Terms of service

Date of publication on the site and effective date 27/12/2019
1. Object
1.1. These general conditions of sale apply to the purchase of Daniele Milella's DM SERVICE products (hereinafter “Products”) made through the e-commerce site www. gantis.it (hereinafter the "Site") by users qualifying as "Consumers" pursuant to article 1.2 below. The Site, owned by DM SERVICE di Daniele Milella., With registered office in Via Ettore Fieramosca 69, 70123 Bari (BA), tax code and REA code MLLDNL00R31A662B, VAT number 08489950728 (hereinafter "Owner"), is managed by DM SERVICE by Daniele Milella - (hereinafter “DA”).
1.2. Purchases of Products made through the Site will see as parties LA, as the seller (hereinafter the "Seller"), and the person who proceeds with the purchase of one or more Products for purposes not related to their business, commercial, craft or professional, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties").
1.3. The Owner is a party to these Conditions.
1.4. Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address info@gantis.it.
1.5. Each purchase is governed by the general conditions of sale and by the general conditions of use, as well as by the procedures for exercising the right of withdrawal and for the methods of returning the Products in the version that will be published on the Site at the time the order is sent. by the Consumer.
1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a non-qualifying consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:
a) the buyer will not be recognized the right of withdrawal referred to in article 10;
b) the buyer will not be able to benefit from the warranty on the Products indicated in article 8;
c) the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address declared by the same during registration on the Site or during the purchase process.
1.8. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
1.9. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

2. Characteristics of the Products and their availability in the various geographical areas
2.1.The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term Formatted: Not Highlighted
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales. concluded from that date.
2.3. The prices, the Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site.

3. How to purchase the Products - Completion of each single purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by the general conditions of use, as well as by the procedures for exercising the right of withdrawal and for the methods of returning the Products, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or sending the order if the Consumer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the general conditions of use, as well as the procedures for exercising the right of withdrawal and for the methods of returning the Products , the summary of the order placed and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail communication to the Seller at 'address info@gantis.it.
3.4. Each purchase contract for the Products is concluded when the Consumer receives the order confirmation from the Seller via e-mail.

4. Procedure for selecting and purchasing Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart.Once the selection of the Products has been completed, to carry out the purchase of those inserted in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or ( iii) to provide their data in order to complete the order and allow the completion of the contract.If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (to by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, the general conditions of use, as well as the procedures for exercising the right of withdrawal and for the methods of return of the Products, through the appropriate check mark (check-box) on the Site and finally, through the "Complete the purchase" button, the Consumer will be asked to confirm his order, which it will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the procedure for selecting the Products on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to the e-mail address info@gantis.it.
4.3.In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to of an obvious technical problem that has occurred on the Site: (a) if the Consumer himself has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, simultaneously sending a communication in this regard by e-mail, to the e-mail address indicated by the Consumer when transmitting the order and (ii) reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and , in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction; (b) if the Consumer has received the Product, the Seller will promptly inform the Consumer via e-mail of the error occurred in the process of completing his order, offering the same, alternatively, to (i) pay in favor of the Seller, no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the consumer's expense, no later than the following 14 (fourteen) days, by sending it to DM SERVICE di Daniele Milella, with registered office in Via Ettore Fieramosca , 69, Bari (BA), undamaged, complete with all its elements and accessories (including labels and tags unaltered and attached to the product), accompanied by instructions / notes / m annual attachments, from the original packages and packaging In the event that the Consumer has chosen the option referred to in the previous point (b) (ii), the Seller will refund the Consumer the payments made by the same in relation to the canceled order, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.

5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power in order to respect the delivery times indicated on the Site and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following that in which the Consumer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancies with the order placed, according to the procedure of referred to in the following art.8 of these general conditions of sale, failing which, the products will be considered accepted. accept the delivery "with reserve".

6. Prices, shipping costs, taxes and fees
6.1. The prices indicated on this site refer to the price list valid only for the Italian market. The price of the Products is that indicated on the Site at the same time as the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the confirmation of the order sent by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered on the basis of these general conditions of sale, are the sole responsibility of the Consumer.
6.4. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous paragraphs. 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

7. Payments
7.1. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.
7.2. Payment can be made by credit card, via PayPal or on delivery, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If the payment is made by credit card, please note that www.gantis.store uses Shopify Payments technology, which accepts the most common credit cards, ie those belonging to the Visa / Visa electron, MasterCard, American Express circuits; the site does not store your credit card number because the payment is made directly through the Shopify Payments portal. In the expenses following the first, if you wish, you can choose the appropriate option that will allow you to proceed with the purchase without re-entering your details, including credit card details, thanks to the technology used by the Shopify Payments platform in absolute safety. Shopify Payments uses a special protocol to encrypt the data transmitted between its server and your browser.
7.4. If the payment is made on delivery, in case of refusal of the product, a refund of the shipping costs (14.99 euros) will be provided by the Consumer for the benefit of the Seller.

7.5. If the payment is made through Klarna Pay Later, please note that www.gantis.store uses Klarna technology and that www.gantis.store itself complies with its Privacy Policy.
7.6. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

8.Seller's legal guarantee of conformity, reporting of conformity defects and interventions under guarantee
81. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 1 (one) year from the date of delivery of the Products to the Consumer. . The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings in this regard provided by the Seller and / or by the Owner, or reported in the reference illustrative documentation, in the tags or in the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the duty to report any defects and non-conformities within and no later than 14 (fourteen) days from discovery, by making an online request by contacting the WhatsApp assistance service (+ 39-3533051678 ) or by mail info@gantis.it with indication of the defect and / or non-conformity found, as well as related documentation (at least n. 1 (a) photograph of the Product, the order confirmation sent by the Seller and / or the tax receipt or, after 14 days from receipt of the goods, by sending to the Seller's Customer Service, by e-mail at info @ gantis .it.
8.3. Following receipt of the request and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out the qualitative checks aimed at verifying the actual non-conf ormità of the Product, will decide whether to authorize the return of the Products. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, within 30 (thirty) days of reporting the defect or non-conformity, to the following address DM SERVICE di Daniele Milella, with registered office in Via Ettore Fieramosca, 69, 70123 Bari (BA).
8.4. If the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, when requesting the return or by e-mail to the address info@gantis.it The bank details to make the transfer in your favor and to ensure that the Seller is put in a position to be able to repay the amount due.

9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Site, is free from any liability, none excluded and / or excepted, by indicating the name of the relative manufacturer of the product.

10. Right of withdrawal - Cases of exclusion of the right of withdrawal
10.1. Without prejudice to the exceptions referred to in Article 59 of the Consumer Code and the case indicated in Article 10 below.7, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reasons and without any penalty, within the term of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately with a single order, the last product has been delivered as specified and described in the conditions and procedures for exercising the right of withdrawal and for the procedures for returning the Products
10.2. To exercise the right of withdrawal, the Consumer must inform DM SERVICE di Daniele Milella, before the expiry of the term referred to in paragraph 10.1 above, of his decision.
10.3. If the Consumer has received the product: he is required to return it to DM SERVICE di Daniele Milella without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer.
10.4. In the event of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and , in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer demonstrates that he has returned the goods, if earlier.
10.5. The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the instructions / notes / manuals attached, from the original packaging and packaging, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and also protect it from writing or labels during transport.

11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of DM SERVICE di Daniele Milella and / or its successors in title, without the Consumer having any rights over them from accessing the Site and / or purchasing the Products.
11.2. The contents of the Site may not be reproduced, neither in whole nor in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of DM SERVICE di Daniele Milella.

​​12.Consumer data and privacy protection
121. In order to proceed with the registration, the order and therefore the conclusion of this contract, some personal data from the Consumer are requested through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by DM SERVICE di Daniele Milella, in accordance with and in compliance with the legislation referred to in the Italian law Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Site and, with your consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. For any further information on the methods of processing the consumer's personal data, please access the Privacy Policy section and carefully read the General Conditions of Use.

13. Security
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
13.2. With regard to data relating to payments by credit card, the Seller adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

14. Applicable law, conciliation attempt and competent court
14.1. The General Conditions of Sale Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian laws and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation.
14.3. If you do not adhere to the conciliation attempt referred to in paragraph 14.2 above or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.

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