AGB

Terms and Conditions of Sale  

Please read these Terms and Conditions of Sale (“Terms of Sale”) carefully before placing an order through our Website.  

These Terms of Sale exclusively regulate the purchase of products available on our Website. They do not apply to any services or products offered by third parties that may be accessed via links, banners, or other connections from our Website.

1. Acceptance of the Terms of Sale

In these Terms of Sale, the phrases “customer”, “you”, and “your” refer to each user or visitor of the Website placing an order for our products. “We”, “us”, and “our” refer to Gessi S.p.A., while “Seller” refers exclusively to Calicantus Srl.  

Our products you purchase on this Website are sold by the Seller. The Seller is a company that manages the online sale of products on the Website and all related activities, including the management of orders, shipments and returns, invoicing and payments.  

By placing an order through this Website, you acknowledge that you have read, understood and agreed to follow and be bound by these Terms of Sale. These Terms of Sale do not alter in any way the terms and conditions of any other agreement you may have with us for products, services or otherwise.  

We reserve the right to revise these Terms of Sale at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Each time you access the Website, you are responsible for reviewing the most current version of these Terms of Sale. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms of Sale. 

If at any time you find these Terms of Sale unacceptable or if you do not agree to these Terms of Sale, please do not place an order.  

By accepting these Terms of Sale, you confirm that you are legally able to enter into binding contracts under the laws applicable in your jurisdiction. You also confirm that you are purchasing our products for personal use only and not for purposes related to your commercial, entrepreneurial or professional activity.

2. Order Acceptance and Cancellation

To purchase our products through this Website, you must submit an order proposal to the Seller using the form available on the Website at the time of checkout and following the instructions indicated. You may send the order proposal either by creating an account or proceeding as a guest user. Regardless of how you proceed, you agree to provide accurate, current, and complete information as prompted by the form. The Seller reserves the right not to accept or cancel orders if the information provided is inaccurate, incomplete or unreliable (e.g. partial/wrong invoicing information or shipping address).  

When you place an order, it represents a binding offer to purchase our products. The purchase is formed only when the Seller accepts your order and sends you an Order Confirmation by email upon successful payment by you. Order confirmations are sent out within 2 working days from the receipt of the order proposal. Order proposals from countries not included in the list displayed in the Shipping and Delivery section of the Website will not be accepted by the Seller.  

If the products presented on the Website are unavailable, the Seller will promptly inform you, and in any case within 7 working days from the day following on which you sent the order proposal. If you have already paid the price of the products, the Seller will refund you the amount already paid, and the purchase contract will be considered terminated.  

You may cancel your order only if it has not yet been assigned to our logistics for shipment. To request order cancellation, please fill out the cancellation form available on the Website. 

We may monitor purchasing processes, including your returns, if any, for the sole purpose of verifying that purchases are made for personal use only and not for commercial purposes or with fraudulent intent. When conducting such monitoring, we may consider, among others, factors such as your total expenditure over a period of time, the frequency of returns, etc. If our monitoring indicates potentially fraudulent behaviour or abuse of our return policy, we will notify you by email or phone. In such cases, the Seller reserves the right not to accept or to cancel orders or to restrict your ability to make future purchases on the Website.

3. Prices and Payment

Product prices are inclusive of value added tax (VAT) but exclude shipping costs. Shipping costs may vary based on your selected product, the volume and weight of the package, and your delivery address. As such, the prices may be subject to change. Please check the final sale price before sending in your order proposal. The final price, including all applicable taxes and shipping costs, will be shown to you at the time of checkout before you complete your payment. In the event that an obvious error in the price of a product or in the calculation of the payment amount is found, the Seller may not accept the order and will contact you to offer the opportunity to purchase the product at the correct price. 

To pay for the products and related costs, you can choose one of the following payment methods: 

The Website supports multiple currencies based on your country of sale. The Seller will only charge the costs actually incurred in relation to the payment method you select, without additional charges. 

When paying by credit card, your financial information (such as card number or expiration date) will be transmitted via an encrypted protocol to the banks that offer remote electronic payment services. Your financial information will be protected and not accessible to third parties. The Seller will use this information exclusively to complete your purchase, issue refunds for approved returns, or to prevent and report fraud to the appropriate authorities.  

In case of payment via digital wallets or alternative payment methods, the session will be redirected to the secure site of the selected provider (e.g., ApplePay, GooglePay, etc.). You must complete the payment on such a site in accordance with the terms and conditions of that provider as agreed upon by you at that time or previously

4. Shipping and Delivery

For detailed information on the shipping and delivery methods, we invite you to visit the section called “Shipping and Delivery” on our Website. Please pay attention to the information provided in that section, as it forms an integral part of these Terms of Sale. By placing an order, you acknowledge that you have read such information and agree to it.  

All order placed by you and confirmed by the Seller will be shipped by express courier (national and international) to the delivery address you have provided. Standard delivery times are as follows: approximately 1-3 working days from the date of shipment for deliveries within Italy; 3-4 working days for countries within the European Union (“EU”); and 4-5 working days for countries outside the EU. Please note that shipments are processed from Monday to Friday only. The Seller will promptly notify you by email in the event of any changes or delays to these estimated delivery timeframes.   

You are required to provide a delivery address that is regularly attended, as the express courier will make a limited number of delivery attempts based on your country. In the absence of anyone to receive the package, the goods will be transferred to the courier’s local office, and it will be your responsibility to arrange for collection. 

We recommend that you check the integrity of the packaging and/or the product’s wrapping at the time of delivery. Any damage should be immediately reported by making a note on the courier’s proof of delivery and communicated to our Customer Service.

5. Duty and Import Taxes

Products are not subject to any duty or import tax if sold and delivered to Italy or any other country within the EU.  

For deliveries made outside the EU, the products may be subject to duty and/or import taxes according to the specific product and country of delivery. The Seller cannot foresee which fees may be requested for customs clearance. For more information regarding potential customs duties and import taxes, you should consult your local customs office. 

In all cases, any fees arising from duty and/or import taxes will be your responsibility as the customer and are not included in the product price or shipping costs disclosed at checkout. Neither we nor the Seller shall be responsible for any delays, non-delivery, or other issues arising from customs procedures or payment of such duties and taxes. 

To exercise the right of withdrawal, you can fill out the return form found on the Website. This form should be completed according to the instructions provided. The Seller will then send you a confirmation email confirming receipt of your withdrawal declaration and instructions for the return.  

The right to withdrawal must be exercised within 14 days from the date on which you received the products, in  accordance with our policy on return and refund as outlined below.

7. Return and Refund

For any return to be accepted, the following conditions must be met:  

To initiate the return, please fill out the form available at the page most appropriate for your situation. The relevant forms can be found on the “Order & Return Support” section of the Website. 

After submitting the return form available on the appropriate page, you will receive an email confirming the receipt of your request and the instructions for the return. You will also receive a prepaid shipping label via email, which must be attached to the outside of the return package.  

A courier will be arranged to collect the package from your address.   

The costs of returning the purchased products will be at your expense unless the return is due to an error committed by the Seller (i.e., the return is for defective, damaged or incorrect products).  

Remember that all products must be returned perfectly intact, with all protective materials and stickers still attached (if originally present). You must also return the original packaging, accessories, and documentation. The Seller will conduct a thorough inspection of returned products to ensure they meet our return conditions. If a returned product shows signs of unreasonable use or has been altered from its original condition, the Seller reserves the right not to accept the return or to reduce the refund amount accordingly. 

If your return is not accepted, the Seller will send you a detailed explanation of the reasons. In this case, the Seller will return the products to you at its own expense, except where you have mistakenly returned products not purchased from our Website. In such cases, the Seller will provide you with information for collecting the products at your expense upon your request. Neither the Seller, nor we, assume any responsibility if personal items or items not included in your order are mistakenly included in the return package. 

Upon receipt of your return and verification that all requirements have been met, the Seller will process your refund within fourteen (14) working days. The refund will be issued using the same payment method you used for your purchase, with deduction for the fee of return management in case of a return by exercising right of withdrawal.  

If any defects are found in the returned products, the Seller may reduce the refund amount accordingly and will notify you of this decision.

8. Manufacturer’s Warranty

For specific details about the manufacturer’s warranty for our products, please refer to the warranty information included with your product or contact our Customer Service.

9. Disclaimers and Limitation of Liability

The essential characteristics of the products are presented on our Website within each product sheet. However, the images and colours of the products shown on the Website may not correspond exactly to the real ones due to variations in the Internet browser and monitor used. 

We do not make any warranties regarding the availability of the products on the Website. We also do not make any warranties for the suitability of the products for any specific purpose beyond their normal intended use as described in the product specifications.  

To the fullest extent permitted by the applicable law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from the purchase and use of the products. For the avoidance of doubt, this limitation does not affect your statutory rights as a consumer.

10. Cookies and Privacy

This Website uses cookies to enhance user experience. By continuing to use the Website, you consent to the use of cookies in accordance with our Cookie Policy.  

Our Privacy Policy explains how we collect, use, and disclose your personal information. By using the Website, you acknowledge and agree to the practices described in our Privacy Policy.

11. Governing Law

These Terms of Sale are governed by the laws of the Italian Republic.