GENERAL TERMS AND CONDITIONS OFSALE, effective as of 12/11/2021


The following Terms and Conditionsof Sale regulate the sale on this website “” (Website). The seller is Gemi Elettronica Srl, with registeredoffice in Viale Monza 347 Milano MI 20126 IT , Chamber of Commerce of MI - 2114222, VAT number IT01765660764, sharecapital of 80.000,00 € fully paid (Seller).

Article 1.Application Scope

1.1 The sale on the Website represents a distance sale agreementregulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 (Italian Consumer Code) and by Legislative Decree 9 April 2003, No.70 on electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all salesprocessed by the Seller on the Website. The terms are calculated only considering business days and excludingSaturdays, Sundays and holidays.

1.3 General Sales Conditions can be changed and / or modified atany time. Eventual changes and / or new conditions will be valid starting from the date of their release on theWebsite. For this reason, before placing any order, the users are kindly invited to visit regularly the website inorder to read the most updated version of the General Sale Conditions.

1.4 The applicable General Terms and Conditions of Sale are thosein force at the date on which a purchase order is placed.

1.5 These General Terms and Conditions of Sale do not regulate thesale of products and/or the supply of services by parties other than the Seller, available on the Website throughlinks, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must checktheir conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by theseparties. The Seller does not carry out any checks on and/or monitoring of the websites that can be reached throughthese links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakesand/or omissions and/or legal breaches by the said websites.

1.6 The user shall carefully read these General Terms andConditions of Sale and all other information that the Seller provides on the Website, also during the purchaseprocess.

1.7 The submission of the purchase order constitutes acceptance ofthese General Conditions of Sale.

Article 2.Purchasing through the Website

2.1 The purchase through the Website is allowed to the user who

  • is a register user of the Website
  • acts as both a consumer and a trader.Pursuant to Article 3, Paragraph I, lett. a) of the Consumer Code, a 'consumer' is defined as a natural person whoacts for purposes unrelated to any business, commercial, professional or craft activities that they may conduct.Pursuant to Article 3, Paragraph I, lett. c) of the Consumer Code, a 'trader' is defined as a natural person whoacts for purposes related to his/her business, commercial, professional or craft activities..

2.2 In the case of orders that are anomalous in relation to thequantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to stop theirregularities.

2.3 The Seller reserves the right to refuse or cancel ordersplaced:

  • by a user with whom the Seller is indispute
  • by a user who has breached thisGeneral Terms and Conditions of Sale
  • by a user who has sent false,incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents

Article 3.Registering on the Website

3.1 To register on the Website, the user must fill out theregistration form, entering the following data:

  • name
  • surname
  • email
  • address
  • telephone
  • codice fiscale.

3.2 The user undertakes to immediately inform the Seller if theyhave suspicions of or become aware of any illegal use or disclosure of said data.

3.3 The user hereby guarantees that the personal data providedduring the registration procedure for the Website are complete and truthful and undertakes to indemnify and holdharmless the Seller against any losses, damages and/or liabilities deriving from and/or in any way connected to thebreach by the user of the provisions concerning registration within the Website or the storage of registrationcredentials.

Article 4.Information Required for Entering into an Agreement

4.1 In accordance with Legislative Decree of April 9 2003, No. 70on electronic commerce, the Seller hereby informs the user that:

  • to conclude the purchase agreement onthe Website, the user must fill out an order form in electronic format and send it to the Seller electronically,following the instructions that will appear from time to time on the Website;
  • the agreement is concluded when theorder form reaches the server of the Seller
  • once the order form has beensubmitted, the Seller will send the user, at the provided e-mail address, an order confirmation containing thefollowing:
    • purchase descriptions
    • the relevant price
    • an indication of the paymentmeans
    • an indication of the deliverycosts
    • an indication of the deliverycosts and any additional costs.

Article 5.Product Availability

5.1 Product availability is constantly monitored and updated.Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than oneuser purchase the same product at the same time. In these cases, the Product may appear as available for a shorttime, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.

5.2 The Website contains information relating to the availabilityof each Product.

5.3 Should the Product prove unavailable for the aforementionedreasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rightsof the user, especially those provided under Book IV, Title II, Chapter XIV of Italian Civil Code, the Seller willimmediately inform the user. The user will therefore be entitled to terminate the agreement pursuant to Article 61,paragraphs 4 and 5 of the Consumer Code.

5.4 Alternatively and without prejudice to his/her rights, the usermay accept:

  • an extension of the delivery period
  • a product of equivalent or highervalue (in this case, upon payment of the difference, and upon express acceptance of the user)
  • a discount voucher to be spent onpurchases on the Site. The amount of the discount voucher, the expiration date and any limitations will becommunicated by the Seller from time to time.

5.5 If a refund is requested for the amount paid for the purchaseof Products that later proved to be unavailable, the Seller will refund in maximum 10 days.

5.6 If the user avails themselves of the right to terminate theagreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code, the purchase agreement will terminate. Ifthe payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and anyother additional cost resulting from the order (Total Sum Due)- has already been made, the Seller will refund the Total Sum Due according to Article 'Payment Methods forPurchases Made through the Website'.

Art. 6.Product Sheet

6.1 Each Product is accompanied by a product information sheetillustrating its main features (Product Sheet). The images anddescriptions on the Website reproduce the features of the Products as faithfully as possible. However, the coloursof the Products may differ from the actual ones due to the settings of the computer systems or the computers used toview them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessoryproducts. These images must thus be understood as being approximate and implying commonly accepted tolerancethresholds. For the purposes of the sale of goods agreement, the description of the Product in the order formtransmitted by the user shall be taken as the point of reference.

Article 7.Prices

7.1 All prices are VAT included.

7.2 The Seller hereby reserves the right to change the price at anytime, without prior notice, it being understood that the price charged to the user shall be the one listed on theWebsite at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to thetransmission of said order.

7.3 The shipping costs, if any, are expressly and separatelyindicated in the order form, before the user proceeds to transmit the same.

Article 8.Purchase Orders

8.1 The Seller will deliver the Products only after receiving theconfirmation of the successful payment of the Total Sum Due by the use. Ownership of the Products will betransferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier.Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the user, oncethe latter or a third party designated by the user other than the courier materially gains possession of theProduct(s).

The Service chosen by you will beperformed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if,after submitting your purchase order, it is established that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is terminated subject to non-payment ofthe Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

8.3 In order to send a purchase order it is necessary to read andapprove these General Terms and Conditions of Sale, clicking the relevant box on the pages of the purchase process.Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on thisWebsite.

Article 9.Payment Methods for Purchases Made through the Website

9.1 The payment on the Website can be made by:

  • Payment cards
  • PayPal
  • Cash on delivery
  • Wire transfer.

9.2 The Seller accepts the following credit cards:

  • VISA
  • MasterCard (Cirrus Maestro)
  • PostePay
  • American Express

The charge will only be made after(i) your payment card details used for payment have been verified and (ii) the issuer of the payment card used byyou has issued the debit authorization.

Pursuant to Directive 2015/2366/(EU) on payment services in the internal market (PSD2), the user is informed that he/she may be required to completethe purchase process by meeting the authentication criteria required by the payment institution in charge ofhandling the online payment transaction. The authentication criteria refer to the identity of the user (to meet thiscriterion the user must be registered on the Website during the purchase transaction) and the contextual knowledgeof the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure tocomplete this procedure may make it impossible to finalize the purchase on the Website.

The confidential data of thepayment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to therelevant payment institution without passing through the servers used by the Seller. The Seller therefore never hasaccess to and does not store the data of your payment card used to pay for the Products.

The charge of the Total Sum Duewill only be made at the time of transmission of the order.

9.3 As for PayPal payments, the user will be redirected to thewebsite, where they shall make the payment on the basis of the prescribed procedure regulated byPayPal and the terms and conditions of the agreement agreed between the user and PayPal. The data inserted on thePayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller isthus unable to know, or memorise in any way, the credit card details linked to the user s PayPal account, or thedetails of any other form of payment linked to said account.

If payment is made through PayPal,the Total Sum Due will be charged by PayPal to the user s account at the same time as the conclusion of the onlineagreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refunddue to the user shall be credited to the user s PayPal account. The term for crediting the sum on the payment toollinked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged infavour of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting ofthe refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will bemade to the user s PayPal account.

9.4 If you choose cash on delivery as a means of payment, theSeller informs you that the shipment will be charged an additional fee of 5,90 €, or the different ammount showed onthe Website. If you choose to pay by cash on delivery, at the time of delivery of the Products you must have cash ofthe amount indicated in the purchase order (since the courier is not authorized to accept checks or to give money inchange): failing that, the purchase contract will be deemed terminated by right pursuant to and for the purposes ofArticle 1456 of the Italian Civile Code. You will be notified of the termination of the contract and the consequentcancellation of the order. Any refund to be made pursuant to these General Sales Conditions will be made by banktransfer to the bank details provided by you.

9.5 If you choose to pay via bank transfer, once the order has beenreceived, the Seller will notify the user by email of the bank details and the deadline for making the transfer. Theemail may contain the request to send by email the receipt of the transfer made or the confirmation of the same.

In case of payment via bank transfer, the delivery term of the Product(s) will run from the bank transfer receipt date on the part of theSeller, or from the date on which the bank transfer is confirmed as having been ordered in favour of the Seller,whichever comes first.

Unless otherwise agreed, the Services will be provided only after receipt by bank transfer of the Total Amount Due.

The user is required to specify:

  • the reference number of the purchaseorder
  • the purchase order date.

Once the order has been placed, youmust pay within 7 working days. Failure to comply will cause the automatic termination of the agreement in thefollowing 3 working days.

Art. 10. Product Delivery

10.1 There are no limitations to delivery, except in casesindicated on the Website and/or in the Product Sheet.

10.2 The expenses for delivery of the Products, which may varyaccording to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user,except where otherwise stated in the Product Sheet or in other parts where this is communicated.

10.3 The Products will be delivered within 3 days of receipt of theorder and, in any case, within thirty days, effective from the day on which the agreement is entered into.

10.4 You are kindly asked to verify the conditions of the Productdelivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons notattributable to the Seller, is transferred when you, or a third party designated by you and different from thecarrier, physically take possession of the Product, the Seller suggests to you to check the number of Productsreceived and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials;also, the Seller suggests to you to indicate on the carrier s transport document, any anomalies, accepting in thievent the package with reservation. In the event that the package shows obvious signs of tampering or alteration, itis advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legalguarantee of conformity apply.

Article 11. Right of Withdrawal

11.1 The user - who acts as a consumer - has the right to withdrawfrom the sale of goods agreement for the Product without stating the reason and without incurring in additionalcosts and expenses other than those indicated in this article, within fourteen calendar day (Right of withdrawal). The withdrawal period (Withdrawal Period) expires after 14 days:

a in case of a single Productorder, from the day the user or a third party other than the carrier and designated by the user comes into materialpossession of the Product;

b. in case of a Multiple Order withseparate deliveries, from the day the user or a third party other than the carrier and designated by the user comesinto material possession of the Product delivered last; or

c. in case of an order related tothe delivery of a Product of different batches or multiple pieces, from the day when you or a third person,different from the carrier and elected by you, acquires the physical possession of the last batch or the last piece.

11.2 To exercise the Right of withdrawal, the user must inform theSeller, prior to the expiry of the Withdrawal Period, of their decision to withdraw.

11.3 You have exercised your Right of withdrawal within theWithdrawal Period if the relevant communication is sent by you before the expiry of the Withdrawal Period. Thiscommunication must be trasmitted with the following ways:

Email: [email protected]

The Consumer shall obtain lastingmeans of storage for the communication related to the excercise of the Right of withdrawal, since the burden ofproof concerning the exercise of this right before the expiry of the Withdrawal Period falls on the user.

11.4 In case of exercise of the right of withdrawal, once the rightis exercised, the user must arrange for the Products to be returned to the Seller without undue delay, and in anycase before 14 calendar days as of the date the user has informed the Seller of their decision to withdraw from theagreement. The term is observed if the user hands over the Product(s) before the expiry of the previously mentioned14-day period to the courier specified by the Seller or, based on the relevant circumstances, to a courier of choice(Retun Term). The Product, duly protected and packed and in itsoriginal packaging (if possibile) must be returned to the following address (the original packaging is alwaysrequired if the serial numbers of the products are printed on it):

Gemi Elettronica

Contrada Piano Mulino, Lotto A185034, Francavilla sul Sinni (PZ)

11.5 The cost for returning the Product (including custom duties)is at the user s expense and the return occurs under their responsibility.

11.6 If the user withdraws from the agreement, the Seller shallrefund the Total Sum Due paid by the user for the Product, including delivery expenses without undue delay and nolater than 14 calendar days from the date on which the Seller was informed of the user s decision to withdraw fromthe agreement. The refund will occur by using the same payment method employed for the original transaction. In theevent that the user have returned the Products using a carrier of their choice and at their costs, the Seller maysuspend the reimbursement until receipt of the Products or until prove your demonstration of having sent theProducts back, whichever is earlier.

11.7 The user is only responsible of the decrease in value of thegoods due to a different use of the Product to the one necessary to establish the features and the Productfunctioning. In any case the Product must be kept, handled and inspected with the normal diligence and returnedintact, complete in all his parts, fully functional, must include also all the accessories and the illustrativeleaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectlysuitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to theProduct in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don’trepresent and are not autonomous products) of the Product.

11.8 If the Product has suffered a loss in value resulting from thehandling of the good other than that necessary to establish the nature, characteristics and functioning of theProduct, the Seller reserves the right to deduct from the refund amount an amount equal to this loss in value. TheCompany will notify you within of receipt of the Product of the circumstance and the consequent reduced refundamount. If the refund has already been paid, the Company will communicate the bank details for the payment of theamount due by the user due to the decrease in value of the Product.

11.9 In the event that the withdrawal has not been exercised incompliance with the provisions of the applicable legislation, it will not result in termination of the contract and,by consequence, won’t create any right of reimbursement. The Seller will communicate to the user that it will rejectthe withdrawal request from the reception of the Product. In case the Product already arrived back to the Seller, itwill stay to the Seller for user disposal for the pick-up that will have to be done on charge and underresponsibility of the user.

11.10 In the case of partial withdrawal from Multiple Orders, theamount of delivery costs to be reimbursed in favor of the user will be quantified in proportion to the value of theProduct subject to withdrawal. For example, the user has placed an order of 200.00 Euros, which includes twoProducts, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product of the value of150.00 Euros, the user will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case,the amount of delivery costs to be returned will never exceed what actually paid by the user.

Article 12. Legal Guarantee of Conformity

All the Products sold on theWebsite are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N.128-135 of Consumer Code (Legal Guarantee).

To whome it applies

The Legal Warranty is reserved forconsumers. It therefore applies solely to users who have made the purchase on the Website for purposes other thanentrepreneurial, commercial, craft or professional activities.

When it applies

The Seller is liable vis-à-vis theconsumer for any non-conformity existing at the time of delivery of the product and becoming visible within twoyears of said delivery. The Seller must be informed of the non-conformity, under penalty of forfeiture of theguarantee, within two months from the date on which it was discovered.

Unless proven otherwise, thenon-conformity materialising within six months from the delivery date of the product are assumed as existing sincethe latter, unless the assumption is incompatible with the nature of the product or with the nature of thenon-conformity. Starting from the seventh month following the delivery of the product, the burden of proof to provethat the non-conformity already existed at the time of delivery of the product shall lie with the consumer.

In order to take advantage of theLegal Guarantee, you must thus provide proof of the date of the purchase and delivery of the good. It is thereforeadvisable, for the purpose of proving the purchase, that you keep the invoice sent by the Seller, as well as thetransport document or any other document certifying the date of the purchase (such as the credit card statement orthe bank statement) and the delivery date.

In case of termination of thecontract, the Seller will return to the consumer the total amount paid, consisting of the purchase price of theProduct, shipping costs and any other additional cost. In case of price reduction, the Seller will refund the amountof the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to themeans or payment solution used by the consumer for the purchase.

The Seller shall not be held liablein the event of damage of any kind resulting from the improper use of the Product or in the event of damageresulting from unforeseeable circumstances or force majeure.

If you made the purchase as a'professional' in accordance with the provisions of the Consumer Code, the previous paragraphs of this article donot apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code.

Article 13. Manufacturer s Standard Warranty

13.1 The products sold on the Website may, according to theirnature, be covered by a standard warranty issued by the manufacturer (Conventional Warranty). The user may only assert their right to thewarranty with the manufacturer. The duration, scope (including geographical scope), conditions and procedures, thetypes of damage/defects covered and the restrictions of the Standard Warranty are set by each manufacturer and arespecified in the so-called warranty certificate contained in the product packaging.The Standard Warranty is electiveby nature and does not add to, replace, restrict, prejudice or set aside the Legal Guarantee.

Article 14. Applicable Law and Jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online DisputeResolution

14.1 The purchase contracts concluded between you and the Sellerare governed by the Italian law. To the users regularly non residents in Italy will be applied possibly morefavorable and mandatory provisions provided by the law of the country in which they are habitually resident, and inparticularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, incase the User would like to exercise this right, to the methods and the formalities of the communication of thisright and to the legal conformity guarantee.

14.2 If you are a 'consumer', for any dispute concerning theapplication, execution and interpretation of these General Terms and Conditions of Sale, the Court is where you haveyour residence or you have elected your domicile. If you are a “trader” for any dispute relating to the application,execution and interpretation of this document, the Court where the Seller has its registered office in accordancewith the provisions of article 1 above shall have sole jurisdiction.

14.3 According to Article 141-sexies, comma 3 Legislative Decree of6 September 2005 N. 206 (Consumer Code), the Seller informs the user as an end consumer whom Article 3, comma 1,lett. a) of the Consumer Code, that, in case he/she has submitted a complaint directly to the Seller, as a result ofwhich it was not possible to resolve the controversy that arose, the Seller will provide the informations concerningthe organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating toobligations arising from a contract concluded in accordance with these General Sale Conditions (ADR organizations,as indicated in Article 141-bis and followings of the Consumer Code), also specifying if it wants to use or notthese organizations in order to solve the dispute.

14.4 Furthermore the Seller informs you as consumer whom at Article3, comma 1, lett. a) of the Consumer Code that a European platform for online resolution of consumer disputes wasestablished (ODR Platform). The consumer can browse ODR Platform at the following link:; throughODR Platform the consumer can see the list of ADR Organizations, find the link redirecting to each one website andstart an on-line procedure for the solution of the disputes in which he is involved.

14.5 Whatever it is the outcome of the out-of-court settlementprocedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V,Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before thecompetent Court.

14.6 For any disputes related to the application, execution andinterpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the EuropeanUnion other than Italy can also access the European procedure established for small claims, by the Regulation (CE)N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 2,000.00,excluding interest, rights and expenses. The text of the regulation can be found on the website

Article 15.Customer Care and Complaints

You may request information, sendcommunications, ask for assistance or submit complaints by contacting the Seller s Customer Service as follows:

The Seller will deal with complaints by replying within 3 days of receipt.