Terms and Conditions

Introduction

The offer and sale of products on the Gelq.it e-commerce website (hereinafter, the “Website”), available at www.gelq.it, are governed by these Terms and Conditions regulating the relationship between Gelq S.r.l. (hereinafter, the “Company”) and the Customer, as defined below. These Terms and Conditions govern the sale of the Products, as defined below, concluded between the Company and business Customers acting as professional operators, expressly excluding sales to consumers and the application of the relevant consumer protection legislation as defined by Legislative Decree No. 206/2005. The Customer may request any information directly through the Website's Customer Service section or by sending a written request via email to privacy@gelq.it. The Company shall not be liable for the actions of Customers or any other persons who have obtained information through channels other than the Website. For completeness, these Terms and Conditions must be read together with the Website Privacy Policy concerning the processing of Customer personal data.

Company Information

Company name: Gelq S.r.l.
Registered office: Via Giuseppe Revere 16, Milan, 20123, Italy
Company Registration Number: 2524153
Tax Code / VAT Number: IT10344380968
Contact details for communications/authorizations/information: info@gelq.it

Offices and Warehouse: Via Galileo Galilei 7 - 20016 Pero (Milan), Italy

1. Definitions

The following terms and expressions shall have the meanings set out below and shall apply both to Section 2 (General Terms of Use for Users) and Section 3 (General Terms and Conditions of Sale). Terms defined in the singular shall also include the plural and vice versa:

• "Restricted Area" or "My Gelateria": the section of the Website reserved exclusively for the Customer, through which, after authentication, the Customer may access specific features provided by Gelq, including, by way of example, tracking orders, viewing previous orders, managing the account, and viewing linked social media profiles;
• "Cart": the web page that reproduces the concept of a supermarket shopping cart, where the items the User intends to purchase are collected and displayed;
• "Customer": any legal entity, acting through its authorized representative, that purchases Products on the Website after registration and login and accepts these Terms and Conditions;
• "General Terms of Use for Users": the document governing the relationship with Users of the Website who do not make purchases;
• "Terms and Conditions of Sale for Customers": the document governing the relationship between Customers purchasing Products on the Website and Gelq;
• "Contract": the legally binding agreement established between the Parties upon the purchase of Products through the Website and governed by these Terms and Conditions of Sale;
• "Payment Methods": all payment methods available to the Customer for paying Orders and related Products supplied by Gelq. These include credit cards, debit cards, PayPal, Alipay, instant bank transfer, and any other payment methods implemented by Gelq;
• "Order": the agreement between the Customer and the Company relating to the purchase of specific Products as contained in the Cart;
• "Web Page": a digital document through which information available on the Internet is displayed to the User via a web browser;
• "Parties": jointly, the Company and the Customer;
• "Product": any goods available for sale on the Website;
• "Website": the Gelq web pages available at the URL www.gelq.it through which Products may be purchased;
• "Company": Gelq S.r.l. References to "we", "our", or "us" shall be construed as references to the Company;
• "User": any person browsing the Website without registering and therefore without placing Orders or making purchases.

SECTION 2

General Terms of Use for Users

Users are required to read these General Terms of Use for Users, as the Terms and Conditions of Sale do not apply to them. These General Terms of Use, together with the Privacy Policy, are valid and binding upon all Users.

2.1 Services offered by Gelq and data processing

Gelq.it is a Website that allows any User to browse a specialized platform containing news, advice, and recipes relating to the world of Italian artisan gelato. Users who do not register will not be able to access the personal area of the Website or make purchases. Users may leave comments and reviews on recipes, articles, and advice published on the Website, as well as view comments submitted by other Users, assuming full responsibility for the content they publish. However, they may not review Products, as registration is required. In order to submit comments and ratings, Users must provide certain personal data to the Company in accordance with the Privacy Policy. In any event, the Company reserves the right to restrict User access and/or remove comments, reviews, or ratings in the event of suspicious activity, defamatory content, content contrary to public decency, or any content deemed inappropriate at the Company's sole and absolute discretion.

2.2 Content

The Company accepts no responsibility for the accuracy, completeness, or timeliness of data, content, and information owned by the Company, submitted by third parties, or otherwise contained on the Website or on linked websites. The Company disclaims all liability for errors or omissions arising from the use of data and information available on the Website. Users are responsible for verifying the accuracy of the information published on the Website before making any decision based upon it.

2.3 Intellectual and Industrial Property Rights

The Website and all materials contained therein are protected by copyright laws and other intellectual and industrial property rights. The content published or available on the Website, including but not limited to trademarks, logos, music, images, videos, photographs, documents, and software, is the exclusive property of the Company or is used within the limits permitted by law or under authorization or license from the relevant rights holder. The Company reserves all rights thereto. Users may use such content only to the extent necessary for the proper use of the Website and may not freely use, copy, modify, or reproduce it in any manner whatsoever.

2.4 Hyperlinks

The Website may contain hyperlinks directing Users to third-party web pages. Users acknowledge and agree that the Company has no control over the content of such pages and, acting solely as an intermediary, accepts no responsibility for the content and/or materials published therein, external resources, or products or services offered by such third parties.

2.5 Governing Law and Jurisdiction

These Terms and Conditions of Use are governed by Italian law. Any disputes arising out of or relating to these Terms and Conditions of Use and/or the Privacy Policy, insofar as they concern Users, shall be subject to the exclusive jurisdiction of the competent court of the User's habitual place of residence.

2.6 Amendments

The Company reserves the right, at its sole discretion, to amend this document and to notify Users of such amendments through the Website.

2.7 Confidentiality

Users acknowledge and accept that communications and transmissions made through the Website are not confidential in nature.

SECTION 3

Terms and Conditions of Sale for Customers

3.1 Subject of the Contract

Gelq.it is an e-commerce Website dedicated to the sale of products for artisan gelato, pastry, and coffee shops. It is intended for professional operators acting in the course of their business, including legal entities with a VAT number and sole traders acting for purposes related to their professional activity, as well as private individuals (consumers). These Terms and Conditions of Sale govern the contractual relationship between the Customer and Gelq.

These Terms and Conditions of Sale may be accepted by both non-consumer Customers acting in the course of business and by private individuals acting as consumers. The information provided during registration must be truthful and accurate. The Company may request that the Customer provide, via email, identification documents or documentation proving the authority to represent the Customer.

3.2 Customer

These Terms and Conditions of Sale may be accepted by both non-consumer Customers acting in the course of their business, commercial, craft, or professional activities, and by private Customers (consumers).

The information provided during registration must be truthful and accurate. The Company may request that the Customer provide, via email, identification documents or documentation proving the authority to represent the Customer.

3.3 Purchase Procedure and Conclusion of the Contract

In order to purchase the Products offered for sale on Gelq.it, registration on the Website is required. The information, descriptions, and prices of the Products published on the Website do not constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code and are therefore not binding upon the Company.

Once registration has been completed, the Customer may place an Order by selecting the desired Products, specifying the quantity, and adding them to the Cart. During the checkout process, the Customer will be presented with an order summary including the price of the Products, any shipping costs, and any other applicable charges. Any promotions, free shipping thresholds, or special conditions shall be those displayed on the Website at the time the Order is placed.

Shipping methods and costs are governed by the dedicated "Shipping & Delivery" section. To complete the Order, the Customer must provide billing and delivery information, accept these Terms and Conditions of Sale, and select one of the available payment methods. The Order will then be transmitted to the Company for processing. The sales contract shall be deemed concluded only when the Company has received confirmation that payment for the Order has been successfully received. From that moment, the contract shall be binding on both Parties. Any agreements, additions, exceptions, or amendments to the contract shall be valid only if made in writing and expressly accepted by the Company via email or certified email (PEC).

Each Order shall be governed by the Terms and Conditions of Sale published on the Website at the time the Order is placed. The Company reserves the right to amend these Terms and Conditions of Sale at any time. Any amendments shall be published on the Website and shall apply exclusively to Orders placed after their publication. Any amendments relating to contracts already concluded shall be valid only if agreed in writing and signed by both Parties.

The Customer is advised to save or print a copy of these Terms and Conditions of Sale on a durable medium before placing an Order.

3.4 Prices, VAT, and Shipping Costs

The prices of the Products published on Gelq.it and the applicable shipping costs may be updated at any time.

The prices displayed on the Website are valid until completion of the purchase process. All prices displayed on Gelq.it are exclusive of VAT.

Except in limited cases, food products sold on Gelq.it are subject to a 10% VAT rate, while shipping costs and non-food products are subject to the standard 22% VAT rate.

VAT is calculated automatically during checkout, both on the Products and on any applicable shipping costs, in the following cases:

1. Customers registered in Italy, whether companies or professionals with an Italian VAT number or private individuals (consumers).

2. Private Customers (consumers) registered in a European Union Member State.

VAT is not applied to Products or shipping costs in the following cases:

3. Customers with a valid VAT number issued by a European Union Member State, provided that the VAT number is registered in the VIES (VAT Information Exchange System). The validity of a VAT number may be verified through the European Commission VIES Portal. In such cases, invoices shall be issued exempt from Italian VAT pursuant to Article 41 of Italian Decree Law No. 331/1993, with the reverse charge mechanism applying in the destination country.

4. Customers established in non-EU countries. In such cases, invoices shall be issued:

• for the Products, exempt from Italian VAT pursuant to Article 8 of Italian Presidential Decree No. 633/1972;
• for international shipping and transport services, exempt from Italian VAT pursuant to Article 9 of Italian Presidential Decree No. 633/1972.

If a Product is offered at a discounted price, the discount percentage and reference price displayed on the Website refer to the price normally applied by Gelq.it.

Shipping costs are displayed separately during the purchase process and are included in the total amount shown at the end of checkout, unless otherwise provided in Section 3.3.

Any taxes, customs duties, import charges, or other fees imposed under the laws of the destination country shall be borne exclusively by the Customer, who shall be responsible for paying them directly to the competent authorities or to the carrier responsible for delivery.

3.5 Payment Methods

The Customer may choose from the payment methods made available by the Company, including:

• International credit cards: Visa, Mastercard, American Express, JCB, UnionPay
• International debit cards: V Pay and Maestro
• Digital payment wallets: Apple Pay, Google Pay, Bancomat Pay
• Bank transfer
• Cash on Delivery (Italy only)

The Company reserves the right to modify or introduce additional payment methods. In any event, the payment methods available to the Customer shall be those displayed on the Website at the time the Order is submitted.

Payment by Credit Card, Debit Card, and Digital Wallets

The Company uses the digital payment services provided by Nexi Payments S.p.A.. When payment is made by credit card, debit card, or digital wallet, the Customer will be redirected to the website of Nexi Payments S.p.A.

For payments made by credit card, debit card, or digital wallet, the Customer's account will be charged once the payment details have been verified and the payment authorization has been received from the relevant payment provider. Payments are processed directly through a secure server protected by SSL encryption, ensuring the highest level of transaction security.

Recurring Payments with Stored Credit Card – Nexi OneClick

The Company's Website offers the Nexi Recurring and OneClickPay services within the card payment section, allowing Customers to securely store their payment card details for future purchases.

By activating this service, the Customer's card details are stored directly on the secure servers of the Nexi XPay Payment Gateway and are subsequently made available in encrypted form during future card payment transactions on the Website.

The Company does not have access to the Customer's payment card details and does not store them in any way.

The OneClickPay Terms and Conditions are available on the website of Nexi Payments S.p.A..

Bank Transfer

In the event of payment by bank transfer, the Company shall proceed with shipment only after receiving proof of payment, consisting of a copy of the bank transfer confirmation. Such confirmation must be sent by email to info@gelq.it, indicating in the subject line the Order number together with the Customer's identification details.

Cash on Delivery (Italy Only)

For Orders with a value between €100.00 and €2,000.00 (VAT excluded), payment may be made in cash directly to the courier upon delivery. The invoice amount must be paid in cash to the courier delivering the Products. Customers are required to prepare the exact amount, as the courier is not obliged to carry change. Payment by bank cheque or cashier's cheque is not accepted. This payment method is subject to a service fee of €7.90 plus VAT, which will be displayed in the Cart during checkout.

3.6 Delivery Times and Methods

The Company shall ship the Order, either through third-party couriers or its own delivery services, to the address provided by the Customer during checkout, using the shipping method selected by the Customer and in compliance with applicable food safety and product traceability regulations, providing all required documentation.

Delivery times depend on the shipping method selected by the Customer. Where the Products are delivered by a third-party courier, the risks associated with transportation shall be allocated between the Customer and the courier in accordance with applicable law.

Delivery shall take place within the timeframe specified in the Order or, where no delivery date has been specified, in any event no later than 60 (sixty) days from the conclusion of the Contract.

The above delivery times are provided for guidance only and shall under no circumstances be considered essential terms of the Contract.

The Customer is advised to accept delivery subject to inspection ("signed with reservation") in order to preserve the right to report any damage caused during transportation.

Any damage to the packaging or external condition of the Products must be immediately reported by the Customer by noting an appropriate reservation on the courier's proof of delivery before signing. Failing this, and in particular where the delivery document is signed without reservation, the Customer shall no longer be entitled to raise claims regarding the external condition of the delivered Products.

3.7 Product Availability

The Products offered for sale are displayed in dedicated sections of the Website and may be modified or updated by the Company at irregular intervals. The Company shall not be held liable for the temporary or permanent unavailability of any Product. If an Order has already been processed and a Product becomes temporarily unavailable, the Company undertakes to offer the Customer, by email, an alternative Product of equivalent value at no additional cost. The Customer may refuse such proposal, in which case the Company shall promptly deduct the value of the unavailable Product from the Order total or, where applicable, refund the amount paid for the unavailable Product.

3.8 Intellectual Property Rights

All content available on the Website is the property of the Company or its third-party licensors and is protected by international, Italian, and United States copyright, trademark, patent, and other intellectual property laws, as well as by applicable international treaties and conventions. The Company does not claim ownership of intellectual property rights belonging to third parties.

No Customer may sell, modify, reproduce, publicly display, distribute, or otherwise use the Website or any of its contents for commercial or public purposes. The reproduction, whether in print or electronic form, of any document, graphic, or other material, in whole or in part, for any purpose other than personal use is expressly prohibited without the prior written consent of the Company.

3.9 Trademarks

The Company may use its own branded packaging for the delivery of Products purchased through the Website. The Customer is granted no right to use any trademarks owned by the Company or used under license by the Company. Accordingly, the Customer shall not use or apply to register any trademark or distinctive sign that is identical or confusingly similar to the Company's trademarks for identical or similar goods or services.

In particular, the Customer shall not:

• file, or cause to be filed, in any country, trademark applications identical or similar to the Company's trademarks;
• use a sign identical or similar to the Company's trademarks as a company name, business name, trade name, or commercial sign;
• register any domain name identical or confusingly similar to the Company's trademarks or containing the Company's trademarks.

The Customer further undertakes to promptly inform the Company of any infringement of the Company's trademark rights of which it becomes aware and agrees to fully cooperate with the Company in any action the Company considers necessary or appropriate to protect its trademarks.

3.10 Website Availability, Cyber Attacks, and External Links

The Company cannot guarantee that all Customers will have continuous and uninterrupted access to the Website. Cyber attacks, browser incompatibilities, Internet connection failures, geographical location, power outages, network interruptions, and numerous other circumstances beyond the Company's control may prevent access to the Website.

The Company shall use reasonable efforts to fulfil its obligations and shall not be held liable for any interruption or unavailability resulting from circumstances beyond its reasonable control.

The Website may contain links to third-party websites and may redirect registered Users to external websites either within the same browser window or in a new window. Such websites are not under the control of the Company, and the inclusion of any link does not imply endorsement, approval, or any affiliation between the Company and the operators of those websites.

The Company makes no representations or warranties regarding the content, accuracy, terms of use, privacy policies, products, services, legality, reliability, viewpoints, currency, decency, or any other aspect of such third-party websites and expressly disclaims any liability in relation thereto. Customers are encouraged to review the privacy policies and terms of use of any third-party websites they visit and to exercise appropriate caution when browsing them.

3.11 Warranty

The Company warrants that the Products supplied shall conform to the specifications set out in the relevant Order and, in the case of food products, that they comply with the applicable food safety and traceability legislation.

The only warranty provided by the Company is the statutory warranty required under applicable law.

For non-food Products, the warranty period is 12 months from the invoice date. Any defect must be reported to the Company within 8 (eight) days of its discovery and, in any event, no later than 12 months after delivery.

The Company undertakes to remedy only defects attributable to the Products themselves and shall not be liable for defects resulting from transportation, improper handling, misuse, or incorrect use of the Products by the Customer.

The Company reserves the right to inspect, or have inspected, any Products alleged by the Customer to be defective or non-conforming. Where a defect is confirmed, the Company shall, at its sole discretion, repair or replace the Product at no additional cost to the Customer.

No warranty shall apply where the defect was readily identifiable upon delivery. The foregoing provisions do not apply to perishable food products.

3.12 Right of Withdrawal

The statutory right of withdrawal does not apply to professional Customers, legal entities, or individuals acting for purposes related to their business, trade, craft, or profession, since the Contract concerns, among other things, the purchase of perishable food products and the Customer is acting in a professional capacity rather than as a consumer.

However, an Order may be cancelled before it has been confirmed by the Company, namely before the Contract is concluded through the Company's receipt of payment.

Consumers (natural persons) are entitled, pursuant to Italian Legislative Decree No. 206/2005 (Consumer Code), to withdraw from distance purchase contracts for any reason within 14 calendar days from receipt of the Products.

To exercise the right of withdrawal, the consumer must notify the Company within the above period of the intention to withdraw from the Contract.

Return shipping costs shall be borne by the Customer, unless otherwise required by mandatory law.

The right of withdrawal shall lapse if the returned Product is not intact, including, without limitation, in the following cases:

• the original packaging is missing;
• essential components of the Product are missing;
• the original fiscal documents are not returned where required;
• the Product has been damaged for reasons other than transportation.

For returns relating to Orders shipped to EU or non-EU countries, the Company reserves the right to deduct an administrative refund processing fee of €10.00 from the amount refunded to the Customer.

3.13 Limitation of Liability

Except as expressly provided in Section 3.11, the Company shall not be liable, whether in contract, tort, or otherwise, for any loss or damage arising out of or in connection with the sale, distribution, delivery, or use of the Products, including, without limitation, loss of profits, direct, indirect, incidental, or consequential damages.

The Company shall not be liable for delays, non-delivery, or Website unavailability resulting from circumstances beyond its reasonable control, including, without limitation, force majeure events, strikes, industrial actions, wars, civil unrest, terrorist attacks, or similar events.

Nothing in these Terms and Conditions shall exclude or limit the Company's liability for fraud, wilful misconduct, or gross negligence where such limitation is prohibited by applicable law.

3.14 Governing Law and Jurisdiction

These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy.

Any dispute arising out of or relating to these Terms and Conditions of Sale or to the Contract concluded with the Company shall be subject to the exclusive jurisdiction of the Court of Milan, Italy.