General Sales and Use Conditions
Gin District S.r.l. with registered office in Rome, Via Virgilio n. 38, VAT number, C.F. and registration number in the Rome Company Registry 16716981002, REA RM-1671572, fully paid-up share capital. € 10,000.00 (“Gin District”) provides the user (“User”) with the functionality of the site gindistrict.it of which it is the owner (“Site”) and the possibility of making purchases on the Site, under the following terms and conditions ( “General Sales and Use Conditions”).
The User must read the Privacy Policy relating to navigation on the site, the Cookie Policy and the Purchase Policy, to understand how Gin District collects and processes personal data through the Site.
GENERAL USE CONDITIONS
Art 1. Oggetto
1.1. The User must carefully read these general use conditions (“General Use Conditions”) before using the Site. By using the Site the User accepts the General Use Conditions in full and unconditionally.
1.2. All rights not expressly granted to the User by the General Use Conditions remain with Gin District or its licensors or suppliers.
Art 2. Copyright and Trademarks
2.1. All content present or made available through the Site, including in the form of texts, graphics, logos, icon buttons, images, digital downloads, are the property of Gin District or its content suppliers and are protected by applicable laws. copyright and it is not permitted to extract and/or reuse them without the express written consent of Gin District.
2.2. The graphics, logos, page headers, icon buttons, characters and trademarks included in or made available through the Site are trademarks or distinctive signs of Gin District which may not be used in connection with products or services that are not from Gin District, in such a way as to generate confusion among customers or in any way that could denigrate or discredit Gin District.
Art 3. Website Use
3.1. The User must not use the Site: (i) in a way that causes, or may cause, interruptions, damage or malfunctions to the Site and its functions, (ii) for fraudulent purposes, or in any case to commit illicit activities, ( iii) to cause disturbance, prejudice or apprehension, (iv) if he has not reached the age of majority according to the legislation applicable to him and, in any case, if he is less than 18 (eighteen) years old.
Art 4. Registration and Account Management
4.1. The User can register on the Site by creating their own individual account (“Account”) by clicking on “Account” at the top right of the homepage and then entering the following data on the registration form: email address and password.
4.2. The email address used in registration must be owned by the User.
4.3. Following registration, the User will always be able to access the Site with their Account by clicking on “Account” at the top right of the homepage and then entering the following data on the access form: email address and password.
4.4. From your Account dashboard, the User can view their recent orders, manage their shipping and billing addresses and change their password and Account details as well as Log Out or delete their Account.
4.5. The User is responsible for safeguarding and keeping their Account access credentials confidential.
4.6. It is understood that under no circumstances can Gin District be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason, of the User’s Account access credentials.
4.7. To delete the Account, the User must click on “Delete Account” in the menu on the dashboard of their Account and enter their password.
Art 5. Gin District Responsibilities
5.1. Gin District will do everything reasonably possible to allow the use of the Site by the User to occur without interruptions and errors in data transmissions. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed by Gin District. Furthermore, the User’s access to the Site may occasionally be suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services.
5.2. Gin District will not be liable towards the User or third parties for the interruption of access to the Site or the Account in the cases referred to in point 6.2 below.
5.3. Except where required by law, in no event shall Gin District be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising out of or in connection with your use of the Site, even if to which Gin District has been advised of the possibility of such damages, and You shall hold harmless Gin District, its officers, officers, shareholders, predecessors, successors in interest, employees and agents, and its subsidiaries and affiliates for any claims , loss, liability, claim or expense (including legal fees) brought against Gin District by any third party for such damages.
Art 6. Violations and termination of access
6.1. Any violation of the General Conditions of Use represents an illegal and unfair commercial practice and causes irreparable damage to Gin District, for which it can seek protection in the appropriate legal offices.
6.2. Gin District may, in its sole discretion and without notice, terminate or block your access to the Site or Account (i) if it believes that you have violated Article 3 above, or other Use General Conditions or other agreements or guidelines that may be associated with the use of the Site; (ii) in the event of requests from law enforcement or other government authorities; (iii) for termination or material modification of the Site or any service offered on or through the Site; (iv) unexpected technical problems or issues.
GENERAL SALES CONDITIONS
Art 7. Object
7.1. These general sales conditions govern the sale of products through the Site by Gin District (“General Sales Conditions”).
7.2. The User is required to carefully read and save a copy of the General Sales Conditions before proceeding with any purchase of products on the Site (“Purchase”). By making any Purchase, the User fully accepts the General Sales Conditions.
7.3. The presentation of products on the Site constitutes an invitation to offer.
7.4. The purchase of products on the Site constitutes a distance contract governed by articles. 45 et seq. of Legislative Decree of 6 September 2005, n. 206, replaced by art. 1, paragraph 1, Legislative Decree of 21 February 2014, n. 2, and by Legislative Decree of 9 April 2003, n. 70, containing the regulation of electronic commerce.
Art 8. Method
8.1. To make a Purchase you must log in to the Site with your Account.
8.2. The User who wishes to make a Purchase will be able to select the relevant products, one at a time, adding them to their cart. The cart will indicate, for all the selected products, overall, the subtotal cost including VAT, the shipping cost and the total cost (including VAT and shipping cost). Once you have selected all the products you wish to purchase, you can click on “proceed with the order”. At this point a new page will open on the right of which you will be able to view a summary of the products selected for purchase, with the subtotal cost including VAT, the shipping cost and the total cost (including VAT and shipping cost). On the left you will need to enter your billing information and shipping information. The data entered must be truthful and correspond to those of the User. Below, on the right you can choose the payment method by clicking on it and you will be redirected to the payment method manager.
8.3. Once the payment has been made according to the procedure required by the payment method manager, the total cost of the purchase has been debited and Gin District has received payment confirmation from the banking or financial institution that manages the transaction, the order will be completed. of Purchase which will be considered as a contractual purchase proposal addressed to Gin District for the products listed.
8.4. Upon receipt of the order, Gin District will automatically send an email accepting the order itself (“Order Received”).
8.5. The Order Received contains the Order number, the summary of the products purchased, the cost of each product including VAT, the shipping cost and the total cost of all the products purchased (including VAT and shipping cost), of the User’s tax code, shipping address and billing address.
8.6. The sales contract between the User and Gin District will be considered finalized upon the occurrence of both of the following two events: sending of the Received Order and receipt by Gin District of the payment confirmation from the Banking or Financial Institution that manages the transaction in relation to the Purchase.
8.7. Upon receipt of the products purchased by the User, Gin District sends the User an email specifying that Gin District has finished processing the order (“Completed Order”).
8.8. The Completed Order contains the Order number, the summary of the products purchased, the cost of each product including VAT, the shipping cost and the total cost of all the products purchased (including VAT and shipping cost), of the User’s tax code, shipping address and billing address.
8.9. The invoice for the Purchase will be sent by Gin District to the User in electronic format via email sent in conjunction with the Completed Order.
Art 9. Payment
9.1. Payment can be made via PayPal.
9.2. All financial information provided as part of the Purchase will not be managed by the Gin District IT complex but rather in a secure manner via an encrypted protocol by the relevant Banking or Financial Institute which will charge the Customer for the payment of the amount relating to the purchase carried out.
9.3. At no time during the purchase procedure will Gin District be able to know the User’s financial information, transmitted via a secure connection directly to the website of the Banking or Financial Institution that manages the transaction. No Gin District computer archive will retain such data. Under no circumstances can Gin District be held responsible for any fraudulent or illicit use of credit or debit cards or financial information.
9.4. The charge will be made at the time of the Purchase order pursuant to point 8.3 above.
Art 10. Right of Withdrawal
10.1. Without prejudice to the exceptions indicated below, the User has the right to withdraw from the Purchase, without having to provide any reason, within 14 (fourteen) days from the day in which the User or others appointed by him, other than the courier, have received the purchased product (or the last product, batch or piece in the case of multiple goods, batches or pieces delivered separately).
10.2. To exercise the right of withdrawal the User must:
10.2.1. send a written communication in which you clearly express your wish to withdraw from the contract to Gin District, within the period of 14 (fourteen) days indicated in point 10.1 above, indicating your personal details and the identification number of the Purchase order, via email to the following peo address info@gindistrict.it or to the following pec address districtsrl@pcert.it;
10.2.2. return the products for which you exercise the right of withdrawal within 14 (fourteen) days of sending the withdrawal notice referred to in point 10.2.1 above at your own expense, by shipping to the address Via Virgilio, 38 00193 Rome (RM ).
10.3. The burden of proof relating to the exercise of the right of withdrawal in accordance with this article falls on the User, therefore, in the case of communications referred to in point 10.2.1. sent by email, it is the User’s responsibility to keep a copy of the email sent to Gin District.
10.4. Before sending the products for return, the User must appropriately protect and package them, placing them in the same packaging in which they were sent by Gin District.
10.5. The products must be sent for return intact, complete with all their parts, accompanied by any accessories and illustrative and/or identifying material present in the packaging, they must not be tampered with or manipulated in any way (except for the manipulation necessary to establish their nature , characteristics and operation), must be perfectly suitable for the use for which they were intended and must be free of signs of wear or dirt. Failing this, the right of withdrawal lapses due to the lack of the essential condition of integrity of the goods and Gin District will notify the User within 10 (ten) days of receiving the products at the address referred to in point 10.2.2., communicating the methods. with which the User can request to have the product returned at his own expense.
10.6. The products, until receipt is certified by Gin District at the address referred to in point 10.2.2 above, are under the complete responsibility of the User who must hold Gin District harmless and harmless for any damage, theft or loss of returned products, even occurring during uninsured return shipping.
10.7. Following the correct and timely exercise of the right of withdrawal, Gin District will reimburse the User for all payments received in relation to the product for which you have exercised the right of withdrawal, including shipping costs relating to the cheapest shipping method offered by Gin District, within 14 (fourteen) days of receiving the notice of withdrawal referred to in point 10.2.1. The refund will be made with the same payment method used to make the relevant Purchase or with another payment method agreed with the User, following receipt at the address referred to in point 10.2.2 of the products for which it was exercised the right of withdrawal (or, if earlier, following demonstration by the User of having sent back the products) and will not have to incur any costs as a consequence of such reimbursement. If the User has used any discount code for the purchase of the product for which he requested and exercised the right of withdrawal, the refund will only concern the sum of money actually spent by the User, and not also the value of the code discount.
10.8. The User will not be able to exercise the right of withdrawal referred to in this article in the event of
10.8.1. sealed products which are not suitable for return due to their nature and/or for hygienic or health protection reasons and which have been opened after delivery – such as bottles of Gin if they are opened after delivery – or which are subject to rapid alteration or deterioration or which are, after delivery, inseparably mixed with other goods;
10.8.2. supply of tailor-made or personalized goods;
10.8.3. supply of goods which are likely to deteriorate or expire rapidly;
10.8.4. supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on market fluctuations that cannot be controlled by Gin District.
Art 11. Prices, Additional Costs and Availability
11.1. All prices of the products indicated on the Site are inclusive of applicable VAT in accordance with the law but do not include shipping costs, which will be indicated and counted separately and will be entirely borne by the User, except as provided for in point 11.2 below .
11.2. No shipping costs will be charged for Italy for orders with a total amount exceeding €50.00 (fifty/00).
11.3. In any case, the User is always informed of the exact amount of shipping costs before submitting the purchase order.
11.4. In the case of delivery abroad, the User will also be responsible for any additional costs due to taxes or customs fees and/or foreseen by the legislation in force in the country of destination, which Gin District does not foresee or count in any way.
11.5. Product prices may change at any time without notice. In any case, once the product order has been placed, it will not undergo any price change, except as provided in the following point.
11.6. In the event that the price of a product indicated on the Site, due to an IT or material error, is higher than the actual price, the User will only be charged the lower actual price. In the event that the price indicated on the Site is higher than the actual price, Gin District will contact the User to verify whether he intends to purchase the product ordered at the correct price and, if not, will cancel the order.
11.7. Information on product availability is indicated on the Site. The estimated shipping and delivery times indicated on the Site are purely indicative.
Art 12. Shipping and Delivery
12.1. The shipment will be made by courier to the address indicated by the User at the time of the order.
12.1. Gin District, after having delivered the purchased products to the courier, will not be responsible in the event of failure or delayed delivery of the same nor in the event of total or partial damage to the products during transport.
12.2. Shipping times will never exceed those provided for in the art. 6 of Legislative Decree 185/99 and therefore 30 (thirty) days from the date of the order and/or from receipt of payment if the product is available in stock at the time of purchase, except as provided in point 12.3 below .
12.3. Delivery times may be subject to variations and delays, even beyond the maximum limit of 30 (thirty) days referred to in point 12.2 above, due to causes of force majeure not foreseeable by Gin District. In this case, changes to the indicated shipping times will be communicated to the User as soon as possible.
12.4. In addition to the User, the person who receives the delivery of the products must also be an adult and the courier may legitimately refuse to proceed with the delivery if he has a reasonable doubt that the person who must take delivery of the products is a minor.
12.5. Upon delivery of the purchased products, the Customer is required to check that the products delivered correspond to those purchased (also in quantity) and that the packaging is intact, not damaged, nor wet or, in any case, altered even in the closing materials .
12.6. Any errors in delivery, damage to the packaging or obvious defects in the products must be immediately reported to the courier making the delivery and the User is required not to accept the shipment, clearly noting on the delivery note the nature of the damage and/or the ‘mistake. The User is subsequently required to communicate to Gin District S.r.l. the relevant problem by sending an email to the peo address info@gindistrict.it or to the pec address districtsrl@pcert.it.
12.7. Once delivery of the purchased products has been accepted, the Customer will not be able to raise any objections regarding errors in delivery, damage to the packaging or obvious defects in the products.
Art 13. Imports and Exports
13.1. If the products are delivered outside Italy, the User may be subject to import duties and taxes, payable once the package reaches the specified destination. Any customs clearance costs will be borne by the User.
13.2. The User is solely responsible for the importation of products purchased on the Site into countries other than Italy and is required to comply with all legislation and regulations of the country in which he receives the products.
13.3. Products delivered beyond Italian borders are subject to opening and inspection by customs authorities.
13.4. The User shall not export, re-export or transfer any product purchased on the Site to any country, individual, company, organization or entity for which such export is restricted or prohibited by law and may not purchase any product from the Site if the User is subject to restrictive measures.
Art 14. Guarantees and Responsibilities
14.1. If the User purchases a product as a consumer pursuant to Legislative Decree 21/2014, he benefits from the legal guarantee on defects in conformity of the product with respect to the sales contract by virtue of which he will have the right to have the conformity of the product restored free of charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract.
14.2. Gin District, by virtue of the legal guarantee, is liable for defects of conformity and/or malfunctions not detectable at the time of purchase, which occur within 2 (two) years from the date of delivery of the product provided that the latter is used correctly and with due diligence, i.e. in compliance with its intended use and what is provided in any attached documentation. Under penalty of forfeiture of the warranty, the User must communicate the lack of conformity in writing to Gin District within 2 (two) months of its discovery by sending an email to the address info@gindistrict.it or to the pec address districtsrl@pcert.it.
14.3. To the extent permitted by law, Gin District declines all responsibility in the event that the delivered product does not comply with the legislation of the delivery country other than Italy.
14.4. Gin District is not responsible in the event of non-substantial differences between the products purchased and their illustrative images and text descriptions published on the Site.
14.5. Gin District is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products on sale on the site.
14.6. Gin District is in no way responsible for non-acceptance, even partial, of a Purchase order.
COMMON PROVISIONS
Art 15. Responsibilities
15.1. Gin District will not be responsible for any loss or damage caused to the User that is not a direct consequence of Gin District’s violation of the General Conditions of Use and Sale, including any loss of commercial opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses).
15.2. Gin District will not be responsible for any delay or failure to fulfill the obligations set out in the General Conditions of Use and Sale if the delay or failure arises from fortuitous circumstances or causes of major force. This provision does not affect the User’s rights deriving from the law and in particular the right to receive the purchased goods within a reasonable time or to be refunded in the event of non-delivery due to circumstances deriving from unforeseeable circumstances or causes of force majeure. The laws in force in some states may prohibit the limitations of liability indicated above. In the event that these provisions are applicable, the limitations of liability now indicated will not have effect and you may be granted additional rights.
Art 16. Applicable Law and Competent Court
16.1. The General Conditions of Use and Sale are governed by and must be interpreted in accordance with the laws of the Italian Republic and in particular Legislative Decree 21/2014 – implementing Directive 2011/83/EU on consumer rights. If the User is a consumer within the meaning of European legislation and has his habitual residence in the European Union, he can benefit from the additional protections provided by the mandatory rules of his country of residence.
16.2. For any dispute relating to the General Conditions of Use and Sale, the exclusive jurisdiction – except in cases where otherwise and imperatively provided by law – lies with the Court of the city of Rome (Italy).
16.3. The European Commission provides a platform for online dispute resolution, which can be accessed via this link: https://ec.europa.eu/consumers/odr/.
Art 17. Change to the General Sales and Use Conditions
17.1. Gin District may, at any time, modify the Site or the General Sales and Use Conditions and the User will be subject to the General Use Conditions in force at the time he uses the Site as well as the General Sales Conditions in force at the time of the Purchase order, without prejudice to the changes required by applicable law or by the competent authorities which will apply to all orders, even those placed previously.
Art 18. Partial Disability
18.1. If any provision of the General Sales and Use Conditions is deemed invalid, void or inapplicable for any reason, this condition will not in any case affect the validity and effectiveness of the other provisions.
Art 19. Tolerance
19.1. Any tolerance by Gin District to conduct in violation of the General Sales and Use Conditions does not constitute a waiver of the rights deriving from the violated provisions nor of the right to demand the exact fulfillment of all the terms and conditions. conditions provided therein.
Art 20. Communications
20.1. The User may contact Gin District by email at the following email address info@gindistrict.it or at the following pec address districtsrl@pcert.it.