Shop.gensan.com Terms and Conditions of Sale

1. General Provisions

These General Terms and Conditions of Sale (hereinafter “General Conditions”) apply to all sales of products purchased through the website http://www.gensan.com (hereinafter "Site").

The use of the distance selling service described in these terms and conditions of sale is reserved for consumers (hereinafter "Customer"), understood as natural persons acting for purposes unrelated to their commercial, entrepreneurial or professional activity.

Before placing an order, the Customer is required to carefully read these General Conditions, which have been made available on the Site to allow for their storage and reproduction by the Customer pursuant to article 12 of Legislative Decree 70/2003.

The language available for concluding the contract is Italian.

Contracts concluded with Gensan S.r.l. (as defined below) are governed by Italian law.

2. Seller Identification

The seller of the products is Gensan S.r.l. with registered office in Pisa, Via Meucci 36, loc. Ospedaletto, VAT no. and Tax ID 01312580507, registered with the Pisa Business Register no. 01312580507, share capital €99,000.00 fully paid up.

3. Object of the Contract and Product Information

Through the purchase contract, the Customer remotely purchases one or more Products illustrated and described on the Site from Gensan. For each Product, the code, price, and a technical sheet containing its description, main characteristics, and technical specifications are available on the Site. All information supporting the purchase is to be understood as simple generic informative material. It is understood that the image accompanying the descriptive technical sheet of the Product may not perfectly represent its characteristics, but may differ in color, size or otherwise, and may vary at any time without any obligation of prior notice from Gensan.

No registration is required to access the Site. The product sheets are, in fact, freely consultable. Registration is necessary to proceed with the purchase.

4. Purchase Methods

Products are purchased by accessing the Site. To complete the product purchase procedure, the Customer must register on the Site by entering the requested data in the appropriate form on the Site and choosing a user ID and a personal password ("Identification Tools"). Please note that the first password is automatically generated by the system, and the Customer can subsequently change it (recommended choice).

The data can be modified by the Customer at any time by following the procedure indicated on the Site. This data will be stored by Gensan so that, once the first purchase has been made, the Customer can use the Identification Tools chosen at the time of registration to continue with the order.

The Identification Tools are personal and non-transferable to third parties, must be kept secret and, for security reasons, must not be stored together or noted on a single document.

The aforementioned data will be processed in accordance with European Regulation no. 679/2016, which governs the protection of natural persons with regard to the processing of personal data. For more information, please consult the dedicated Privacy Policy section of the Site.

In the event that the Customer has forgotten the password and/or User-ID chosen at the time of registration, they must follow the procedure indicated in the specific section of the Site for requesting new access tool(s) to the Site itself.

The product purchase contract is concluded through online acceptance and the accurate and complete compilation of the electronic order form following the instructions on the Site, followed by its submission by selecting the "send order" option to Gensan and receipt of confirmation from Gensan. The correct receipt of the order is confirmed by Gensan via an email response sent to the email address provided by the Customer. This confirmation message will include the date and time of order execution and a "Customer order number," to be used for any communication with Gensan. The message will contain all data entered by the Customer.

Before submitting their purchase order, the Customer will have the opportunity to correct any data entry errors by following the appropriate modification procedure contained on the Site. In particular, the Customer has the right to modify the quantity of Products they intend to purchase by adding or removing one or more Products from the "Cart."

By submitting the order, the Customer declares and acknowledges that they have reviewed all the information provided during the purchase procedure and fully accept the General Conditions.

The Customer will be able to view and monitor the status of their order through the "Orders" area of their account.

Gensan reserves the right to evaluate the acceptance of received orders. Gensan will inform the Customer of any inability to accept received orders within 48 hours starting from the first working day after the Customer transmitted the order and will refund any amount already paid by the Customer for the order.

5. Product Unavailability

Temporary unavailability of Products is indicated on the Site.

6. Sales Prices

Product prices are inclusive of taxes and duties, with the exception of delivery costs, which, if due, will be paid by the Customer when paying for the Product purchased online. Delivery costs, any commissions, tax charges, and any other charges related to the online purchase of Products are indicated on the Site.

Prices may vary without prior notice, and the only correct price is to be considered the one indicated at the time of order confirmation by Gensan.

7. Payment Methods

Payment for Products purchased by the Customer and related delivery costs may be made using one of the following methods:

• advance bank transfer;
• credit card;
• PayPal.

TRANSACTION SECURITY
At no time during the purchase procedure is Gensan able to access the buyer's credit card information, which is transmitted via a secure connection directly to the banking institution managing the transaction, ensuring maximum security. No Gensan IT archive will store such data. In no case can Gensan therefore be held responsible for any fraudulent or improper use of credit cards by third parties during payment for Products purchased on the Site.

8. Delivery and Invoicing Methods

Products purchased on the Site will be delivered to the address indicated by the Customer. At the time of delivery, an adult over 18 years of age will be required to sign. Deliveries will not be made to post office boxes. For every order placed on the Site, Gensan issues an invoice for the goods shipped, sending it via email or post to the order holder. The information provided by the Customer at the time of the order will be used for invoicing. No changes to the invoice will be possible after it has been issued. Delivery costs are borne by the Customer and are clearly indicated on the Site and in the order form. Their value depends on the total amount of the individual order.

All purchases will be delivered by courier from Monday to Friday, excluding holidays and national holidays. Gensan is not responsible for delays. Gensan will update the order status on its website, including shipping status. Deliveries are made within 4 working days. For the delivery of goods, the presence of the Customer or their representative at the recipient's address indicated in the order is required. Upon delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the package is intact or not altered.

ANY DAMAGE TO THE PACKAGING AND/OR PRODUCT OR THE MISMATCH IN THE NUMBER OF PACKAGES MUST BE IMMEDIATELY REPORTED, BY ADDING A WRITTEN RESERVATION ON THE COURIER'S DELIVERY RECEIPT.

ANY PROBLEMS RELATING TO THE PHYSICAL INTEGRITY, CORRESPONDENCE, OR COMPLETENESS OF THE RECEIVED PRODUCTS MUST BE REPORTED BY TELEPHONE, WITHIN 8 DAYS OF DELIVERY, BY THE CUSTOMER TO THE TOLL-FREE NUMBER 800.430901 OR TO THE EMAIL ADDRESS ordini@gensan.com.

Once the Courier's document has been signed, the Customer cannot make any claims regarding the external characteristics of the delivered package. CASES OF NON-PRESENCE AT THE TIME OF COURIER PASSAGE: In case of return of the package to our premises and storage at the courier's warehouse, the storage costs charged by the courier to Gensan will be debited. If, for reasons beyond our control, you were unavailable at the time of delivery, you can contact the courier's office in your city and arrange for a subsequent delivery or collection at the courier's office. Gensan is not financially responsible for packages left in storage with the courier. The Customer who has not been able to agree with the courier's office in their city on a second delivery or collection at the courier's office, assumes the burden of completing the shipment. In the event that the courier returns the package to us due to non-collection by the customer, Gensan will contact the Customer for a possible redelivery and request reimbursement of any storage costs incurred (return to Gensan) and those to be incurred (redelivery to the customer). If the Customer does not intend to pay the costs incurred by Gensan or does not make contact to agree, or following our email requesting reimbursement for the costs incurred, does not respond within a reasonable period of 7 (seven) days, Gensan will retain the uncollected goods due to non-compliance by the customer.

Shipping costs are as follows:

- orders up to €60.00: €6.00
- over €60.00: FREE

9. Liability

Gensan assumes no liability for disruptions attributable to force majeure of any nature and kind, should it fail to execute the contract within the agreed times.

Gensan assumes no liability for any fraudulent and unlawful use that may be made by third parties of credit cards, checks, and other payment methods, at the time of payment for purchased products.

THE CUSTOMER EXPRESSLY ACKNOWLEDGES THAT GENSAN'S LIABILITY FOR ANY BREACH OF THE SERVICES REFERRED TO IN THE PREVIOUS POINT IS LIMITED TO, AND MAY IN NO CASE EXCEED, THE AMOUNTS RECEIVED BY THE SAME AND PAID BY THE CUSTOMER IN RELATION TO THE PERFORMANCE OF THE INDIVIDUAL SERVICES TO WHICH THE LIABILITY REFERS. ANY FURTHER DAMAGE, LOSS, COST OR EXPENSE IS EXPRESSLY EXCLUDED.

Gensan's liability is excluded for any disruptions and/or prejudices that may arise to the Customer from causes not attributable to it or, in any case, from delays due to malfunction, failure or irregular transmission of information, or causes beyond its control including, without limitation, system line delays or drops, interruption of operation or lack of Internet connection, or interruption, suspension, malfunction of Internet access nodes, interruption, suspension or malfunction of electronic, postal or electricity supply services; from lockouts or strikes, including by its own personnel, wherever they occur; from impediments or obstacles determined by legal provisions or acts of national or foreign authorities; from judicial measures or acts or third-party acts; from other causes not attributable to the Supplier and generally from any impediment or obstacle that cannot be overcome with criteria of ordinary diligence by the Supplier in relation to the nature of the activity carried out.

Gensan has the right to suspend and interrupt the service of connection to the Site at any time for technical reasons, for reasons related to the efficiency and security of the services themselves, as well as to suspend its operation for precautionary reasons, without Gensan being held responsible for the consequences of any interruptions or suspensions.

10. Customer Obligations:

The Customer acknowledges and agrees that they may not reproduce, publish or distribute the content of the Site externally. The use by subjects other than the Customer and/or dissemination to the public, in any way and on any medium, of the information, data, and services provided to the Customer, as well as their processing, modification, re-elaboration, resale, integration, duplication, transmission, association with other data and information, and tampering, is expressly prohibited.

The Customer may not assign this contract or the rights arising from it to third parties.

Once the online purchase procedure is completed, the Customer undertakes to print or save an electronic copy and in any case keep these General Conditions, as well as the communication of acceptance of the order placed on the Site and received via e-mail.

The Customer is prohibited from entering false and/or fictitious data during the registration process on the Site. In any case, the Customer remains responsible for providing untrue data.

The Customer undertakes to indemnify Gensan from any liability arising from the issuance of incorrect tax documents due to an incorrect indication, by the Customer, of the data contained therein.

11. Right of Withdrawal

PURSUANT TO ARTICLES 64-65-66 AND 67 OF LEGISLATIVE DECREE 206/2005, IF THE CUSTOMER IS A CONSUMER, I.E., A NATURAL PERSON WHO PURCHASES GOODS FOR PURPOSES NOT RELATED TO THEIR PROFESSIONAL ACTIVITY, OR DOES NOT MAKE THE PURCHASE BY INDICATING A VAT NUMBER IN THE ORDER FORM), THEY HAVE THE RIGHT TO WITHDRAW FROM THE PURCHASE CONTRACT FOR ANY REASON AND CONSEQUENTLY TO RETURN THE PURCHASED GOODS AND OBTAIN A REFUND OF THE EXPENDITURE INCURRED, IN COMPLIANCE WITH THE PROCEDURES INDICATED BELOW.

THE RIGHT OF WITHDRAWAL IS SUBJECT TO THE FOLLOWING CONDITIONS:

A. THE RIGHT APPLIES TO THE PRODUCT IN ITS ENTIRETY AND NOT TO PARTS OR COMPONENTS THEREOF;
B. IN THE CASE OF PRIZE OPERATIONS OR COMBINED PROMOTIONAL SALES, WHERE THE PURCHASE OF ONE GOOD IS ASSOCIATED WITH ANOTHER GOOD THAT IS SOLD AT A NOMINAL PRICE (OR GIVEN AWAY), THE RIGHT OF WITHDRAWAL WILL BE LEGITIMATELY EXERCISED WITH THE RETURN OF BOTH GOODS SUBJECT TO THE PURCHASE (GIVEN THE ACCESSORY NATURE OF THE PROMOTIONAL GOOD WITH RESPECT TO THE FIRST).
TO EXERCISE THE RIGHT OF WITHDRAWAL, THE CUSTOMER, WITHOUT THE NEED TO PROVIDE EXPLANATIONS AND WITHOUT ANY PENALTY, MUST SEND, WITHIN 14 WORKING DAYS FROM THE DAY OF RECEIPT OF THE GOODS, A COMMUNICATION STATING THE WILL TO WITHDRAW FROM THE CONTRACT. THIS COMMUNICATION MUST BE SENT BY REGISTERED LETTER WITH ACKNOWLEDGMENT OF RECEIPT, ADDRESSED TO THE COMPANY, OR BY CERTIFIED EMAIL (GENSAN@PEC.GENSAN.IT) OR TELEFAX TO NUMBER 050/980465. CONCURRENTLY WITH THE SENDING OF THE WITHDRAWAL COMMUNICATION, THE CUSTOMER MUST ARRANGE FOR THE RETURN OF THE GOODS TO THE COMPANY USING A COURIER OF THEIR CHOICE. SHIPPING COSTS WILL BE ENTIRELY BORNE BY THE CUSTOMER. THE GOODS MUST BE RETURNED INTACT AND CAREFULLY PACKAGED IN THE ORIGINAL PACKAGING. IN THE CASE OF COMMUNICATION BY TELEFAX, THE EXERCISE OF THE RIGHT OF WITHDRAWAL MUST BE CONFIRMED BY SENDING A REGISTERED LETTER WITH ACKNOWLEDGMENT OF RECEIPT WITHIN FORTY-EIGHT HOURS.

Gensan undertakes to refund the Price as soon as possible, and in any case within 30 days from the date of receipt of the withdrawal communication, provided that:

- the Products have been returned and are intact;
- the original packaging/container of the Products has also been returned and is intact;
- any accessories have also been returned and are intact;
- the Products have not been used.
Gensan will inform the Customer of the methods for refunding the Price and may, for this purpose, request the Customer's bank details (IBAN and account holder). If the Customer exercises the right of withdrawal in a manner that does not comply with the methods and terms set out in this article 10, the Customer is not entitled to a refund of the Price.

12. Communications

The Customer acknowledges and accepts that all communications, notifications, attestations, information, reports, and in any case all documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.

13. Customer Service

For any information regarding the order and delivery of Products, the Customer will be assisted by telephone during the hours and days indicated in a specific section of the Site by the Supplier's Customer Service staff, at the following toll-free number 800/430901. Any complaints must be sent to Gensan S.r.l., Pisa Via Meucci, 36, Loc. Ospedaletto, by registered letter with return receipt.

14. Contract Termination

In addition to what has been previously indicated, Gensan has the right to terminate the Contract by simply communicating it to the Customer, who, in this case, will only be entitled to the refund of any amount already paid.

The obligations assumed by the Customer, as well as the guarantee of successful payment, are essential, so that by express agreement, the Customer's non-fulfillment of even one of these obligations will result in the termination of the contract by law pursuant to art. 1456 of the Italian Civil Code, without the need for judicial declaration, without prejudice to the Company's right to take legal action for further damages.

15. Applicable Law

THIS CONTRACT IS GOVERNED BY ITALIAN LAW.

FOR THE RESOLUTION OF CIVIL DISPUTES ARISING FROM THE CONCLUSION OF THIS DISTANCE SALES CONTRACT, THE EXCLUSIVE JURISDICTION IS THAT OF PISA; IN THE EVENT THAT THE CUSTOMER IS A CONSUMER, THAT IS, A NATURAL PERSON WHO PURCHASES GOODS FOR PURPOSES NOT RELATED TO THEIR PROFESSIONAL ACTIVITY, OR DOES NOT INDICATE A VAT NUMBER IN THE ORDER FORM, THE TERRITORIAL JURISDICTION IS THAT OF THEIR MUNICIPALITY OF RESIDENCE.