Terms and Conditions

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General Conditions of Sale 1. INTRODUCTION. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS 1.1 This Website www.4Gifters.com (the “Website”) operates as a social network and on-line commerce platform specialising in e-gifting and is executed and managed by 4Gifters Italy Srl (“4Gifters”), a company governed by Italian law, with registered office in Milan at Piazza Cavour, 7, entered in the Companies Register of Milan under No. 08438240965, Tax Code 08438240965 and VAT No. 08438240965, share capital of € 10,000, fully paid in. 1.2 4Gifters offers services through its Website consisting of: i) the provision to other economic operators (“Partner”) of a space, within the Website, dedicated to them (“Partner Shop”), intended for the Description of the characteristics (“Description”) of Products and/or services of Partner ( “Products” and/or “Services”); ii) the issuance and forwarding to purchasers and/or to the beneficiaries designated by them (respectively, the “Purchaser(s)” and “Beneficiary/Beneficiaries”) of 4Gifters PickUp Code (as defined below); iii) the collection of the fees paid by the purchasers of the Products and/or Services; iv) the management of relations with the carrier, commissioned to deliver any Products which may be requested. 1.3 These General Conditions (the “General Conditions”) govern the procedure for purchase and issuance of on line digital coupons (“4Gifters PickUp Code”). The 4Gifters PickUp Codes shall confer the right on the Purchaser or the Beneficiary, under the specified conditions and terms of validity, to collect or receive one or more Products or to make use of one or more Services. 1.4 The Descriptions published by the Partners on the Website refer to Products or Services to be provided by the individual Partners, which are exclusively liable for the obligations to provide the Product or deliver the Service to the same Purchaser or to the Beneficiary designated by them. 4Gifters hence shall not establish any contractual relationship with the Purchaser/Beneficiary concerning the purchase of Products or the provision of Services, but shall operates exclusively in the capacity of agent, as provided in these General Conditions. 1.5 The provisions of these General Conditions, which refer to Consumers, are applicable exclusively to persons falling within the associated definition, as specified below. Consumers shall benefit from the protections granted to them by the applicable legislation, in particular by Legislative Decree No. 206/2005 (“Consumer Code”), and by Legislative Decree No. 70/2003 (“Code of Electronic Commerce”), as subsequently amended and supplemented. 1.6 The Purchaser and/or the Beneficiary, where applicable, shall have the option of saving, storing, downloading, printing and preserving, in paper or in electronic form, these General Conditions, the Order (as defined below), the 4Gifters PickUp Codes and any other attachment or document relating to the contract, both during the conclusion of the same Order, with the support of the functions the Internet browser itself, or by using the features of the e-mail programme, at the time of receipt of the Order Confirmation (as defined below), which summarises the Description, with the attached General Conditions and the Digital Code. 2. DEFINITIONS The terms indicated with a capital letter, unless otherwise defined in these General Conditions, shall have the following meanings, specifying, where applicable, that the singular includes the plural, the masculine the feminine and vice versa. The Purchaser is the subject, whether or not a Consumer, who purchases and requests, via the Website, the issuance of 4Gifters PickUp Codes, for himself or for others, under the conditions specified therein. The Beneficiary is the person designated by the Purchaser, in favour of whom the Digital Code is purchased and issued [i.e. the subject to whom the Purchaser or Beneficiary have, where permitted in the Description, subsequently transferred the Digital Code]. The 4Gifters PickUp Code is a digital coupon, expressed as a unique digital code, notified electronically (via e-mail and/or text message) to the Purchaser and the Beneficiary, which confers the right to collect or receive the Product or to make use of the Service forming the object of the Description, under the terms and conditions of the same. Order Confirmation is the confirmation, sent by 4Gifters, via the Website, of acceptance of the Order received, at the same time as the notification of the Digital Code. The Consumer is the Purchaser who is a natural person, acting for purposes unrelated to any business, commercial, craft or professional activity carried out. The Agreement is the agreement between the Partner and the Purchaser having as object the purchase and issuance of the Digital Code. Outlet is the point of sale, local unit or outlet owned by or associated with the Partner, where the Purchaser or Beneficiary can collect the Product or receive the Service under the conditions and within the deadlines specified in the Description. Gift Up and/or Team Gift is a method of purchasing a Digital Code in favour of a Beneficiary, through multiple deposits by different Purchasers. Order is a purchase of a Digital Code formulated by the Purchaser, using the procedure described in Art. 7, resulting in a request for the issuance of a Digital Code. Partner is the economic operator who inserts the Descriptions into the Website and concludes the Agreements with Purchasers. Partner Shop is a virtual window within the Website dedicated to the Description of the Products or Services of each Partner. Products and Services are the goods and services covered by the Description Website. The Description is the invitation, directed towards Users and published in the Partner Shop, to propose the conclusion of the Agreement. The User is the person who has completed and submitted the registration form on the Website, accepting the General Conditions. The Purchaser is the subject, aged over 18 (eighteen), who has completed and submitted the registration form on the Website, accepting the General Conditions. 3. ASSISTANCE SERVICE 3.1 Notwithstanding the above (and what is specified below) regarding the ownership of the Agreements, as well as the sole liability of the Partners with reference to the Products and/or Services forming the object of the Description, 4Gifters is available to Users through its assistance service, for any clarification or information regarding the content of these General Conditions, 4Gifters PickUp Code and the provisions governing them, as well as for any complaints. The 4Gifters assistance service is active at the following telephone number: Number for Italy and the rest of the world: (+39) 02 02 87169827 Available from Monday to Friday (10 a.m. to 6 p.m.) And at the following addresses: E mail: help@mail.4gifters.com; By letter 4Gifters srl Piazza Cavour, 7 20121 Milano (MI) Italy 3.2 In any event, if the User decides not to use the telephone or e-mail service, all of the rights and powers granted to it by the Consumer Code, where applicable and more generally, by the applicable regulations, shall be unaffected. 4. REGISTRATION AND REGISTRATION ON THE WEBSITE 4.1 The registration on the Website, reserved for people over the age of 18 (eighteen), shall occur via access to the “Registered” section, and is subject to the previous examination and acceptance by selecting the appropriate option/pressing the associated button of the General Website Conditions. 4.2 On registration, the User (i) shall become part of the 4Gifters community, interested in seeing representations and consulting the Descriptions regarding the Products and/or Services; (ii) may receive a periodic newsletter containing the Description to be published, when he has selected the appropriate option “Receive our Descriptions”/“Register for our Newsletter”; (iii) is permitted to activate the direct procedure for the conclusion of a contract and the resulting issuance of a digital code. 4.3 The possibility of purchasing 4Gifters PickUp Codes through the Website is reserved to Users: Purchasers must hence have registered on the Website beforehand in accordance with the procedures indicated therein, inspecting and accepting the General Conditions. 5. TRUTHFULNESS OF DATA PROVIDED BY THE USER - CANCELLATION OF REGISTRATION 5.1 Users and/or Purchasers are responsible for the truthfulness and accuracy of the data entered, with 4Gifters declining all liability with regard to the same. 5.2 Users and/or Purchasers can update and amend any information submitted by 4Gifters at any time; they may likewise cancel their registration on the Website at any time. In order to adjust or update personal information, Users must access the address www.4Gifters.com, in the profile section. Users may also cancel their registration with the service by contacting 4Gifters or by writing to privacy@4gifters.com 6. INFORMATION ON PRODUCTS AND SERVICES FORMING THE OBJECT OF THE DESCRIPTION 6.1. The pre-contractual information provided by the Partner in the Description shall include the validity deadline for the Digital Code, the name, place and address for collecting the Product or enjoying the Service, the telephone number, the principal characteristics of the Product/Service, the value of the Digital Code coinciding with the price of the Product/Service, information on the terms and conditions for exercising the right of withdrawal and on the legal guarantee of compliance, any other address to which the Purchaser may submit complaints, as well as the other information required by the Consumer Code. 6.2. Before publication of the Description on the Website, 4Gifters verifies: (i) the existence and effective operation of the Partners at the time of publication of the Description; (ii) where the Description has as its object medical-health services, or other activities regulated and/or subject to supervision, the registration with the relevant professional associations and in the lists and registers, the issuance of authorisations or licenses and declarations of initiation of activity, provided by the applicable sector regulations. 6.3. Without prejudice to the above, 4Gifters, as agent with respect to/the Agreement(s) concluded between the Purchaser(s) and Partners does not guarantee the truthfulness and completeness of the information provided by the Partner or, in particular, the compliance of what is indicated in the Descriptions with the Service actually performed or the Product actually delivered to the Purchaser/Beneficiary, as well as the legitimacy of the use, notification and publication on the Website of the images, videos, content, as well as the distinctive marks affixed there by the Partner. 6.4. The images used in the context of the Descriptions have an indicative character and do not always faithfully and directly represent the Product or Service forming the object of the Description. 7. PROCEDURE FOR THE CONCLUSION OF AGREEMENTS AND ISSUANCE OF THE 4GIFTERS PICKUP CODE The procedure for the conclusion of Agreements and the issuance of 4Gifters PickUp Code by the Website is as follows. 7.1 If a Description published on the Website is of interest to a User, he may forward an Order by clicking GIVE and/or GIFT and/or TEAM GIFT and/or GIFTUP, after reading and confirming the acceptance of these General Conditions. 7.2 Each Order constitutes a suitable purchase order, subject to the Order Confirmation by 4Gifters as representative of the Partner, which obliges the Purchaser to pay the due amount, without prejudice, in any case, to the right of withdrawal pursuant to Art. 15 below. The individual Order may notably be rejected in the following cases: 1. If the order cannot be processed due to an error in the information provided by the Purchaser, e.g. where the same party has given an inaccurate number, expiry date or security code for the credit payment card; where the Purchaser has provided billing information differing from that held by the bank or financial institution which issued the payment card or credit card; when the bank or lending institution does not authorise the execution of the transaction; 2. On the Website, an error has occurred with regard to the content of the Description; 3. In the event of suspicion of fraudulent behaviour or aims or illegal activities underlying the Order; 4. In the event of failure by the Purchaser to meet his obligations arising from a previous and/or other contractual relationship with 4Gifters and/or the Partners. Notwithstanding the above, upon receipt of the Order, 4Gifters shall send the Purchaser a notification via e-mail and/or sms of receipt the Order within two hours (2 hours); if the Purchaser does not receive it within two hours (2 hours), he shall be invited, before placing a new order, to contact 4Gifters by telephone or e-mail. 7.3 If the Purchaser considers that the Order has been erroneously rejected, or more generally, in order to obtain information on the policy for acceptance of orders, it may contact 4Gifters at the e-mail address help@mail.4gifters.com or contact the 4Gifters customer service at the numbers on the Website. 7.4 In accordance with Art. 51, paragraph 7 of the Consumer Code, the notification of Order Confirmation shall contain a summary relating to: conditions for use and the validity deadline for the Digital Code, the essential characteristics of the Product and/or the Service forming the object of the Description, a detailed indication of the price and payment procedures, information on any delivery charges applied, conditions and procedures for exercising the right of withdrawal, the address for submitting complaints and information on after-sales assistance services and on existing guarantees. With the aforementioned notification of the Order Confirmation, sent to the Purchaser via e-mail (and/or sms) and accompanied by a link to these General Conditions, the Digital Code shall simultaneously be sent to the Beneficiary via sms and/or e-mail and/or the 4Gifters personal profile. The Beneficiary shall acquire the right, on displaying it, to obtain the Product or the delivery of the Service by the Partner, under the conditions specified therein. 7.5 In the case of activation of the GiftUp option, the purchase procedure and the issuance of the Digital Code will occur pursuant to the procedures described in Art. 8.3 below and the Digital Code shall be notified exclusively to the Beneficiary. 7.6 The Purchaser shall have access to all of the information relating to the Order and the applicable conditions by accessing the order confirmation e-mail. 8. PRICE - GIFTUP 8.1 The price paid against the conclusion of the Agreement and the issuance of the 4Gifters PickUp Code shall include any due taxes and duties. 8.2 The Partners may amend the Description (including the price indicated in it). Any right of amendment with regard to Orders already forwarded by Purchasers shall be excluded. 8.3 In the event that a User, as a potential beneficiary, selects a Description by activating the GiftUp option, where permitted by the same, Purchasers shall be able to make individual payments until they reach the price specified therein. Payments shall be made during period indicated in the Description, which in any event shall not exceed 1 (one) year: if the total amount paid by that date does not reach the price indicated in the Description, 4Gifters shall issue the Digital Code for a value equal to the amount paid on that date, with the consequent right of the Beneficiary to collect one or more different Products or to make use of one or more Services of the same Partner, for a total amount corresponding to the Digital Code issued, as specified in the Digital Code itself. This is in any case without prejudice to the right of each individual purchaser to exercise the right of withdrawal cited in Art. 15 below. In this case, 4Gifters shall cancel the Digital Code issued to Purchasers and shall repay the amounts paid until the issue date of the Code Digital itself. In order to ensure the valid activation of the GiftUp option, each of the Purchasers shall adhere to the relevant conditions indicated in the Description on the Website. 9. PAYMENT OF THE PRICE AND REFUNDS 9.1 The issuance of the Digital Code (and the subsequent conclusion of the Agreement) is subject to verification by 4Gifters of the successful completion of payment of the price by the Purchaser. 9.2 The payment of the price shall take place at the same time as the forwarding of the Order, or adhesion to the GiftUp option, it remaining understood that in the event of rejection of the Order, 4Gifters shall undertake, under the terms set forth in Art. 9.9 below, to pay to the Purchasers the amounts which may already have been paid. 9.3 Within the context of forwarding of the Order, 4Gifters offers several payment options, such as, by way of example, payment by credit card (Visa, Mastercard, American Express), via PayPal and by prepaid card (e.g. Postepay ). 9.4 Where the Purchaser wishes to challenge the validity or amount of a debit, it may contact 4Gifters with a notification via e-mail to help@mail.4gifters.com, as soon as it becomes aware of the same, in order to allow 4Gifters to make appropriate verifications. 9.5 The Purchaser shall be entitled to a reimbursement (through re-crediting pursuant to Art. 9.8 and 9.9) of the fees charged in the following cases: 1 error by 4Gifters regarding the amount charged; 2 rejection of the Order, pursuant to Art. 7.2 above; 3 withdrawal of the Order by the Purchaser, pursuant to Art. 7.5 above; 4 failure to generate the Digital Code; 5 exercise of the right of withdrawal (see next Art. 15); 6 arising impossibility of Partners to ensure the provision of the Service or the delivery of the Product, including for termination, or temporary suspension of commercial activity. 9.6 The Purchaser is also entitled to reimbursement of the amounts charged, in the event of failure to provide the Service attributable to the Service Partner, or in the event of a Service delivered by the Partner in a manner non-compliant with what is indicated in the Description. In such cases, the Purchaser shall file a complaint, by sending an e-mail to the address help@mail.4gifters.com within twenty four (24) months of the occurrence of the fact at the origin of the complaint; 4Gifters shall carry out the necessary checks with the Partner (who is solely responsible for non-compliance of the Products or Services) and shall reply to the Purchaser within 10 (ten) business days. In the event of partial use of the Service shown by the Digital Code, the refund shall be in proportion to the Service enjoyed by the Purchaser/Beneficiary. 9.7 Refunds shall always be made directly on the same card or bank account used for the purchase. 4Gifters shall not make bank transfers or credit the amount of the reimbursement on a different card or on a card in the name of parties other than the Purchaser. 9.8 4Gifters shall notify the Purchaser of the times for repayment and in order to have visibility of the same on the current account associated with the card used for the purchase. We indicate below the timing of the repayment process, starting from the request received by contacting the assistance service, specifying that these must be understood as maximum processing times by 4Gifters: (i) fifteen (15) working days, if verifications of a technical nature must be carried out (e.g. for failure to generate a Digital Code) or with regard to the request of the Purchaser/Beneficiary (contact the Partner for failed or non-compliant provision of the Service, defects or non-compliance of the Product); (ii) 5 (five) working days provided for the administrative management of the case, where the request for reimbursement is accepted, and in all cases in which the verifications cited in the previous point are unnecessary (e.g. exercise of the right of withdrawal pursuant to Art. 15 below); (iii) it shall be necessary to await the specific banking periods for visibility of the reimbursement, as a rule, from 7 to 30 days, depending on the reference bank. Purchases made through the PayPal system should have shorter deadlines than those of banks. In the event of withdrawal pursuant to articles 52 et seq. of the Consumer Code, as regulated by Article 15 below, the refund shall be made in accordance with the terms set forth therein. 4Gifters shall have no power to intervene with regard to the bank times for reimbursement, which depend exclusively on the relevant bank and on PayPal, notwithstanding the fact that in case of exercise by the Purchaser of the right of withdrawal pursuant to Art. 15 below, the observance of the repayment deadlines provided therein shall in any case be guaranteed, in accordance with the Consumer Code. 9.9 If, for the reimbursed Order, the Purchaser has used a gift certificate (see Art. 9.10 below), this shall be reactivated within the Purchaser’s account, which may be reused for future purchases starting from the date of reactivation. For example, if for a purchase of a Digital Code worth € 100, the Purchaser has paid € 80 through a debit to the credit card or Paypal account and has also used a gift voucher worth € 20, the Purchaser will be refunded on the credit card used for the amount of € 80 and the gift voucher worth € 20 will be reactivated within his account. 9.10 4Gifters may propose a reimbursement to the Purchaser whenever he desires, through gift certificates uploaded directly to the 4Gifters account and used for subsequent purchases on the Website. Once loaded into the Purchaser’s account, the gift certificates shall be immediately available and spendable on the Website. Except for the case of purchases made through gift certificates, reimbursement via gift certificates shall always be at the discretion of the Purchaser, who shall in any case be entitled to claim a refund through a cash reimbursement pursuant to Art. 9.8. The reimbursement shall always be made in cash, without the possibility for 4Gifters to offer the option of reimbursement through gift certificates, in the event of exercise of the right of withdrawal of the Purchaser pursuant to Art. 15 below. If 4Gifters proposes repayment in gift certificates and the Purchaser has chosen to be reimbursed in these, he shall have the right to uploading of one or more gift certificates for a value equal to that of the Digital Code forming the object of the reimbursement. The uploading of the gift certificate(s) to the account of the Purchaser/Beneficiary shall take place within 24 hours of the acceptance of the redemption request by 4Gifters. The gift certificates, of different sizes, spendable on the Website for future purchases, shall have a limited validity of 12 (twelve) months; this validity shall be notified to the Purchaser when he is offered the various repayment options. The gift certificates may be used for higher value purchases. 10. COLLECTION AUTHORISATION 4Gifters is authorised by the Partners to collect of the amounts paid by the Purchaser for the purchase of the Digital Code and the issuance of the same. The Purchaser, in transmitting the Order to 4Gifters and in notifying the numbers of his credit card to 4Gifters, implicitly recognises the above and authorises 4Gifters to transfer the collected amounts to the Partner. 11. DISCLAIMER OF LIABILITY 11.1 Navigation and registration on the Website, the use of services offered by the same, participation in the Website community and the receipt of the newsletter shall be free of charge for the User. Also in consideration of this fact, 4Gifters shall in no way be liable in the event of delays, malfunctions or interruptions in the use of the Website by the User, except in cases of malice or gross negligence. 11.2 4Gifters declines all liability for damage, costs or losses caused to the User by the failure or malfunction of electronic equipment, software, telephones or other devices, of the User or of third parties, including Internet Service Providers, or due to viruses or other technical disruptions caused by the User or by third parties. 11.3 4Gifters shall be free to modify the Website, the individual sections and the contents of the same at any time, without any obligation or liability with regard to Users, Purchasers or third parties. 12. OBLIGATIONS OF THE USER/PURCHASER. LIMITS ON ACCESS 12.1 Registration for the Website and the purchase of a Digital Code are reserved to persons who have reached adulthood and are legally capable. 12.2 As already specified in these General Conditions, 4Gifters reserves the right to suspend or interrupt the Website services, to cancel the User’s registration on the Website or to prevent them from accessing the Website, if: (i) the User infringes the conditions and terms of use of the Website described in these General Conditions; (ii) the User uses the services and functions of the Website for illegal purposes and/or for introducing illegal content into the network, which is contrary to law, public order or morality and the protection of minors, thereby infringing the intellectual property rights of third parties or otherwise in such a way that might otherwise damage the image and reputation of 4Gifters, without prejudice to any action, including for compensation of losses, to protect its own rights and image. (iii) The User takes part in an auction for charity purposes and despite the award to him, refuses to pay the amount bid at the end of the auction. 4Gifters shall have the right to block the profile used on a definitive basis for failure to pay for the charity auction. 13. SPECIFIC CONTRACTUAL TERMS AND CONDITIONS OF THE PARTNER The specific terms and conditions applied by the Partner to the Agreement shall be specified in the Description (possibly via a link to the Partner’s Website), shall be mentioned in the Order Confirmation and shall form an integral part of the Agreement. Notwithstanding the above, 4Gifters shall decline any liability for the content of third party websites which might be invoked in the context of the Descriptions. 14. EFFECTIVENESS OF THE GENERAL CONDITIONS 4Gifters reserves the right to modify the General Conditions, in particular in order to adapt them to legislative or regulatory changes, as well as to changes in the functionalities of the website or other services provided. Relations between 4Gifters and Users are governed by the version/edition of the General Conditions published on the Website at the time of registration, with the exception of the procedure for conclusion of the Agreements covered by the General Conditions, in effect at the time of activation of this procedure. 15. RIGHT OF WITHDRAWAL 15.1 The Purchaser shall have the right of withdrawal from the Agreement without penalty and without stating reasons, by notifying 4Gifters and the Partner within 14 (fourteen) days, as established by Articles. 52 et seq. of the Consumer Code. 15.2 The aforementioned deadline for the exercise of the withdrawal shall begin from the date on which the Purchaser/Beneficiary receives the Digital Code. 15.3 The withdrawal shall be exercised in writing, by forwarding to 4Gifters, via e-mail (address help@mail.4gifters.com), or regular post (address Piazza Cavour 7, 20121 Milan, Italy), (i) the attached form, duly completed and signed (ii) a notification highlighting its intention to exercise the right of withdrawal pursuant to art. 52 of the Consumer Code. 15.4 The withdrawal may not be exercised after the enjoyment/use of Service with the Partner, and/or after the withdrawal/delivery of the Product with the consequent express acceptance by the Purchaser of the loss of the right of withdrawal. 15.5 The exercise of the withdrawal in accordance with the provisions of this article shall entitle the Purchaser to the right of reimbursement of all sums paid in connection with the concluded Agreement. The reimbursement, free of charge for the Purchaser, shall be made by 4Gifters on behalf of the Partner under the previous Art. 9.8, within 14 (fourteen) days of the date on which 4Gifters became aware of the withdrawal by the Purchaser . 16. PERFORMANCE OF SERVICES. COLLECTION AND/OR DELIVERY OF PRODUCTS. VALIDITY DEADLINES OF THE 4GIFTERS PICKUP CODE 16.1 4Gifters guarantees that the partner will accept the Digital Code under the conditions in this document. As also stated in Art. 1.4, the Products and Services will be provided by the Partner, which shall therefore be liable to the Purchaser (as well as to any Beneficiary and user of the Product or Service) for the compliance, the accuracy, the security and in general, the content and quality of the Product or Service. 16.2 The rights of the Purchaser/Beneficiary in the event of lack of compliance pursuant to Art. 130 of the Consumer Code, i.e. the right to repair or replacement, or to a reduction in price or termination of the Agreement under the terms established by the said article, shall be exercised against the Partner, to which the Purchaser shall in any event apply directly, regardless of any other provision or commitment assumed by 4Gifters under these General Conditions. 16.3 The validity deadline of the Digital Code, of not less than six (6) months from the issuance, is specified in the description and shown on the Digital Code itself. The observance of the validity deadline of the Digital Code is a condition for the collection of the Product and/or for the use of Service: once this deadline has elapsed, the Digital Code may no longer be used for the Partner’s Products and/or Services and shall no longer be refundable. If the Purchaser or Beneficiary uses the Services or Products for an amount less than that indicated by the Digital Code, the balance and used during the validity period shall no longer be usable or refundable. 16.4 In the event of failure to submit the Digital Code to the Partner, for collection and/or delivery of the Product, or for the use of the Service, within the relevant validity deadline, the Purchaser or the Beneficiary shall not be entitled to a refund of the amount paid. 16.5 The Descriptions and issued 4Gifters PickUp Codes stipulate, as a normal delivery conditions for the Products or use of the Services, that the Purchaser/Beneficiary shall go to the Partner/Outlet indicated in the Digital Code. Notwithstanding this, where specific Descriptions relating to Products provide for shipment to the address indicated by the Purchaser, a carrier selected by 4Gifters (“Carrier”) shall collect the Product from the premises of the Partner in the name and on behalf of the Purchaser. The Partner shall be responsible and liable for preparing the package, enclosing the relevant tax receipt. The Carrier shall deliver the Product to the address indicated by the Purchaser within [30] days of purchasing the voucher (unless where events of force majeure or unforeseen circumstances arise), and in any case by and no later than 30 days after the date of conclusion of the Agreement. In the event of failure to deliver within the aforementioned 30 day deadline, the Purchaser shall grant, via a notification to be sent to the e-mail address help@mail.4gifters.com, a further 5 day deadline for delivery of the Product in question, provided that, in the event of failure to observe this further deadline, the Customer may terminate the Agreement and claim compensation for any losses incurred, except where the Purchaser has informed 4Gifters before the conclusion of the Agreement regarding the essential character of the delivery by a given date. In this latter case, the Purchaser shall be entitled to terminate the Agreement immediately after the failure to meet the initial deadlines indicated above. 16.6 Unless otherwise indicated, the Digital Code shall not justify the use of Services on a certain date, at a specific time, so that it is recommended that the Purchaser/Beneficiary contact the Partner in order to agree the time of provision of the Service. With regard to 4Gifters PickUp Codes having as object the collection and/or delivery of Products, once seven (7) working days have elapsed since the issuance of the 4Gifters PickUp Code and its notification to the Purchaser/Beneficiary without the collection of the Product or request for shipment, where provided, having taken place, the Partner shall be entitled to propose its own similar and equivalent products of equal value to the Beneficiary or Purchaser, as an alternative to the Product forming the object of the Order, or, at the choice of the Beneficiary or Purchaser, a product for an amount of equal or higher than the price of the Product, valid for a further period of 6 months, to be spent on the purchase of another Product with the same Partner. The above shall only apply if clearly indicated in the Description prepared by Partner and accepted by the Purchaser, as reproduced in the Digital Code. It is in any case made subject to the Purchaser’s right to terminate the Agreement. This right may be exercised within 10 days of the Partner’s notification of the aforementioned alternatives, according to the procedures described in Art. 15 (with the exception of the terms contained therein) to be applied also to the procedures for reimbursing the price paid. 16.7 The Service or Product shall be requested through the presentation of the Digital Code, printed or displayed on an electronic medium, at the Partner/Outlet. The Digital Code presents unique identifier numbers/codes that the Partner/Exercise shall verify through its Website access functions. 16.8 The Digital Code, unless otherwise indicated in the Description (and thus in the Digital Code itself), shall be transferable albeit exclusively free of charge. Marketing or other profit-making activity with the 4Gifters PickUp Codes as its object is prohibited. 16.9 The reproduction, editing, manipulation or falsification of 4Gifters PickUp Codes are prohibited, as are their sales and marketing. In the event of a strong suspicion of illegal reproduction or other prohibited activities, 4Gifters reserves the right to inform the Partner, as well as to cancel the User’s registration from the Website, preventing his access. 4Gifters shall not be liable for the theft or loss of 4Gifters PickUp Codes. 17. INTELLECTUAL PROPERTY 17.1 4Gifters and partners are the exclusive owners of all intellectual property rights to the Website, including, by way of example, copyright for software, graphics, display, images and content of the Website and the Partner Shops, as well as of the brands and other distinctive signs appearing on it. 17.2 The use and reproduction, even in part, included on other websites, of the content and design of the Internet Website, as well as of distinctive signs published on the same, are prohibited. 17.3 Any infringement shall be prosecuted by 4Gifters and the Partners pursuant to the law. 18. APPLICABLE LAW AND JURISDICTION 18.1 The General Conditions, as well as the registration on the Website, the 4Gifters PickUp Codes and Offers are regulated in every aspect by Italian law. 18.2 Any dispute concerning the interpretation, execution and termination of these General Conditions, shall be referred exclusively to the courts of the place of habitual residence or domicile of choice of the User or Purchaser or Beneficiary. Where the User, Purchaser or Beneficiary is a person other than the Consumer, as defined in the Consumer Code, it shall be referred exclusively to the Court of Milan. 19. ITEMS SUBJECT TO SPECIFIC APPROVAL AND PURSUANT TO THE EFFECTS OF ART. 1341 SECOND PARAGRAPH, OF THE CIVIL CODE 19.1 The User/Purchaser, by accepting these General Conditions, declares that he has read and approved them and specifically approves the following articles 6.3 (Information on Products and Services forming the object of the Description), 11 (Disclaimer of Liability), 12 (Obligations of the User/Purchaser. Limits to access), 14 (Effectiveness of the General Conditions), 16 (Provision of Services. Collection and/or delivery of the Products. Deadlines and validity of 4Gifters PickUp Codes), 18 (Governing Law and Jurisdiction).
Milan, 19/07/2017