEPTANCE OF THE CUSTOMER
2.1. Any Customer acknowledges having the ability to enter into a contract under the terms defined in the General Terms and Conditions presented hereinafter, i.e. being of legal age and not being under guardianship or trusteeship. In the case of a Customer who is a legal entity, the physical person representing it must have capacity to act, to use the means of payment corresponding to the name of the legal entity and full capacity as indicated above.
2.2. The Customer acknowledges that he was shown these Terms and Conditions prior to validating his order.
2.3. The Customer accepts that the General Terms and Conditions, the contractual documents informing him of the essential characteristics of each of the Products and applicable prices, as well as the order form and the order conditions have been presented to him online on the website for the purposes of concluding the sale Contract relating to the products ordered by him.
2.4. The Customer acknowledges having obtained all of the necessary information from Gardemotions on the website.
2.5. The Customer acknowledges having read these General Terms and Conditions, accepted them as well as all of the terms of the offer before placing his or her order, and accepted all of the terms.
2.6. Any validation of an order made online from the website by the Customer requires the prior acceptance of these General Terms and Conditions.
2.7. The Customer’s approval of these General Terms and Conditions of sale occurs on making an order, prior to the validation of his/her purchase by mandatory selection of the box provided for this purpose, indicating “I have read and accepted the general conditions of sale”.
2.8. The Customer, prior to ordering the Products, declare and acknowledges having created an account where he or she has entered his or her e-mail, name, surname and delivery address, with the option of entering a second billing address.
2.9. The Customer may save and print these General Terms and Conditions from the website by using the standard functionalities of his or her browser and/or computer.
2.10. The Customer expressly accepts that the entry of the required banking information as well as the acceptance of these General Terms and Conditions and that the validation of the order takes place online on the website. The Customer likewise agrees that the action of confirming the payment by PayPal, or credit card, or bank transfer, constitutes an electronic signature, which has the same value between the parties as a handwritten signature.
CLAUSE 3 – CONTENTS OF THE WEBSITE
3.1. The site mentions the following information:
• The precise identification of Gardemotions, indicating its corporate name, the address where it is established, its e-mail address, its telephone number, its registered office, whether it is subject to value-added tax, its individual identification number if different, the address of the establishment responsible for the offer.
• The essential characteristics of the Products are displayed once the customer clicks on the chosen product with, as applicable, one or several options to select (for example size, design);
• In the event of unavailability of the product an error message is displayed after clicking on “add to cart”, requiring the Customer to return to the order process previously under way.
• the prices of each Product;
• the payment terms;
• the General Terms and Conditions of Sale;
• Effective availability of the offer at the time of the order;
• the minimum contractual term proposed, as applicable;
• the existence of a right of withdrawal, the conditions for exercising it and the term of this right,
3.2. All information accessible on the website is presented in English
CLAUSE 4 ORDER
4.1. Online order procedures
4.1.1. The Customer chooses the Products presented on the website which offers the Customer the possibility of reserving one or several Products of his or her choice, according to the transparent contractual rates displayed on the page of each product with or without supplementary options left for the Customer to purchase freely.
4.1.2. The Customer acknowledges having become familiar with the nature, purpose, and procedures for ordering Products available on the Web site and having sought and obtained any necessary and/or additional information in order to complete his or her reservation with full knowledge of the facts.
4.1.3. The Customer is solely responsible for his or her choice of Services and their appropriateness for his or her needs so that Gardemotions cannot be held responsible in this regard concerning the customer’s choice and the contents of his or her order.
4.1.4. The order is considered accepted by the Customer following the order process by clicking on the button of payment effected by bank card, bank transfer or PayPal on the last page of the order process as described below.
4.2. Online Order process
4.2.1. Orders are made by the customer by using the digital order form accessible online on the website.
4.2.2. The order is considered made upon the confirmation of the reservation by Gardemotions as per clause 4.3.3 and subject to online payment by bank card, bank transfer or PayPal under the terms set out in clause 4.2.5.
4.2.3. The Customer undertakes, prior to any order, to fill in the information requested, particularly that relating to his or her mandatory information, indicated by an asterisk above the information fields.
4.2.4. The Customer vouches for the veracity and accuracy of the transmitted information.
4.2.5. The order procedure, in which the collection of personal data is secured under the conditions of article 9 below, includes the following main stages, it being specified:
That from the beginning of the order process, the Customer is informed that payment by bank card, bank transfer or PayPal is mandatory, and that delivery is limited to the EU territories served by the carriers entrusted with transporting the products.
That it is always possible for the Customer to take a step back in the order process by clicking on each of the stages described below, and shown in a tab on the active page, or by clicking on “UPDATE CART” to modify the details, with the possibility of deleting them:
188.8.131.52. Step 1 – SUMMARY
This step involves choosing the Products: the Customer determines access to the pages relating to the Products sold online, by clicking the different boxes divided by mood. “This step is valid and adjustable whatever the Product selected by the Client after clicking on the chosen product: the Customer determines the number of products ordered, any applicable options (eg, size) and chooses to click to “add to cart”.
Each time a product is added to the cart, the cumulative total of products is displayed with their respective quantities and price inclusive of carriage costs, as indicated in article 6.3.4, and displaying the order total in Euros. The customer may choose to continue with the order by clicking on “CONTINUE SHOPPING”, or complete the order by clicking on “PROCEED TO CHECKOUT”. The Customer may also enter any discount or promotion by clicking “APPLY COUPON” in the field reserved to this effect.
184.108.40.206. Stage 2 – ID
This stage involves the Customer identifying him or herself as the person making the order, requiring, at the time of the first order, the creation of a personal account involving the obligation to complete the fields marked with an asterisk and, more specifically, his or her e-mail, name, surname, telephone number, physical delivery address and, optionally, a billing address if different to the delivery address.
220.127.116.11. Step 3 – ADDRESS
This step involves displaying the summary of the Customer’s Id and postal address and, as applicable, different billing address, with the possibility for the Customer of changing it using the “update” button, add an address, separate the delivery address from the billing address and leave a message about the order.
18.104.22.168. Step 4 – DELIVERY
The price of the delivery of the product ordered is already calculated in the final sales price. No extra costs are to be calculated.
The delivery deadline for the products ordered is indicated and indicative, according to the destination entered by the customer for the place of delivery and corresponds to the typology of the transport and carrier package by the Customer. The delivery deadline indicated during the reservation process does not exceed 30 days when the delivery is to be made outside Italy. The delivery deadline may only commence as of acknowledgment of the order and, in any event, due receipt of payment by Gardemotions.
The Customer must accept these General Terms and Conditions of sale as indicated in article 2.7, accessible on the site before being able to continue his or her order, by clicking on payment button, which displays his or her order with:
The summary of the products as already displayed and known since stage one.
The delivery conditions.
Request additional information to facilitate the delivery of the package, such as the door code of the building concerned.
Indicate specific delivery conditions depending on the destination and options validated by the Customer.
In this case, and depending on the dedicated pages opened for the Customer’s choice,
Each of these services systematically comprises its essential characteristics and the indication of its special or additional price compared with that previously validated by the Customer during the online order process,
This gives rise, as applicable, to further entries by the Customer of information relating to delivery information and delivery methods until the Customer separately validates them.
22.214.171.124. Step 5 – PAYMENT
On validation of the delivery conditions, the Customer arrives at the online payment page.
Payment is made exclusively online by bank card or PAY PAL.
The Customer chooses the corresponding card, accepted according to the online payment protocol, namely: VISA, Master Card etc clicking on the corresponding icon, or select PayPal or direct bank transfer. The Customer must then enter the information relating to his bank card displayed under the order price inclusive of tax and carriage and the payee, on the payment page secured by the provider. Name of the cardholder, card number, expiry date and security code. The Customer may only validate payment once all this information has been entered. In any event, the Customer only validates the payment after clicking on the button of final payment.
As applicable, depending on the protocols inherent to the bank the means of payment is related to, the Customer may be required to complete additional security codes.
4.2.6. CUSTOMER ACCOUNT
126.96.36.199. At any moment during the order process, or even without making an order, the Customer may consult his or her Customer account that he or she was required to create at the time of his or her first order.
4.2.7. TRACKING AN ORDER
For all matters relating to the tracking of an order, the Customer may contact the Customer Service of Gardemotions via the contact form on the website under the “CONTACTS” tab, where the order references are contained in a scroll down menu, or by e-mail to the address email@example.com
4.3. Formation of the online Contract
4.3.1. The online sales contract is only formed after the Customer has, on completion of the order process and its five steps described in 4.2.5:
clicked on the payment button.
Otherwise the order is considered to have been interrupted and without effect.
4.3.2. The formation of the online sales contract, pertaining to the products/services identified in the order, takes place on receipt of the order by Gardemotions, which gives rise to the sending of an e-mail acknowledging the order, bearing a dedicated order number as set out in article 4.3.3.
4.3.3. In all cases of orders resulting in the formation of a contract for the online sale of the ordered products, and without prejudice to the provisions of clause 4.4. an e-mail summarising the acknowledgement of the order with its dedicated number is sent to the Customer at the e-mail address indicated in the fields completed at stage 2, ID, or the creation of his or her personal account. This method of notifying the online sales contract is expressly accepted by the Customer. This e-mail constitutes evidence of confirmation of the acknowledgement of the order which summarises the terms of the contract, the products purchased, their respective prices, any discount slips as applicable, dispatch costs, the total order price, the delivery deadlines, the delivery provider and the billing address, information relating to the after sales service and commercial guarantees, if any, the conditions for exercising any right of withdrawal with the related form, as well as the Gardemotions address to which the Customer make any claims, and at which the sales contract for the ordered products is concluded.
4.4 Right of Withdrawal by the Customer:
4.4.1. The Customer has a right of withdrawal, without reasons or penalties, subject to postal cost of returning the products in question within 14 calendar days of the date of receipt of the ordered products.
4.4.2. The Customer’s right of withdrawal is exercised under the following conditions to take effect:
– The Customer completes the withdrawal slip, attached to the e-mail acknowledging his or her order and completing all the information required and entering his signature,
– The Customer attaches the duly completed information and contacts Gardemotions by e-mail to the address firstname.lastname@example.org within the deadline set out in clause 4.4.1.
4.4.3. An e-mail acknowledging receipt of the withdrawal form must be received by the Customer, without prejudice to any lack of effect in the event that the conditions for exercising it set out in clause 4.4.2, and the conditions for the retracted objects set out in articles 4.4.4 and 4.4.5 are not respected.
4.4.4. If the right of withdrawal set out in clause 4.4.1 is exercised, and under the conditions set out in clause 4.4.2, the Customer must return by post the goods subject to the right of withdrawal, the return costs being borne by the customer, to Gardemotions, after having received instructions about the right address of return.
– In their original conditions.
– With packaging in good condition (Not torn or damaged).
– Accompanied by the duly completed and signed withdrawal information file.
– Immediately after exercising his or her right of withdrawal, and within a maximum time frame of fourteen days after exercising his or her right of withdrawal.
4.4.5. The postmark for the return of products by the Customer as indicated in clause 4.4.4. has evidentiary force.
4.4.6. If the Customer under the conditions of this article 4.4 exercises the right of withdrawal. the sales price inclusive of tax shall be reimbursed by transfer into the account used to pay for the order, concerning the products subject to the right of withdrawal inclusive of taxes, once Gardemotions has recovered said products, as long as the Customer respects clauses 4.4.4 and 4.4.5.
4.4.7. In any event the exercising of the right of withdrawal by the Customer cannot have the effect or allow he or she to claim avoidance of the conditions set out concerning receipt of delivery set out in article 6.4. Exercising the right of withdrawal is understood to be an action pursuant to that which the law confers on the Customer in respect of the online sale contract, but not to cancel any defective delivery.
4.5. Availability of products:
4.5.1. The products offered on the website constitute the offer of said products within the limit of available stock.
4.5.2. In the event that, during the order process, a product is not available in stock, or at least not in the quantity or options desired by the customer (size, colour, etc.…), an unavailability message is displayed, and the order cannot be finalised, as it concerns unavailable products.
4.5.3. In the event that, following the order process and at the moment it is processed by Gardemotions, it is found that the product/s ordered are no longer available in stock, a warning message is sent to the Customer to the e-mail address he or she entered during the order process, proposing, within thirty days of the payment received, delivery of the ordered product, an exchange with a similar product at a similar price, or reimbursement. In this case, it is down to the Customer to notify his or her choice by the e-mail address provided for this purpose. In the absence of a response from the Customer to the notification e-mail within 30 days of payment, setting out his or her choice, he or she shall be repaid automatically by crediting the bank account that issued the payment, for the price of the unavailable product.
CLAUSE 5 -TARIFFS /PRICES / PAYMENT
5.1. The prices of products are indicated before and during the order process as indicated in clause 4.2.5. Prices are valid in real time and are displayed once a Customer consults a Product on the website. The price of the products ordered must appear under the heading “Number of articles in my cart”.
5.2. The prices of products are subject to value added tax (VAT) and are displayed inclusive of tax at the rate in fore at the moment the order is made, in Euros, and are only valid at the moment of the order on the website.
5.3. All orders, whatever their origin, are payable in Euros as specified during the order process, any exchange costs being borne by the Customer’s bank.
5.4. Delivery tariffs are indicated at the time of the order as specified in article 4.2.5 and 6.3.4. In the event that several tariffs are available for delivery, they are displayed during the order process in stage 4, as indicated in 188.8.131.52.
5.5. The order price, that is to say the price of the products and their delivery, is displayed on the site during the order process. The order price inclusive of tax is indicated to the Customer before confirmation of his or her order, and before his or her payment. The price of the order is also confirmed in the e-mail acknowledging the order sent to the Customer as indicated in clause 4.3.3. and on the invoice as indicated in clause 6.3.9.
5.6. No discount or reduction shall be given by Gardemotions for payment online prior to the envisaged delivery dates and conditions contained in these General Terms and Conditions of Sale.
5.7. Gardemotions reserves the right to change the price at any time, but the products shall be invoiced on the basis of the tariffs in force at the moment the orders were made.
5.8. If an incorrect price is displayed during the order process, for whatever reason (computer bug, typing error, technical incident), the order (even one acknowledged under the conditions of article 4.3.3) shall be annulled once the incident is discovered by Gardemotions. In this case, the Customer shall be informed by the sending of an e-mail to the address he or she entered during the order process, or when setting up his or her Customer account. After this information message has been sent out the Customer may, if he or she so wishes, repeat his or her order at the corrected and accurate price.
5.9. The order price is enforceable on finalisation of the order process as indicated in clause 184.108.40.206.
5.10. Payment of the order price by the Customer takes place under the conditions set out in clause 220.127.116.11.
5.11. When paying by bank card, or bank transfer or PayPal, the Customer may verify through his or her browser that the bank details are disclosed in a secure area. For secure payment, Customers are recommended to check, on the bank details display page, the provider logo, the partner verifying that the connection with the Customer’s browser is properly secure before sending data.
5.12. The provider, responsible for securing online payments by bank card, verifies the validity of the Customer’s payment card. The payment card may be rejected for various reasons such as stolen card, frozen card, limit reached, entry error, etc…In the event of difficulty or prohibition, the Customer must, on the one hand, contact his or her bank to identify its origin, and on the other may contact Gardemotions to inform it that he or she cannot pay for the order.
CLAUSE 6 – DELIVERY
6.1. Delivery conditions:
6.1.1. Ordered products are delivered under the conditions chosen and validated by the Customer during the order process as set out in article 18.104.22.168.
6.1.2. The order may only be delivered to the territories served by the carriers within EU.
6.2. Delivery costs:
6.2.1. Delivery costs are borne by the Customer and are already calculated in the product sales price.
6.2.2. Delivery costs are expressed inclusive of all taxes.
6.2.3. Customs fees and other fees in the destination country are borne by the recipient.
6.3. Delivery deadlines:
6.3.1. The delivery deadlines indicated below are generally those set out for carriage services that may be offered during the order process according to the different carriers.
24h to 48h within the Italian territory. International delivery deadlines (excluding Italy) are 30 days maximum within the limit of the territories in EU.
6.3.2. Delivery deadlines commence from the payment of the price of the order is received, concern only working days and do not include Saturday, Sunday and public holidays.
6.3.3. For information, it is specified that packages are generally dispatched within 48 hours of receipt and encashment by Gardemotions of the Customer’s payment.
6.3.4. Carriage costs include packaging, handling and postal costs.
6.3.5. The package containing the order is dispatched to the Customer under the responsibility of the carrier, particular care being paid to packages containing fragile products.
6.3.6. Gardemotions may not be held liable for the consequences of late delivery by the Carrier resulting from an unforeseeable and unavoidable fact.
6.4. Receipt of delivery:
6.4.1. The Customer is required to verify the compliance of the Products received in execution of his or her order at the moment of delivery. Any anomaly concerning the delivery such as:
Products no compliant with the order.
Must be notified within 48 hours of receipt of the order to the Customer service of the website under the conditions of clause 4.2.7, and confirmed by registered mail with notification of receipt to Gardemotions’ email email@example.com. Beyond this 48 hours deadline, in the absence of confirmation by registered mail with notification of receipt, and except in the case of hidden defects, no claim shall be accepted by Gardemotions, the Products sent by partner of Gardemotions to the Customer then being considered compliant.
6.4.2. In any event, damaged or incomplete articles will not be taken back by Gardemotions and shall be returned to the Customer in the event the Customer returns them to Gardemotions.
6.4.3. Packages returned to Gardemotions or the carrier chosen by the Customer during the order process, due to a lack of identification of the recipient or a failure to identify the order in question may be returned to the Customer, as long as:
The customer has declared this to Gardemotions under the conditions of article 4.2.7,
The package is identifiable.
The package is effectively returned to Gardemotions or to said carrier.
The Customer bears the cost of this second dispatch.
6.4.4. Without prejudice to the implementation by the Customer of his or her legal right of withdrawal under the conditions set out in article 4.4., perfumes and beauty products will not be exchanged or reimbursed.
6.4.5. Without prejudice to the implementation by the Customer of his or her legal right of withdrawal under the conditions set out in article 4.4., promotional products will not be exchanged or reimbursed.
6.4.6. Without prejudice to the implementation by the Customer of his or her legal right of withdrawal under the conditions set out in article 4.4., unwrapped electronic products will not be exchanged or reimbursed.
6.4.7. Subject to the conditions set out above, Gardemotions shall reimburse the amount inclusive of tax of the price (of the) Product (s) excluding the delivery costs set out in the order, and excluding the customer’s costs of resending the products. The Customer’s bank account, as entered by him or her during the order process, as stated in article 22.214.171.124. shall be credited said amount, within thirty (30) days of receipt of the products by Gardemotions.
6.4.8. The return costs for a product declared non-compliant with the order shall be borne by Gardemotions subject to an express request being made to this end by the Customer under the conditions of clause 6.4.1. so that postage can be sent to him or her at the cost of Gardemotions.
CLAUSE 7 – CLAIMS
7.1. For any claim relating to an order, the Customer may contact Gardemotions.
By e-mail contained in the section under the “contacts” tab.
By e-mail at the address firstname.lastname@example.org
CLAUSE 8 – GUARANTEES AND RESPONSIBILITIES of Gardemotions
8.1. Under no circumstances may Gardemotions be held liable for the failure of the order and its absence of acknowledgement, particularly in the event of Customer’s failure to correctly fill out his or her order according to the conditions set out in these general terms and conditions of sale, and according to that displayed on the Customer’s fixed or mobile computer terminal when making the online order.
8.2. Under no circumstances may Gardemotions be held liable for a failure to deliver an acknowledged order due to a Customer not correctly completing the information relating to the delivery address or the identification of the recipient according to the conditions fixed in these general conditions of sale, and according to that displayed on the Customer’s fixed or mobile computer terminal during the online order process.
8.3. In all cases of force majeure, particularly those that are unforeseeable and unavoidable to the carrier, Gardemotions may not be held liable in the event of a failure to deliver the recorded order. More generally, Gardemotions may not be held liable for the breach or the improper execution of the order in the event of force majeure, third party act, the actions of the Customer or its partners such as the unavailability of the website, impossibility of accessing the website, external intrusion, computer virus or, in the case of online payment, refusal by the banker of the holder of the bank card used for payment to authorise the transaction.
8.4. Gardemotions shall do all possible to ensure that the photographs and descriptions of products give an accurate a view as possible of the products offered online on the website. However, the Photographs are non-contractual, such that the Customer cannot make any claim on their basis, when these differences between the photograph present on the website representing the product and the product itself do not bear on the essential characteristics of the product, which are in addition claimed to be falsely or inaccurately represented on the website.
8.5. Gardemotions shall not incur any liability for an indirect and/or intangible damage, particularly loss of profit, operating losses, moral damage resulting from complete or partial failure of delivery or complete or partial compliance of the products ordered.
8.6. Hyperlinks on the website may lead to sites other than the www.gardemotions.com website dedicated to the online ordering of Gardemotions products, whether sites dedicated to services proposed by Gardemotions or third party companies or partners.
8.7. The provisions of clause 8 do not prejudice the application of clause 4.2.2, 5.12 and 6.3.8.
8.8. In any event, Gardemotions may not be considered the Producer of the products whose sale is proposed on the website, the latter being solely responsible for any damage caused by a faulty product, whether or not bound by a contract with the victim. In the case of an ordered product which is delivered and turns out to be faulty, it is down to the Customer to notify Gardemotions of this at the address contained in the preliminary article, by registered mail with notification of receipt so that Gardemotions can designate its own provider or producer within three months of the date on which the victim’s request was notified.
CLAUSE 9 – DATA PROTECTION, LIBERTY AND PRIVATE LIFE, PERSONAL DATA, IMAGE RIGHTS
9.1. The Customer is informed that all personal data collected during the order process, particular concerning the establishment of his or her customer account, as per clause 2.5.2, shall be subject to automated treatment under the responsibility of Gardemotions, whose complete details are given in the preliminary clause of these General Terms and Conditions of sale.
9.2. Information containing personal information requested of the Customer during the website ordering process is intended to be disclosed by them and are necessary for Gardemotions to process the order.
9.3. The recipients of the personal data collected during the order process are:
– The online payment provider, to the extent necessary for the implementation of articles 126.96.36.199., 5.10 to 5.12 of these General Conditions of Sale.
9.4.The processing of this personal data meets the following goals, particularly to allow Gardemotions to:
• process the order;
• process the acknowledgement of the order;
• meet its obligations concerning the Customer,
• integrate the Customer into the “Customer Records
By de-registering or refusing the disclosure to third parties of his or her personal information, either by activating the dedicated link for this purpose included in the prospection e-mail sent to the Customer or by modifying the parameters of his or her customer account on the website.
Carrying out statistical studies, particularly for the purposes of improving or amending the products and services of Gardemotions and its online ordering system.
9.5. Pursuant to the provisions of Data Processing and Civil Liberties Act, each Customer has a right of access, modification and rectification to the information concerning him or her, under the conditions set out by laws and regulations in force, by contacting Gardemotions at the address indicated in the preliminary article of these General Terms and Conditions of Sale. The Customer also has, for legitimate reasons, a right to oppose the processing of data concerning him or her.
9.6. The Customer is informed, on each personal data collection form, particularly those that are displayed during the order process or the establishment of his or her customer account, of the mandatory or optional nature of the fields to be completed, respectively by the presence or absence of an asterisk. In the event of failure to disclose one or several pieces of data indicated as mandatory during the online order process, the Customer’s order may not be successful or taken into account in any respect whatsoever.
9.7. In particular, when paying online, involving the disclosure of the Customer’s bank details for the purposes of payment as set out in clause 188.8.131.52, these bank details shall not be in the possession of Gardemotions but shall nevertheless be disclosed for the execution of the sale contract by the Customer having regard to his or her payment obligation. The Customer is informed that this transfer of data can therefore be executed in foreign countries that lack adequate protection of personal data. In any event, the Customer consents to this transfer for the execution of the sales contract resulting from the acknowledgement of his or her order by Gardemotions. Pursuant to the provisions of clauses 5.10 to 5.12, the payment provider undertakes vis a vis Gardemotions to take all security measures to ensure the confidentiality of data for said data transfers.
9.8. The website does not generate cookies dedicated to the order made by the Customer for the products put on sale on the website. Nevertheless, the browser used by the Customer for accessing and completing the online order process may generate cookies, which help:
• facilitating recognition of the Customer from, as applicable, the terminal he or she made the order from enable the tracking of the progress of his or her order process, particularly to allow him or her to step back during the process.,
• Enabling the collection of statistical and technical data on the sequencing and progression of the order process followed by the Customer that can be disclosed to Gardemotions, identified above, without including any personal details of the Customer, for the purposes of modification and technical and ergonomic improvement of the online order process and the corresponding interface.
In all cases, it is down to the Customer using a terminal from which he or she has made an online order to determine the extent to which he or she wishes to neutralise or authorise the cookies generated by his or her browser used during the online ordering process, without Gardemotions’ liability being incurred in this respect.
CLAUSE 10 – MISCELLANEOUS
10.1. These General Terms and Conditions of Sale are governed by the Italian law.
10.2. In the event that any provisions of these General Conditions are declared null or void, and for any reason whatsoever, they shall be deemed unwritten and not give rise to the nullity of the other provisions.
10.3. Any disputes that may arise between the parties concerning the interpretation and/or execution of these General Conditions of sale shall be submitted, failing an amicable settlement, to the exclusive jurisdiction of the competent court under the jurisdiction of the Milan Court of Appeal, with the exception of disputes concerning non-traders, for whom rules on the allocation of material competence apply.