Preconditions. Scope of general conditions
- This website www.4Gift.com ("Website" or "Site") operates as an online trading platform specialized in e-gifting and is created and managed by 4Gifters Italia S.r.l. ("4Gift"), a company incorporated under Italian law, with registered office in Milan, Piazza Cavour, 7, registered in the Milan Companies Register under no. 08438240965, C.F.08438240965 and VAT no. 08438240965, share capital of € 10,000, fully paid up.
4Gift provides, inter alia, through the Site the following service:
- offers the Buyer, or multiple Buyers through the Team Gift feature, the possibility to select the product (the “Product”) or the service (the “Service”) desired to purchase for oneself or for the Beneficiary directly on the online Catalogue of the Partner's site, and to pay for the Product or Service.
- It is understood that 4Gift is not a contracting party of the sale of the Product or the Service, and, in general, of the contemplated transaction: the sale of the Product or the Service will be completed between the Partner and the Buyer and 4Gift will act as an agent of payee, the Buyer, or more Buyers, will pay the Product or Service using the payment methods offered by 4Gift, in accordance with on the General Conditions, as defined below, that are published both on the Partner's website and in the Site.
- Upon completion of the sale between the Partner and the Buyer and payment of the price by the Buyer, 4Gift will send the Confirmation via e-mail and / or via text message to the email address indicated by the Buyer, on the checkout page, together with E-gift (the "E-gift").
- These general conditions ("General Conditions") govern the 4Gift service. The Descriptions published by the Partners on the Site refer to the Products or Services that will be provided by the relevant Partners, which have the exclusive responsibility to supply the Product or provide the Service to the same Purchaser or to the Beneficiary designated. 4Gift establishs a contractual relationship with the Buyer / Beneficiary exclusively as an agent of payee in accordance with the General Conditions.
- Consumers will benefit from the protections recognized to them by the applicable legislation, in particular by Legislative Decree no. 206/2005 ("Consumer Code"), as well as by Legislative Decree n. 70/2003 ("Code of Electronic Commerce"), and subsequent amendments and additions.
- The Buyer and / or the Beneficiary, where applicable, have the possibility to save, store, download, print and store, in paper or electronic format, these General Conditions, and any other attachment or document relating to the Contract, or during the process of the conclusion of the same Order, with the support of the functions of its Internet browser, both through the functions of its own e-mail program, upon receipt of the Order Confirmation (as defined below), which summarizes the Description, with attached the General Conditions and, if applicable, the E-gifts.
The terms indicated with a capital letter, unless otherwise defined in these General Conditions, have the following meaning:
- Buyer is the User or Users who purchases a Product or a Service from the Partner's Site for himself/themselves or for a beneficiary/iesa; it is being understood that the Buyer must be at least 18 (eighteen) years old, and must have successfully registered to the platform, accepting the General Conditions. Beneficiary is the subject, designated by the Buyer, in whose favor the gift notif
- Beneficiary is the subject, designated by the Buyer, in whose favor the gift notification is sent, the Product is delivered, or the Service is performed and can be the same user of Buyer
- Business Day means a calendar day other than Saturday, Sunday and any other day on which credit institutions are authorized to close in the city of Milano (Italy).
- Confirmation is the confirmation, sent by 4Gifters, of acceptance of the Order received.
- Consumer is the Buyer who is a natural person who acts for purposes unrelated to business, commercial, craft or professional activity, possibly carried out.
- Contract is the contract between the Partner and the Buyer concerning the sale and purchase of Products or Services.
- Description is the invitation, directed to Users, to propose the conclusion of the Contract published on the Partner’s website.
- Gift Administrator is the one who organizes and creates the TeamGift, inviting one or more participants to contribute to the chosen gift.
- Order is a purchase order formulated by the Buyer, using the procedure described in Article 7, with consequent notification to the beneficiary of the product or service to be received.
- Partner is the operator that inserts the Descriptions on its website and that concludes the Contracts with the Buyers.
- TeamGift is the group gift created by the administrator. The Team Gift propose a method of purchasing Products or Services in favor of a Beneficiary, through an equal number of different payments made by different Buyers
- User is the subject, who has successfully completed the registration to 4Gift, accepting the General Conditions of the 4Gift service.
In these General Conditions, unless otherwise provided or required by the context of the phrase, the following rules apply:
- any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders;
- all references or citations in these General Conditions to statutes or regulations or statutory or regulatory provisions, shall be considered citations to such statutes, regulations or provisions as in effect at the relevant time;
- f in this General Conditions reference is made to a period of time by referring to a number of days, such days shall be counted excluding the first and including the last day unless the latter falls on a day which is not a Business Day, in which case the last day shall be the first Business Day thereafter;
- the word “including”, "inter alia" or any variation means “including, without limitation” and must not be construed to limit any general statement to the specific or similar items or matters immediately following it.
- The terms indicated with a capital letter, unless otherwise defined in these General Conditions, have the following meaning:
Without prejudice to the foregoing (and as specified below) regarding the ownership of the Contracts, as well as the exclusive responsibility of the Partners with reference to the Products and / or Services indicated in the Description, 4Gifters is available to Users, through its assistance service, for any clarification or information regarding the content of these General Conditions, the 4Gift Service and the rules applicable to them, as well as for any complaints concerning the services described in these General Conditions related to 4Gift.
The 4Gifters assistance service is active on the following telephone number:
Number for Italy and the rest of the world: (+39) 342 8460609
Available from Monday to Friday (09.30 am - 6.30 pm CET)
And at the following addresses:
- E-mail: email@example.com
4Gifters Italia S.r.l.
Piazza Cavour, 7
20121 Milan (MI)
- Number for Italy and the rest of the world: (+39) 342 8460609
- In any case, if the User decides not to use the telephone or e-mail service, all rights and faculties recognized by the Consumer Code remain unaffected, where applicable and, more generally, by the applicable legislation.
- Without prejudice to the foregoing (and as specified below) regarding the ownership of the Contracts, as well as the exclusive responsibility of the Partners with reference to the Products and / or Services indicated in the Description, 4Gifters is available to Users, through its assistance service, for any clarification or information regarding the content of these General Conditions, the 4Gift Service and the rules applicable to them, as well as for any complaints concerning the services described in these General Conditions related to 4Gift.
Registration and registration on the website
Registration to the Site takes place, by accessing in the "Register" section, by successfully completing the registration form, and provided that the User reads and accepts the the General Conditions of 4Gift.
By registering the User:
- Can decide whether to receive the periodic marketing communications, if him/she/it has selected the appropriate "Receive marketing communications "option";
- is authorized to use the 4Gift Service.
- Registration to the Site takes place, by accessing in the "Register" section, by successfully completing the registration form, and provided that the User reads and accepts the the General Conditions of 4Gift.
- The possibility of using the 4Gift Service through the Partner's website is reserved only to Users: the Buyers must therefore have previously registered with 4Gift according to the methods indicated therein, taking note and accepting the General Conditions.
- Users and / or Buyers are responsible for the truthfulness and accuracy of the data entered and given to 4Gift, while 4Gift will not assume any responsibility in this regard.
- Users and/or Buyers may update and amend the information communicated to 4Gift at any time; they can also, at any time, cancel their 4Gift registration. To proceed with the unsubscription or amendment of the personal information entered, the Users must unsubscribe from the service by contacting 4Gifters or writing to firstname.lastname@example.org.
- The information provided by the Partner in the Description includes the name of the Product or the Service, the main features of the Product / Service, the value of the gift that coincides with the price of the Product / Service.
- The Partner shall provide of the necessary information about, inter alia, the Products or the Services, as per the legal guarantee of conformity and all information concerning terms and conditions for exercising the right of withdrawal or for sending compliants concerning to the Products or the Service.
Before the publication of the Description on the Partner's website, verify:
- the existence and actual operation of the Partner at the time of publication of the Description;
- where the Description relates to medical and health services, or other regulated and / or supervised activities, registration with the relevant professional registers, lists and registers, the issue of authorizations or licenses, declarations of commencement of activity, provided for by the regulations applicable industry standards.
- Without prejudice to the foregoing, 4Gift, as agent of payee does not guarantee and is not responsible in relation to the truthfulness and completeness of the information provided by the Partner on its website or, in particular, the compliance of what is indicated in the Descriptions with the Service actually delivered or the Product actually delivered to the Buyer / Beneficiary, as well as the legitimacy of the use, communication and publication on the website of the image Partner, videos, contents, as well as the distinctive signs placed there by the Partner.
Each Order after receiving the Order Confirmation by 4Gift as Partner's intermediary and agent of payee, bind the Buyer to the payment of the relevant amount. It is understood that the single Order may be refused by 4Gift, inter alia, in particular in the following cases:
- if the Order cannot be processed due to an error in the information provided by the Buyer, for example where the Purchaser has provided an incorrect number, expiration date , security code of the credit/debit card; where the Buyer has provided invoicing data other than those in the possession of the bank or credit institution that issued the payment or credit card; when the bank or credit institution does not authorize the execution of the transaction;
- an error has occurred on the Partner's website in relation to the content of the Description;
- in the event that there is suspicion of fraudulent behavior or purposes or illegal activities underlying the Order;
- in the event of failure by the Purchaser to fulfill its obligations deriving from a previous and / or different contractual relationship with 4Gift and/or the Partners.
- Without prejudice to the above, upon receipt of the Order, 4Gift will send to the Buyer, within two hours (2h), a communication via e-mail and/or sms of receipt of the Order; if the Buyer does not receive it within two hours (2h) he is invited, before sending a new Order, to contact 4Gifters by phone or email indicated in these General Conditions.
- If the Purchaser deems that the Order has been wrongly refused, or, more generally, in order to obtain information, he/she/it could contact 4Gift at the e-mail address email@example.com or by contacting the service 4Gift customers to the numbers on the site.
- In accordance with art. 51, paragraph 7 of the Consumer Code, the Order Confirmation communication will contain a summary relating to: the conditions of use of the Product or Service provided by the Partners, essential characteristics of the Product and/or Service covered by the Description, detailed indication of the price and payment methods, information on any delivery charges applied, conditions and methods of exercising the right of withdrawal, address to which complaints can be submitted and information on after-sales assistance. With the aforementioned Order Confirmation communication, sent to the Buyer by e-mail (and/or text message) and accompanied by a link to these General Conditions, it is simultaneously sent to the Beneficiary, via SMS and/or e-mail and/or on 4Gift personal profile, the gift. The Beneficiary acquires the right, upon display of the same, to obtain the Product or the provision of the Service by the Partner, at the conditions specified therein.
- The Buyer will have access to all information relating to the Order and the applicable conditions by accessing the order confirmation email.
- The price paid for the conclusion of the Contract and the issuance of the E-gift is inclusive of any taxes and duties that may be imposed on it.
- In the event that a User, as a potential Buyer selects a Product or a Service and activates the TeamGift option, Buyers may divide the total amount of the gift in equal part and pay each part separately until the full price of the Product/Service therein is reached. Payments must be made within the term indicated in the Description, in any case not exceeding 30 (thirty) days: if the total amount paid by at the date does not reach the price indicated in the Description, 4Gift will refund all participants who paid their part of the price. The right of the individual purchaser to exercise the right of cancellation within and no later than the date of finalization of the gift ( claimed order from Beneficiary) in which the gift notification is sent, referred to in Article 15, remains in any case unaffected. In this case, in fact, 4Gift will cancel the issued E-gift and refund Buyers for the total amounts paid up to the date of issue of the E-gift itself.
- The payment of the price must take place simultaneously with the forwarding of the Order, the issuance of the E-gift (and the consequent conclusion of the Contract) is subject to the verification by 4Gift of the effective payment of the price by the Buyer.
- The payment of the Product/Service occurs when a buyer successfully completes the payment using one of the payment options offered by 4Gift, It being understood that, in case of non-acceptance of the Order, 4Gift will, according to the terms set forth in the following Art. 9.9, reimburse the Buyers with the full amount of their transaction.
- For the avoidance of any doubt, it is understood that, when creating an E-gift, 4Gift will apply, in accordance with the relevant tax authorities, an estimated maximum fixed tax rate, which will be charged to the Buyer in equal amount in case of Team Gift. This Maximum tax rate is considered as the maximum sales tax amount for the relevant territory. When the Beneficiary selects the Product or Service to be redeemed on Partner’s website, and the shipping address is passed on to 4Gift, 4Gift will leverage a tax management system that will calculate the applicable sales tax for the state selected by the Beneficiary. In case the calculated tax rate is lower than the maximum tax rate collected when transaction created by the Buyer(s), the Buyer(s) will be refunded for an additional tax amount that was charged to them.
- Buyers is entitled to cancel the order and 4Gift will refund the Buyers of the full amounts of transactions within the Beneficiary as not sent to 4Gift the information concerning the shipping address for the delivery of the Products and/or Services in the appropriated section of the Site.
- In case of dispute, Users/Buyers may contact 4Gift by sending an email to firstname.lastname@example.org, including the necessary details of the transaction and the 4Gift customer service will investigate further the issue and respond within 48 hours.
The Buyer is entitled to a refund (by crediting in accordance with Articles 9.8 and 9.9) of the amounts debited in the following cases:
- withdrawal of the Order by the 4Gifters error in relation to the amount charged;
- refusal of the Order, in accordance with the previous Art. 7.2;
- Buyer, pursuant to Article 7.5 above;
- failure to generate the E-gift;
- exercise of the right of withdrawal (see the following Article 15);
- unexpected occurrence of the Partner to guarantee the provision of the Service or to deliver the Product, including for cessation, or temporary suspension, of the commercial activity.
- The Purchaser is also entitled to be refunded of the amounts charged, in the event of failure of the Service attributable to the Partner, or in case of a Service provided by the Partner not in accordance with the relevant Description. In such cases, the Buyer could submit a complaint by sending an e-mail to the address email@example.com within three (3) months from the failure of the Service; 4Gift will check in depth with the Partner (the only person responsible for the non-conformity of the Products or Services) and will reply to the Buyer within 15 working days.
- Refunds are always made directly on the same card or current account used for the purchase. 4Gif does not make bank transfers or credit the amount of the reimbursement on a different card.
4Gift will inform the Purchaser of the successful refund transaction which will be visible/available on the payment method initially used by the Buyer and associated with the account used for the purchase of the Product or Service. The 4Gift’s assistance service, after receiving of complaint email, will process it and the following procedure will apply:
- 15 (fifteen) working days where audits must be carried out, of a technical nature (for example, due to failure to generate the E-gift) or in relation to the request of the Buyer / Beneficiary (contact the Partner for the failure or non-compliance of the Service, defects or non-conformity of the Product);
- 5 (Five) working days projected if the request for refund is accepted, and in all cases in which the verifications referred to in the previous point are not necessary (for example, exercise of the withdrawal pursuant to Art. 15);
- it will be necessary to wait for the specific bank time to have visibility of the crediting, normally from 7 to 30 days, depending on the conditions of the reference bank. For purchases made through the payment provider circuit, the timing is shorter than that of the credit institutions. In case of withdrawal pursuant to articles 52 et seq. Consumer Code, as regulated in Article 15 below, the reimbursement must be made in accordance with the terms set forth therein. 4Gift has no power to intervene in relation to the banking time limits for crediting which depend exclusively on the bank concerned and by payment provider, without prejudice to the fact that, in the case of exercise by the Buyer of the right of withdrawal pursuant to the following Art. 15, it will be anyway guaranteed compliance with the repayment terms provided for therein, in compliance with the Consumer Code.
- 4Gift is authorized by the buyer to collect the amounts paid for the purchase of the Product or the Service as agent of payee. The Buyer acknowledges the above and authorizes 4Gift to transfer the collected amounts to the Partner, with the Order done to 4Gift and communicating the numbers of its credit card to 4Gift.
- 4Gift is authorized by the Partner to collect the amounts paid by the Buyer for the purchase of the Product or the Service and the issue thereof.
- The navigation and registration and the use of to the 4Gift service, and the receipt of the newsletter are free for the User. 4Gifters will in no case be liable in the event of delays, faults or interruptions in the use of the 4Gift service by the User, except for fraud or gross negligence.
- It is excluded any liability of 4Gift for damages, costs or losses caused to the User by the failed or defective operation of electronic equipment, software, telephone equipment or other devices of the User or third parties, including Internet Service Providers or for other types of technical viruses or disruptions caused by the User or by third parties.
- 4Gifters is free to modify the 4Gift services, the individual sections and the content of the same at any time, without any obligation or liability towards Users, Buyers or third parties.
- Registration to the 4Gift service and the purchase of a Product is allowed only for users who are at least 18 years old and are in any case provided with the capacity to act.
As already specified in these General Conditions, 4Gift reserves the right to suspend or interrupt services relating to the 4Gift service, to cancel the User from registering for the 4Gift service, or to inhibit them from accessing the Site, if, inter alia:
- the User uses the services and features of the 4Gift service for illicit purposes and/or for the introduction into the network of illegal content, contrary to law, public order or morality, the protection of minors, in violation of the rights of intellectual property of third parties or in any case in ways that could otherwise cause damage to the image and reputation of 4Gift, without prejudice to any action, including compensation for damage, to protect one's own reasons and image;
- The specific contractual conditions applied by the Partner to the Contract will be specified on the Partner's website, are an integral part of the Contract. Except for the foregoing, 4Gift assumes no responsibility for the content of Partner’s website, which may be referred to in the context of the Descriptions, or for the activities to be carried out by the Partners.
- 4Gift reserves the right to modify the General Conditions, in particular for the purpose of their adaptation to legislative or regulatory changes, as well as to changes in the 4Gift service or different services provided. The relationships between 4Gifters and the Users are governed by the version / edition of the general conditions published on the Site at the time of registration, with the exception of the procedure for the conclusion of the Contracts to which the General Conditions in force at the time of the activation of this procedure apply.
- The Purchaser has the right to withdraw from the Contract in accordance with the terms and conditions of the relevant Partners to which from time to time reference is made. If the Partners accept the returns of the Product and authorized 4Gift to refund the Buyers, 4Gift will refund the Buyers in accordance the procedure in the article 9.
- The application of the withdrawal in accordance with the terms and conditions of the relevant Partners gives the Beneficiary the right to reimbursement of all sums paid in relation to the concluded Contract. The reimbursement, free of charge for the Buyer, is made by 4Gift on behalf of the Partner pursuant to the preceding Article 9 and within 14 (fourteen) days from the date on which 4Gift became aware of the withdrawal from the Buyer or is authorized to proceed with the refunding by the Partner.
- As specified also in the previous Article 1.4, the Products and Services will be provided by the Partner, who is therefore liable to the Buyer (as well as to the possible Beneficiary and who will use the Product or Service) for compliance, accuracy, security and, in general, for the content and quality of the Product or Service.
- In the event of lack of conformity pursuant to art. 130 of the Consumer Code, the Buyer / Beneficiary has, inter alia, the right to repair or replace, or to reduce the price or terminate the Contract within the terms established by the terms and conditions of the relevant Partners and in accordance with the aforementioned provisions: these rights must be exercised exclusively with the Partner and the Buyer must, in any case, contact the Partner directly, except as otherwise provided in these General Conditions.
- The validity term of the E-gift, not less than one (1) month from the date of issue, is specified in the Description and reported on the E-gift itself. Compliance with the validity term of the E-gift is an essential condition for the withdrawal of the Product and / or for the use of the Service: once the period reported on the E-gift has expired, the E-gift can no longer be used to obtain the Products and / or Services from the Partner.
- Only in the event that the Beneficiary proves that he has not been informed of his gift and has not yet received the Product or Service through other services of the Partner then the Beneficiary will be reimbursed for the amount of the E-gift.
- In case of failure to present the E-gift to the Partner, for the collection and / or delivery of the Product, or for the use of the Service, within the term of validity of the same, the Buyer or the Beneficiary will not have the right to return than paid.
- If the Product chosen by the Buyers for the Beneficiary, is no longer available at the time of redemption by the Beneficiary, 4Gift will refund the full amount paid to the Buyers. If the Product chosen by the Buyers for the Beneficiary is not confirmed from the Beneficiary, the 4Gift service shall be entitled to offer to the Beneficiary alternative Products through the “Gift exchange” procedure. Such Procedure present to the beneficiary of equal or less value product, Should the beneficiary to select a new e-gift, the 4Gift will provide to pay the difference amount between the initial value of e-gift and the new e-gift chosen. In any case, The Buyer’s right to cancel is maintained.
- The E-gift, unless otherwise indicated in the Description (and therefore in the E-gift itself), is not transferable only the buyer and the beneficiary can use it. Marketing or other lucrative activities concerning the 4Gifters E-gifts is prohibited.
- The reproduction, editing, manipulation or forgery of 4Gift E-gifts are prohibited, as is their sale and marketing. In the event of a founded suspicion of illegal reproduction or other unauthorized activity, 4Gift reserves the right to inform the Partner, as well as to cancel the User's registration from the Website, inhibiting access, reserving, where necessary, the right to take action to protect their rights. 4Gift is not responsible for the theft or loss of 4Gifters E-gifts.
- 4Gift and Partners are exclusive holders of all intellectual property rights on the respective sites, such as, by way of example, the copyright on software, graphics, display, images and content of the respective sites and partner shops, as well as of trademarks and other distinctive signs published in it.
- The use, the reproduction, even partial, included in other internet sites, of the contents and the site graphics, as well as of the distinctive signs published therein are prohibited.
- Any infringement will be prosecuted by 4Gift and/or the Partners according to the applicable law.
- The General Conditions, as well as the registration on the Site, the 4Gift service are regulated, in all their aspects, by Italian law (the “Law”).
- For any dispute concerning the interpretation, execution and termination of these General Conditions, the court of the place of habitual residence or of the elected domicile of the User or Purchaser or Beneficiary shall be exclusively competent. Where the User, Purchaser or Beneficiary is a subject other than the Consumer as defined in the Consumer Code, the Court of Milan will have exclusive jurisdiction.
- Articles subject to specific approval pursuant to and for the purposes of art. 1341 second paragraph, c.c.
The User / Purchaser, by accepting these General Conditions, declares to have read and approved them and to specifically approve the following articles 6.3 (Information on Products and on the Services object of the Description), 11 (Disclaimer), 12 (Obligations of the User / Purchaser. Access limits), 14 (Effectiveness of the General Conditions), 16 (Provision of benefits. Collection and / or delivery of products. Terms of validity of 4Gift E-gift), 18 (Applicable law and competent court).