Sales conditions

General Terms and Conditions of Sale

This document contains the General Terms and Conditions of Sale governing the offer and sale of the Products, as defined below, through the website www.biscottigentilini.it (hereinafter the “Site”), owned by Gentilini.
The products and services purchased on the Site are sold by B2X S.r.l., with registered office in Rome at the address of Via Coponia 8, 00131 Rome, VAT No. 11020591001, and Rome Companies Register No. 1272364 (hereinafter the “Seller”).

These General Terms and Conditions of Sale apply to the offer of the Products, as defined below, to consumers, meaning by consumers:

• Natural persons not acting for purposes related to any commercial or professional activities, including the forwarding and acceptance of online purchase orders between the Seller and consumers (i.e. Business to Consumer or B2C commercial relations). Applicable provisions are therefore those of Legislative Decree No. 206/2005, the so-called Consumer Code, and of Legislative Decree No. 70/2003 on Electronic Commerce;
• Natural persons not acting for personal reasons but for purposes related to any commercial or professional activities, including the offer, forwarding and acceptance of online purchase orders between the Seller and any company (i.e. Business to Business or B2B commercial relations), as per Article 3, Paragraph 1, Letter b, of Legislative Decree No. 206/2005, the so-called Consumer Code. Furthermore, applicable provisions are those contained in the Civil Code, in Legislative Decree No. 70/2003 on Electronic Commerce and Legislative Decree No. 206/2005, the Consumer Code, where also applicable to B2B relationships. 
The Seller invites you to carefully read these General Terms and Conditions of Sale before proceeding with any purchase via the Site. Indeed, the Seller reserves the right to modify these General Terms and Conditions of Sale at any time deemed opportune. All modifications will be effective from their publication on the Site and will apply to sales concluded from such publication. For further information, you may contact the Seller, who will reply from Italy via the contact form that you will find on the Site (contact with the Seller via such methods is defined below as part of the “Customer Service”).
The products on the Site are intended for an adult audience. The Seller declines all responsibility for any purchases of the products made by minors.

1. Definitions
In these General Terms and Conditions of Sale the following terms have the meaning as specified below:
• Contract: a sales contract concerning a Product, which is concluded between the consumer and the Seller through a sales system organized on the Site, to which these General Terms and Conditions of Sale apply.
• Customer, or you: the final consumer, i.e. the natural person acting for purposes not related to any commercial or professional activity and permitted to use the Site in order to purchase the Products, according to the methods indicated in these General Terms and Conditions of Sale.
• Order Confirmation: final summary of the details relating to the Contract, sent to the Customer by e-mail once payment has been made and the Seller has started preparing the order for shipment (as regulated by these General Terms and Conditions of Sale). The receipt of the Order Confirmation by the Customer constitutes the moment in which the Contract is finalized. In detail, this document contains the list of Products actually purchased together with their main characteristics, including that relating to the Price. It will also contain all information relating to shipping data, costs and the shipping method requested. In addition, the total cost of the order (with and without VAT) and the main information relating to the payment made will be indicated. Finally, the document in question will contain references to the General Terms and Conditions of Sale, to the General Terms and Conditions of Use of the Site and to the Seller’s tax data (name, legal form, registered office, companies register number, tax code, VAT number and responsibility).
• Order Form: the form on the site for entering and registering the data of the Consumer who intends to conclude a Contract and which will be sent electronically to the Seller.
• Price: the contractual consideration, including VAT. Delivery costs are included in the Price and the related cost item is expressly indicated when sending the Order Form.
• Product(s): the items present in the electronic catalogue published on the Site, as described in the relevant product sheets. The equipment installation service, as well as the maintenance service, when foreseen and within the limits of how they are described in the catalogue on the Site, are also considered Products.

2. Commercial Policy - Scope of Application

2.1 The Seller’s mission is to promote and sell the Supplier’s Products to private individuals qualifying as consumers. In consideration of its Commercial Policy, the Seller reserves the right not to process orders from parties that do not fall within the definition of Customer, or in any case to orders that do not comply with its Commercial Policy.

2.2 The Products are kept at the central warehouse of the Seller who provides for shipment to the Customer who has concluded the Contract;

2.3 In the event of an IT, manual, technical, or any other type of error, not foreseen by the Seller, which could result in a substantial change in the Price making it exorbitant or clearly insignificant compared to the value of the Product, the Contract will be considered invalid, therefore cancelled, and the amount paid will be refunded to you within 14 days from the day of cancellation, upon notice by the Seller.

2.4 The Seller reserves the right to verify and evaluate your correctness and good faith when you act as a Customer, especially in the case of using promotions or discount coupons. If your behaviour is found to be unlawful or improper, the Seller will promptly notify you and will proceed with the cancellation of your order, indicating the reasons.

2.5 These General Terms and Conditions of Sale can be viewed at any time on the Site, and you must expressly accept them in order to proceed with the conclusion of the Contract. By completing the order form and checking the box in correspondence with the request for acceptance of the General Terms and Conditions of Sale, you commit, in relations with the Seller, to all the provisions contained herein.

2.6 In any case, before proceeding with the purchase of the Products by sending your data and making the payment, it is your obligation to carefully read the General Terms and Conditions of Sale and the General Terms and Conditions of Use, as well as to print and/or store a copy for any future use, in compliance with the provisions of the Consumer Code.

3. How to conclude the contract with B2X S.r.l.

3.1 The purchase of a Product requires the registration of your data on the Site by completing the Order Form. Entering your personal credentials is necessary for the purpose of concluding your Contract and allows you to save your personal data and speed up the procedure for your future purchases.

3.2 You will be solely responsible for the truthfulness and correctness of the data entered and communicated to the Seller when completing the Order Form. It is understood that any damage, delay or inconvenience deriving from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase procedure, or in any case subsequently modified, may in no case be attributed to the Seller.

3.3 While completing the Order Form, you will be able to view the General Terms and Conditions of Sale as well as a summary of the main information relating to each Product being ordered. In particular, you will be able to see the price, the payment methods that can be used, the delivery methods and related costs, as well as a reference to the General Terms and Conditions of Use of the Site.

3.4 By submitting the Order Form, you unconditionally accept and undertake to comply with these General Terms and Conditions of Sale in relations with the Seller. If you do not agree with one or more of the terms or conditions herein, you should not submit the Order Form for the purchase of Products on the Site. By submitting the Order Form, you confirm that you know and accept the additional information contained on the Site, in the General Terms and Conditions of Use and in the Privacy Policy.

3.5 The Contract is concluded when the Customer receives the Order Confirmation.

3.6 The Order Confirmation will be stored in the Seller’s database. You may access the Order Confirmation by consulting the Personal Area > “My orders” section, or, if the Customer is not registered on the Site, in the Support Area, by entering the order code and the e-mail address used when filling out the order form.

3.7 The language for concluding the Contract is the one selected by the Customer at the time of purchase.

3.8 The Price may be subject to updates until the effective submission of the Order Form. The submission of the Order Form implies confirmation and acceptance of the Price, except only as indicated in Article 2.3 above.

3.9 Any active promotions on the Site relating to specific Products cannot be combined with each other, unless otherwise communicated by the Seller.

3.10 Only purchase requests with shipment to Italy, to countries belonging to the European Union or to Switzerland will be accepted by the Seller.

3.11 In general, all the Products offered on the Site are immediately available with the exception of specific cases which will be expressly indicated. For real-time payment methods (e.g. by credit card, or PayPal) the availability of the products is guaranteed for the time necessary to complete the transaction (60 minutes). However, the Seller may not, under any circumstances, be held responsible for the temporary unavailability of one or more Products.

3.12 In the event that you pay by credit card, if a Product is no longer available or on sale after sending the Order Form, it will be the Seller's responsibility to notify you aunt before the Order Confirmation.

3.13 Your submission of the Order Form also constitutes acceptance of any partial delivery, limited to the Products available among those ordered, and a waiver of any claim of compensation or indemnity in relation to such partial delivery. If you have already paid for the complete order, the Seller will refund the portion of the Price corresponding to the unavailable Products as per the methods described below (see the section on “Refund times and methods”).

3.14 Once the order phase has been completed, the Seller will send you, to the e-mail address indicated in the Order Form, notification of the correct receipt of the Order Form, with a summary of the information contained in the form itself. This document is not to be understood as the Order Confirmation, which will be sent later, upon actual shipment of the Products.

4. Order cancellation

4.1 Without prejudice to the provisions regarding withdrawal, it is possible to cancel orders not yet processed (marked with the status "in progress" or "awaiting payment") by contacting Customer Service.

4.2 It is not possible to cancel an order once the Order Confirmation has been received, therefore once the shipment has been processed.

4.3 In the event that, at the time of cancelling an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to request a refund (as described in the section on “Refund times and methods”).

5. Guarantees and after-sales assistance

5.1 The Products offered on the Site are exclusively top quality products.

5.2 The essential characteristics of the Products are indicated on the Site on each Product detail page. However, the images and colours of the Products offered for sale may differ from the real ones due to the internet browser and monitor used by the Customer in browsing the Site. It is therefore understood that the Seller may not be held liable for any inaccuracies due to any faults in the device used by you. The Seller furthermore reserves the right to modify the packaging of the Products at any time.

5.3 The Seller pays utmost attention to ensure compliance of the Products with what is described and presented on the Site and with what is reported on the label on the packaging of the Products themselves. In any case, it is emphasized that, where any differences may be found, the label and use instructions that come supplied with the Products shall prevail.

5.4 Upon delivery of the purchased Product by the courier, you should check that the number of packages delivered corresponds to that indicated in the transport document and that the packaging and sealing materials (e.g. adhesive tape or material strapping) are intact, undamaged and not wet or otherwise altered. Otherwise, you should NOT accept the Products, but rather leave them with the courier. Should this happen, you must promptly notify the Seller in order to proceed with the timely resending of the purchased goods. Furthermore, we advise you to sign the goods receipt document presented by the courier together with writing the words “ACCEPTED WITH RESERVE”, so that it will be easier and faster to obtain any refunds for damages attributable to transport. Finally, if the Products received are found to be damaged, incomplete or not exact, you should take photographs of each package, both inside and out, keeping the label, the lot number and the Product visible, since, if you ask for a refund, the Seller may request such material in order to perform opportune checks.

5.5 Once the courier’s document has been signed without reserve, you will not be able to make any claim regarding the external characteristics of that delivered, and the risk of loss or damage to the Products will transfer to you in all respects.

5.6 The Seller recognizes guarantees for defects in the thing sold and for defects in promised quality, conformity and essential characteristics, in addition to other guarantees provided for by the Civil Code, with related terms, forfeitures and limitations. Excluded from the scope of such guarantees are any uses of the Products in ways not in conformity with their intended use or with that foreseen in the use instructions of the Products, and all cases in which the Products are stored in unsuitable places or exposed to bad weather, dirt or contaminating agents.

5.7 The Seller, having verified compliance with the above, will provide you with the necessary procedures and , at its own expense, to have the non-compliant Products collected via express courier, directly from an address indicated by you. After receiving the correctly returned Products, the Seller will evaluate any effective defects or discrepancies and, in the event of confirmation, will re-send replacement Products no later than 30 (thirty) days from the date of receipt of the return. In the event that the defects or discrepancies are not confirmed, the Seller will promptly notify you of the negative outcome of the return procedure and you will not be sent any replacement product. In any case, you may, at your own expense, collect the product from the Seller no later than 30 (thirty) days from notification of the negative outcome of the procedure.

5.8 The guarantee of conformity of the Products will be applied correctly if the following conditions are also fully respected: a.) the request for the application of the guarantee contains the information relating to the order contained in the Order Confirmation and the reasons for the return; b.) the returned Products are sent to the Seller in a single shipment. Indeed, the Seller reserves the right not to accept Products relating to the same order returned and shipped at different times. The Seller reserves the right to ask you to attach the Order Confirmation, the transport document or other documentation proving the date of the Contract and the delivery date of the returned Products in order to request the application of the guarantee.

5.10 The Seller is not responsible or liable for compensation for any indirect or consequential damages, such as, without limitation, loss of profit, loss of income, production limitations, administrative or personal costs, loss of customers or legal action by third parties. The guarantee in question is valid only for Products purchased by a Customer residing within the territory of Italy.

6. Payments

6.1 The Seller will only accept payments in the currency of the Euro (€), by the methods explained directly on the Site.

6.2 For the payment of the Price you can 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 managed in a secure manner by WORLDLINE, meaning that the Seller will not come into possession of any information relating to the complete credit or debit card number, the security code, or similar.

6.4 An optional credit card detail storage service will be available via the Site for future purchases. You will be able to activate this function at the end of the payment of an order. The credit card details will be kept exclusively by BNL WORLDLINE, and again, in such case, the Seller will not have access to them. Each time you pay for an order using the “stored card” feature, the Seller’s system will contact the BNL WORLDLINE payment system, indicating the amount due and a special code, or “Alias”, which will uniquely match the payment with the card. The process will be fully traced by BNL WORLDLINE.

7. Product shipping and delivery

7.1 The Seller ships the Products to Italy via leading express couriers. Deliveries will take place from Monday to Friday, according to the terms stipulated when the order is formalized. 

7.2 The Seller ships to countries belonging to the European Union.

7.3 The Seller undertakes to do everything necessary to respect the indicated delivery times, but shall in no case be held responsible for any damage or inconvenience caused by delivery delays.

7.4 The shipping cost in Italy under €49,90 of expenditure is €9.00, in other countries it varies depending on the weight range of the cart.

7.5 All the costs are stated as inclusive of VAT, applicable to the extent of law.

7.6 Always check the number and integrity of packages upon delivery. Check the correspondence of the Products delivered to you with the order placed according to the procedure indicated in point 5.4 of these General Terms and Conditions of Sale. Only after performing this check should you sign the delivery documents, except in cases of exercising the right of withdrawal as provided for in Article 8 of these General Terms and Conditions of Sale.

7.7 In the event of any anomalies or damage, a complaint should be made immediately to the courier, the delivery should be refused and Customer Service should be promptly notified of the incident, as indicated in Article 5 of these General Terms and Conditions of Sale. Replacement and redelivery costs will be entirely borne by the Seller.

7.8 Delivery by express shipping means 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.

7.9 If on the day of delivery, you are not available at the address indicated two additional delivery attempts will be made and if they are unsuccessful, the goods will return to our warehouse.

8. Right of withdrawal

8.1 Pursuant to Articles 52 and following of the Consumer Code, you 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 in the manner indicated in this article, subject to the exceptions referred to by Article 59 of the Consumer Code (as detailed in point 8.8).

8.2 To exercise the right of withdrawal, where applicable, you must send the Seller a communication to that effect via Customer Service within 14 days of the date of receipt of the Products for which the right of withdrawal is being exercised.

8.3 Once the aforementioned notice of withdrawal has been received, the Seller, having verified compliance with the terms for exercising the right of withdrawal, will send you a “return procedure” e-mail via its Customer Service, indicating the procedure to be followed for returning the Products (see “Return procedure for withdrawal” on the Site). The returned Products must be received by the Seller intact and in their original packaging within 14 days of receiving the “return procedure” for the withdrawal. Once the returned Products have been received, the Seller will start the refund procedure (see “Refunds” on the Site) if and only if the Products:
• Have been sent within the pre-established terms (for the date, the postmark or date of handing over to a courier may be considered proof);
• Are perfectly intact and in their original packaging, complete with all their parts (product packaging and accessory documentation), in such conditions that they can be put back on sale.

8.4 In the event of a withdrawal communicated in the manner referred to in the previous paragraph, the Seller will refund all the corresponding amounts (including the delivery costs for the Products if you used the least expensive delivery service offered by the Seller) within 14 days of receipt of the due notice of withdrawal sent.

8.5 In consideration of the characteristics of the Products sold by the Seller, the right of withdrawal applies exclusively to Products purchased in their entirety. It will not be possible to exercise the right of withdrawal for only one or more parts of any purchased Product. In the case of orders including several Products, it will be possible to exercise the withdrawal in relation to one or more Products of the order by specifying the description of the Products to be returned in the withdrawal notice. In such cases, the refund will be made according to the methods indicated in the previous paragraph.

8.6 Whether or not the recipient of the Products indicated in the Order Form and the party who paid the sums due for their purchase are the same, the refund will always be made by the Seller in favour of the party who made the payment (identified as the holder of the credit card used for the purchase, or as the holder of the current account from which the bank transfer used for the purchase was made). The Seller, in accordance with the Consumer Code, reserves the right to withhold the refund until it has effectively received the returned Products.

8.7 The right of withdrawal is understood to be exercisable only if the following conditions are also fully respected:
• The email requesting the exercising of the right of withdrawal indicates the order code;
• The Products relating to the order for which the right of withdrawal is being exercised are sent to the Seller in a single shipment. Indeed, the Seller reserves the right not to accept Products relating to the same order returned and shipped at different times.
8.8 It should be noted that, pursuant to Article 59 of the Consumer Code (“Exceptions to the right of withdrawal”), the right of withdrawal shall not apply in the following cases:
• (Letter c) Goods made to measure or clearly personalized;
• (Letter d) Goods liable to deteriorate or expire rapidly;
• (Letter e) Sealed goods opened after delivery and not suitable for return for hygienic or health reasons;

9. Returns

9.1 The return procedure will only be started following your request to exercise this right and only in cases in which:

a) You note damage to the parcel and/or some packaging upon delivery;
b) You note an error in the composition of the package delivered with respect to the order placed or a lack of the ordered Products;
c) You note an anomaly in the composition of the product.

In the cases listed above, and following your request, the Seller will check the effective existence of the conditions necessary for initiating the return procedure (requested by the Seller) and issuing a refund.

9.2 Following the initiation of the return procedure, the Seller will send you an e-mail containing a description of how to return the Products.

9.3 The shipping costs for returning the Products to the warehouse indicated by the Seller are to be at your expense. The Seller also provides the possibility of collecting the Products via an express courier from the address indicated by you. The product must satisfy transportability requirements (i.e. must not be expired, must not have broken or leaking packaging, etc.). The cost will depend on the Products being returned and the relative amount will be communicated to you before the online return procedure is finalized. The cost will be deducted from the total refund amount. You must be available to deliver the goods to the courier on a working day, to the address indicated by you.

9.4 The shipment, until the certificate of receipt in the warehouse indicated by the Seller is signed, shall be under your complete responsibility. Upon its arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not caused by the transport. If the original package and/or packaging are damaged, the Seller will deduct from the refund a percentage equal to the respective loss in value of the Product.

9.5 The returned package must contain a copy of the Order Confirmation sent to the e-mail address indicated by you or the waybill present on the package upon receipt.

10. Refund Times and Methods

10.1 Two different types of refund may be made in different circumstances:
• Refund of the total amount relating to a Product for which the right of withdrawal has been exercised due to a defect found such as to give the Customer the right to exercise the guarantee, and for which it is not possible to proceed with replacement of the Product;
• Partial refund relating to an order for which one or more Products were unavailable at the time of shipment.
10.2 Whatever the payment method you used, the refund is activated by the Seller as quickly as possible and in any case within 30 (thirty) days from the event that justifies the refund, using where possible the same payment channel with which the refund was made. 

10.3 Regardless of the correspondence between the recipient of the Products indicated in the Order Form and whoever made the payment of the sums due for their purchase, the reimbursement 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 to pay the Price or as the holder of the current account from which the bank transfer used to pay the Price was made).

11. Privacy

11.1 Information on the processing of personal data is contained in the Privacy Policy, which forms an integral part of these General Terms and Conditions of Sale.

11.2 For any further information regarding the Privacy Policy, you may send a specific request via the Customer Service.

12. Applicable law and dispute resolution

12.1 These General Terms and Conditions of Sale are governed by Italian Law, with specific reference to the legislation on electronic commerce contained in Legislative Decree of 9 April 2003, No. 70, and the Consumer Code, Legislative Decree of 6 September 2005, No. 206.

12.2 Any dispute that refers to the interpretation, execution, non-fulfilment or termination of the Contract, or that in any way is related to the General Terms and Conditions of Sale, will be subject to the jurisdiction of the Court of Rome, when the law does not provide for the exclusive jurisdiction of the consumer.

12.3 We remind you that you may, at any time, refer to the dispute resolution portal of the European Commission.


13. Modifications and updates

The Seller reserves the right to modify these General Terms and Conditions of Sale at any time, also in consideration of any regulatory changes; any new rules will be effective from the moment of their publication on the Site and will apply to sales that will be made starting from their publication.

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, as well as 33 and following of the Consumer Code, you expressly declare that you have read, understood and expressly accept the following articles of these General Terms and Conditions of Sale:

3 - How to conclude the contract with B2X S.r.l.
4 - Order cancellation
5 - Guarantees and after-sales assistance
6 - Payments
7 - Product shipping and delivery
8 - Right of withdrawal
9 - Returns
12 - Applicable law and dispute resolution
13 - Modifications and updates