Terms of sale

1.1 Customer: the Consumer, as defined below. 1.2 Order Confirmation: notice sent to the Customer via electronic mail, with which the final details of the purchase contract stipulated between Seller and Customer are ratified (of which these Conditions of Sale are an integral part). 1.3 Consumer: natural person, of age or otherwise capable of acting in accordance with the law, who places an order on the Site for purposes unrelated to the entrepreneurial, commercial, craft, or professional activity carried out subject to the rules laid down in Legislative Decree no. 206/2005 and subsequent amendments and additions. 1.4 Price: the contractual consideration indicated in the Order Confirmation, inclusive of VAT. 1.5 Product(s): the products in the electronic catalog published on the Site, as described in the relevant product sheets, and indicated in detail in the Order Confirmation. 1.6 Vendor: Destination Gusto S.r.l. with registered office in Viale Carlo Espinasse 163 - 20156 Milan, tax code, VAT number, and registration with the Milan Register of Companies no. 12240480967, a commercial company with which the Client stipulates the purchase contract and which takes care of purchasing the Products from the Vendor and reselling them at its own expense and responsibility to the Client.

2.1 The mission of the site is to promote and sell the Supplier's products, with particular reference to B2C (Business to Consumer) Commerce towards private consumers. In consideration of its commercial policy, the Seller reserves the right not to follow up on orders coming from subjects other than the Customer or in any case orders that do not comply with its commercial policy. These Conditions of Sale exclusively regulate the offer, forwarding, and acceptance of purchase orders of products between the Customers and the Seller through the Site ("Conditions of Sale"). 2.2 These Conditions of Sale do not regulate the supply of services or the sale of products by subjects other than the Seller that are present on the Site through links, banners, or other hypertext links. Before submitting orders for the purchase of products and/or services from subjects other than the Seller, the Customer is invited to verify their conditions of sale. The Seller is not responsible for the provision of services by third parties other than the Seller or the conclusion of e-commerce transactions between users and third parties. 2.3 In case of computer error, manual, technical, or any other nature that could lead to a substantial change, not foreseen by the Seller, of the price of sale to the public, making it exorbitant or derisory, the purchase order will be considered invalid and canceled and the amount paid by the customer will be refunded within 14 days from the day of cancellation, upon notice to the customer. 2.4 The seller reserves the right to verify and evaluate the correctness and good faith of the customer, especially in the case of the use of promotions or discount coupons. Should the Customer's behavior prove to be unlawful and incorrect, the Seller will promptly notify the Customer and proceed with the cancellation of the purchase order. 2.5 These Conditions of Sale are published on the home page of the Site and can be viewed by the Customer at any time before and during the procedure of placing an order.

3.1 To complete the contract for the purchase of one or more Products on the Site, the Customer must fill in the order form in electronic format, taking care to correctly enter his or her data as requested in the form itself, and send it electronically to the Seller, following the instructions given on the Site. In order to conclude the purchase contract, the Customer can create his own "account" (or personal profile) by filling in the forms on the Site, taking care to correctly enter his personal data as requested in the electronic registration forms, in order to be able to proceed more easily to purchases, even after the first one, without having to fill in all the forms every time. The customer, in any case, assumes responsibility for the accuracy and correctness of personal data entered and issued to the Seller during the registration and/or sending of the order form. It is understood that any damage/delay/distress referable to and/or attributable to the incorrectness and/or untruthfulness of the personal data inserted at the time of registration and/or subsequently modified cannot, in any case, be charged to the Seller. 3.2 The order form contains a reference to the Conditions of Sale and a summary of the main information relating to each product ordered. In particular, the price (including of all applicable taxes and/or duties), the means of payment that can be used, and the method of delivery of the products ordered (accompanied by the relative costs) are explained. In addition, there is a reference to the general conditions of use of the site. 3.3 Before proceeding to the purchase of products through the transmission of the order form, the Customer must carefully read the General Conditions of Sale and the General Conditions of Use, and print and/or save a copy for possible future use. In particular, before the conclusion of the online purchase procedure and payment, the Customer will be asked to read and accept these Conditions of Sale, as well as to print or save an electronic copy and in any case keep these Conditions of Sale under the provisions of Legislative Decree no. 206/2005 ("Consumer Code"). 3.4 The contract is concluded when, downstream of the verification by the Customer of the data relating to the order, the Seller receives electronically the corresponding order form. 3.5 With the transmission of the order form, the Customer unconditionally accepts and undertakes to observe, in his dealings with the Seller, these Conditions of Sale. If the Customer does not agree with any of the terms herein, he/she is invited not to submit the order form for the purchase of products on the site. 3.6 By submitting the order form the Client confirms that he/she also knows and accepts the further information contained on the site, in the General Conditions of Use, and the information on the processing of personal data. 3.7 The order form will be filed in the Seller's database for the time necessary to process the orders and in any case within the terms of the law. The Customer will be able to access the order form, by consulting the section Account > Orders.  3.8 The languages available to the Client to conclude the contract with the Seller are Italian and English. 3.9 The prices of the products could be subject to updates. The Client must establish the final sale price before submitting the relative order form. 3.10 Once the contract is concluded, the Seller shall take charge of the corresponding purchase order. 3.11 The Seller may not process purchase orders forwarded by the Client if sufficient guarantees of solvency are not provided or if the data supplied by the latter are incomplete or incorrect. In these cases, the Seller will inform the Customer of the non-conclusion of the contract by e-mail, indicating the reasons why it was not possible to process the order. 3.12 In general, all the articles present on the site are immediately available. However, the Seller cannot, in any case, be held responsible for the temporary unavailability of one or more products. Should specific products presented on the site no longer be available or on sale after the order form has been sent, it will be the Seller's responsibility to inform the Customer of such unavailability before the Order Confirmation. Without prejudice to what is agreed below (see section Right of Withdrawal), the sending of the order form by the customer, is also valid as acceptance of a possible partial delivery, limited to the products available within those ordered, as well as a waiver to request compensation and / or indemnity. If the Client has already paid for the complete order, the Seller will refund the amount corresponding to the unavailable products according to the modalities described below (see Refunds section). 3.13 Once the contract is concluded, the Seller will send to the Customer, at the e-mail address and in the language indicated in the order form, an Order Summary. 3.14 At the moment of the effective shipment of the products present in the order form, the Seller will send to the Client, at the e-mail address and in the language indicated, the Confirmation of the happened shipment. This document will contain all the information relating to shipping data, costs and delivery times. In addition, it will indicate the total cost of the order (with and without VAT) and the main information relating to the payment made. Finally, the document in question will contain a summary of the Conditions of Sale, the General Conditions of Use of the site and the Seller's fiscal data (Name, Legal Form, Registered Office, Entry in the Register of Companies, Tax Code, VAT number and Manager).  

4.1 Without prejudice to what is provided for in the matter of withdrawal, once the order has been confirmed it will no longer be possible to modify it. In case of urgent requests you can contact our Customer Service.  

5.1 The Products offered on the Site are exclusively first quality products. The products are purchased directly from the Vendor. 5.2 The Seller does not sell irregular products or products of lower quality than the corresponding standards offered on the market. 5.3 The essential characteristics of the products are indicated on the Site on each Product detail page. However, the images and colors of the products offered for sale may not correspond to the real ones due to the effect of the Internet browser and monitor used. It is therefore understood that, without prejudice to the indications relating to the label, the Customer will not be able to raise any objection against the Seller and/or the Supplier, if the packaging of the Product delivered does not coincide with the image of the Product shown on the Site in terms of colors/shape/dimensions. The Seller reserves the right to modify the Product packaging at any time. 5.4 The Seller pays the utmost attention to the adherence of what is described and presented on the Website concerning what is reported on the label on the product packaging. In any case it is underlined that, where differences are found, the label and the indications for the use of the Product provided by the Supplier will always be considered authentic. 5.5 At the time of delivery by the courier of the Product purchased, the Customer is required to check: that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, undamaged, or wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping). At the time of receipt of the Products the Customer must: - make sure that the packaging is intact. If this is not the case, the Customer must NOT withdraw the Products and leave them to the courier. If this happens, the Customer is required to give timely notice to the Seller to proceed with the resending of the purchased goods promptly. - sign the document of receipt of goods presented by the courier, always entering the words ""ACCEPTED WITH RESERVE"". In this way it will be easier and faster to obtain any refunds for damages attributable to transport. - if the Products received are damaged or incomplete, photograph the package both outside and inside so that, in the event of a refund request, the Seller will be able to request such material to verify the actual problem. - Once signed the document of the courier, the Customer will not be able to oppose any dispute about the external characteristics of what has been delivered and the risk of loss or damage of the Products will be transferred to all effects to the Customer. 5.6 Exceptionally, the Seller offers a further guarantee to the Customer, so that if the Customer does not provide for what is explicitly stated in par. 5.5, losing therefore the possibility to claim on the shipping courier for the damage of the products, the Seller will refund the damaged goods, according to the modalities expressed on this document. The Seller shall have the right to cancel this extra guarantee at any time, reporting it appropriately on the Site. 5.7 If the product results altered in its essential characteristics, the Client may request the reimbursement of the expense, by contacting the Customer Service within 5 (five) working days starting from the date of receipt of the products and specifying the reason "guarantee for non-compliant product". The Seller, having verified compliance with the above, will send, through its Customer Service, an e-mail to the customer of "opening return" containing the procedure to be followed for reimbursement (see Return procedure). 

6.1 The Seller will only accept payments in Euro currency. 6.2 For the payment of the price of the products and the relevant shipping and delivery costs, the Customer may use one of the methods indicated in the order form. 6.3 In case of payment by credit card, the entire payment procedure will be handled, in absolute security, by NEXI. Consequently, the Seller will never own any sensitive information (for example, the full number of the credit/debit card, or the security code). 

7.1 The Seller will use the service of the Sendabox platform, which uses the carrier SDA or other leading express couriers for the shipment of the products in Italy. The delivery takes place, through express shipping, between 3 and 5 working days (i.e. from Monday to Friday) starting from the receipt of the order form, with a maximum of 7 days in case of uncomfortable areas. For some promotional campaigns, delivery times may vary depending on the availability of the articles of the products on promotion. In any case the Seller reserves the possibility to deliver the ordered products within a maximum of 30 days from the Order Confirmation email. 7.2 The Seller undertakes to do everything necessary to respect the delivery times indicated above, but will not in any case be held responsible for damages or inconveniences caused by possible delays. 7.3 The country to which the Seller ships is Italy. 7.4 The cost for each shipment, associated to an order, on the Italian territory is fixed and equal to euro 8,90. If in the cart there are items coming from different warehouses, the cost is equal to euro 11,90. 7.5 All the above costs are to be intended inclusive of VAT, to the extent of applicable law. 7.6 The Customer is requested to always check the number and the integrity of the packages. In case of anomalies or damages, the dispute must be made immediately to the courier, refusing the delivery and promptly reporting to the Customer Service what happened. The costs of replacement and redelivery, where applicable, will be borne entirely by the Seller. 7.7 The Delivery by express shipment is intended at street level and will be made, unless otherwise indicated, from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays and only within the national territory. 7.8 In the event of the exercise of the right of withdrawal referred to in Articles 52 and following of the Consumer Code, the cost of Delivery Ancillary Services will not be returned to the user, under and for the requirements of art. 56, II paragraph, Consumer Code, being additional costs compared to the least expensive type of delivery (c.d. standard delivery) offered by the Seller. 7.9 If the Ancillary Delivery Service purchased by the user has not been provided, the cost of such service will be fully refunded to the user.

8.1. according to article 52 of the Consumer Code, the Consumer Customer will have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, in the terms and conditions indicated in the following articles. 8.2 To exercise the right of withdrawal, the Client must send the Seller a communication to the Customer Service (servizioclienti@destinationgusto.it), within 14 days from the date of receipt of the Products for which the right of withdrawal is exercised. 8.3 Once the above-mentioned communication of withdrawal has been received, the Seller, after verifying the respect of the terms of use of the right of withdrawal, will send, through its Customer Service, an e-mail of "return opening" to the Client, containing the procedure to follow for the return of the products (see Return procedure). The returned product must be received by the Seller within 14 days from receipt of the communication of the "return opening". Once the products have been received, the Seller will open a refund procedure (see Refunds) if and only if the products have been sent within the pre-established terms (for the date the postmark or the date of delivery to a courier, if any, will be considered valid) and if the products are perfectly intact and in their original packaging. 8.4 In case of withdrawal communicated by the Client according to the modalities of the previous article, the Seller will reimburse the Client all the amounts paid by the latter, including those for the delivery expenses of the Products, where applicable, within 14 days from the receipt of the withdrawal communication sent by the Consumer Client. The shipping costs related to the return of the Product are charged to the Customer. The shipment, until the certificate of receipt in the warehouse indicated by the Seller is under the complete responsibility of the Customer. Upon its arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original packaging are damaged, the Seller will deduct from the refund due a percentage equal to the respective loss of value of the Product. 8.5 In consideration of the characteristics of the Products sold by the Seller, the right to recess applies exclusively to the Product purchased in its entirety; it is not possible to exercise recess on only one or more parts of the Product purchased. In case of Orders including more than one Product, it will be possible to exercise the recess on one or more Products of the Order, specifying the description of the Products that you intend to return, in the communication of recess. In these cases, the refund will be made in the manner indicated in the preceding article. 8.6 Regardless of the correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums will always be made by the Seller in favour of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the account from which the payment was made). The Seller, also under the Consumer Code, reserves the right to withhold the refund until it has received the returned Products or until the Customer has proved that he/she has returned the Products. 8.7 The Right of Withdrawal is understood to have been exercised correctly if the following conditions are also fully respected: 1. the e-mail requesting the exercise of the Right of Withdrawal contains the order code; 2. The products related to the order for which the right of withdrawal is exercised, are sent to the Seller in a single shipment. The Seller reserves the right not to accept products of the same order, returned and shipped at different times.   8.8 It should be noted that, under art. 59 of the Consumer Code (Exceptions to the right of withdrawal), this right does not apply to: - order of Products made to measure or personalized; - order of Products that are likely to deteriorate or expire rapidly (such as chocolate products, baked goods and leavened); - your order for sealed Products that are unsuitable for return for health or hygiene reasons or that have been opened after delivery.

9.1 The return procedure is opened only after a request by the customer to exercise the right of withdrawal or following a request to return a non-conforming product (defective, damaged, etc..). In any case, downstream of the request by the Customer, the Seller will verify the actual existence of the conditions necessary for the opening of a return procedure. 9.2 Following the opening of a return procedure, the Seller will send an e-mail to the Customer containing the description of how to return the product. 9.3 In case of return for "warranty on non-conforming product", the Seller will provide at its own expense to withdraw through an express courier the product to an address specified by the customer, only for shipments departing in Italy. The Customer must make himself available for the courier to pass by on a working day at the address indicated by him. 9.4 The returned package must contain a copy of the Order Confirmation sent to the e-mail address indicated by the Customer. They will not be withdrawn in any case parcels in mark or in assigned port. 9.5 Group Purchases: For orders placed in Group Purchase mode, during the "Expiry Date", the Customer will not be able to cancel an order during an active purchase group, nor after its closure. This is because it is necessary to guarantee to those who have purchased or those who are entering the current purchase group the purchase price committed at the time of the order, avoiding that the purchase price increases. For orders placed in Group Purchase mode, therefore, the right of withdrawal does not apply.  

10.1 A refund procedure may refer to two different types of situations 1. refund of the total amount relating to an order for which the right of withdrawal has been exercised; 2. partial reimbursement for an order for which the unavailability of one or more products has occurred. 10.2 Whatever the payment method used by the Client and except for what is indicated on the subject of withdrawal in article 8 above, the refund will be activated by the Seller in the shortest time possible and in any case within 14 (fourteen) days from receipt of the Notice of withdrawal using the same payment channel with which the order was made. 10.3 Regardless of the correspondence between the addressee of the products indicated in the order form and the person who made the payment of the amounts due for their purchase, the refund of the amounts will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the account from which the payment was made).

11.1 The Customer may request any additional information from the Seller by contacting the Customer Service by phone or by e-mail using the appropriate form in the Contacts area of the site. For further clarifications it is possible to consult the Customer Service area on the Site.

12.1 The privacy information is contained in the Information on the processing of personal data which is an integral part of these Conditions of Sale. 12.2 For any other information on our privacy policy, you can send a specific request to the following e-mail address: privacy@destinationgusto.it

13.1 These Terms and Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and Legislative Decree 9 April 2003 n. 70 on certain aspects of electronic commerce.  

14.1 These Terms and Conditions of Sale are amended from time to time, also in consideration of possible regulatory changes. The new General Conditions of Sale will be effective from the date of publication of the same on the website. For any dispute that may arise about these Conditions of Sale and supplies and orders, respectively, made and forwarded under them, for the case where the customer is a consumer will be competent, under article 66-bis of the Consumer Code, the judge of the place of residence or domicile of the customer-consumer, if located in Italian territory. The following conditions are addressed to all users who access, use and/or register on the website managed, for all operational purposes, by the licence holder Destination Gusto S.r.l..   Access to and use of the website as well as the purchase of products presuppose the reading, knowledge and acceptance of these General Conditions of Use.   The products purchased on the website are sold directly by Destination Gusto S.r.l. with registered office in Viale Carlo Espinasse 163 - 20156 Milan, tax code, VAT number and registration with the Milan Register of Companies no. 12240480967.   If you need assistance visit the Support area. You will find information about orders and shipments, refunds and returns of products purchased on the site, the registration form on the website, tips and other general information about the services provided by the site.   For any other legal information, see the sections Terms of Use, Privacy Area of the site.

15.1 Destination Gusto may organise "Group Purchases", i.e. sales campaigns that are subject to the condition that the minimum number of participants ("Minimum Threshold") is not reached by a given date ("Expiry Date"). If the Minimum Threshold is not reached by the Expiration Date, the user will not be allowed to purchase the Products under the conditions of the Group Purchases. 15.2 It is not possible to purchase Products offered in the Catalogue of Destination Gusto and "Group Purchases" simultaneously in the same shopping cart, nor is it possible to purchase products from different "Group Purchases" Campaigns in the same shopping cart. 15.3 The discounted starting price compared to the retail price will decrease as the quantity ordered increases. The price decreases progressively and equally for all participants in the purchasing group, even for those who have ordered the minimum unit. There is a maximum attainable discount and a maximum number of purchasable units defined for each Campaign. Depending on the threshold reached, shipping times may vary (from a minimum of 7 working days to a maximum of 30 working days). 15.4 "Group Purchases" Campaigns will be identified by their detail page, in which it will be indicated that the offer is made within a Purchase Group and the following information will be provided: - details of the promotion (products offered and prices) - the Minimum Threshold - the Expiry Date - the Maximum Threshold (if any); - the number of subjects who, at the moment of viewing the offer, have already adhered to the Group Purchase. 15.5 The Products offered and sold within the scope of a Group Purchase can only and exclusively be paid for by credit card and can only be shipped within Italy. At the time of payment only a block on the credit card will be made (pre-authorization). The closure of the contract will be communicated to the user via e-mail at the same time as the actual withdrawal on the card. The amount actually withdrawn will depend on the price threshold reached based on the final total number of members of the Group Purchase. If the Minimum Threshold is not reached, the pre-authorized amount will be released without any charge and the purchase contract will be cancelled. 15.6 The adhesion to the Group Purchase before reaching the Minimum Threshold constitutes the conclusion of a real purchase contract, by which the user is therefore obliged to pay the Total Amount Due. The contract concluded within the context of the Purchase Group by those who adhere to it before the Minimum Threshold is reached is, however, resolutively conditional on the failure to reach the Minimum Threshold by the Expiry Date. 15.7 Participation in the Group Purchase after the Minimum Threshold has been reached constitutes the conclusion of a purchase contract, by which the user is therefore obliged to pay the Total Amount Due, following the procedures indicated above. Destination Gusto, therefore, will debit the total amount due and deliver the product. The delivery terms for the products purchased as part of the Group Purchase Campaigns will start from the day after the Expiry Date or, from the day after the Maximum Threshold is reached, unless otherwise indicated. 15.8 Destination Gusto will confirm to the user, via e-mail, that they have joined the Purchase Group immediately after receiving the purchase order. To the user who has joined the Purchasing Group before the Minimum Threshold has been reached, Destination Gusto will also send an e-mail confirming the activation of the Purchasing Group, as soon as the Minimum Threshold has been reached. If, however, the Minimum Threshold is not reached by the Expiry Date, the user will be sent an e-mail informing him/her that the Purchasing Group has not been activated and therefore that the contract has been terminated and the order cancelled. Finally, immediately after reaching the Maximum Threshold or, in case of reaching the Minimum Threshold and immediately after the Expiry Date, users will be sent a confirmation of the order.  15.9. According to an express agreement of the option to sell (c.d. "call and put" clause), the Client grants the Seller the right to sell the products offered and sold within a Group Purchase within a given term ("Expiry Date"). As a result of the above-mentioned option-to-sell agreement, for orders placed in the Group Purchase mode, the Customer will therefore remain bound to its purchase request within a given deadline ("Expiry Date"), while the Seller (optioned) reserves the right within the same deadline ("Expiry Date") to exercise its right to sell and thus conclude the contract. For orders placed in Group Purchase mode, during the "Expiration Date", the Customer will not be able to cancel an order in the active purchase group phase, nor after its termination. This is because it is necessary to guarantee to those who have purchased or those who are entering the current purchase group the contracted purchase price at the time of the order, avoiding any increase in the price. For orders placed in Group Purchase mode, the right of withdrawal is therefore not applicable. Discount codes and other reserved discounts are not usable for Purchase Groups. In case of violation of the above-mentioned sales option agreement, the Seller is authorized to withhold the pre-authorized amount, as consideration for the right of withdrawal, pursuant to art. 1382 c.c. 15.10. It should be noted that, in accordance with art. 59 of the Consumer Code (Exceptions to the right of withdrawal), the right of withdrawal is not exercised in any case with reference to: - order of products custom-made or clearly personalized; - order of products that are likely to deteriorate or expire rapidly; - order of sealed products that are not suitable to be returned for hygienic or health protection reasons or that have been opened after delivery.