Terms and Conditions of Sale
Terms and Conditions
Last Updated:
Users who use the services offered on the website (hereinafter referred to as "site" or "Platform" or similar terms) declare that they are aware of and accept these general contract terms along with the Privacy Policy, which is an integral part of it. We recommend Users to carefully read the entire document.
Owners of the Platform and the associated services listed below perform functions and have obligations towards the User as set out below:
Owner of the products sold:
Cantina Komjanc Alessio - Località Giasbana, 35 - 34070 San Floriano del Collio (Gorizia) - VAT ID 01050990314
Function and Obligations: The above-mentioned manufacturer is the company that owns the products sold on the platform and the brands present on them.
Owner of the platform and provider of the sales, shipping, customer support service:
Gp Hub Srl, via per Piavon, 20/A 31046 Oderzo (TV) - VAT ID IT04723360261
Function and Obligations: Gp Hub Srl is the company responsible for selling on its own behalf and on behalf of the manufacturer, as well as for handling the shipping and delivery of the product and performing customer support activities.
Information about the Platform Owner
Introduction
This document
This document constitutes a legal agreement between you, as a User, and the manufacturer and governs purchases on the Platform.
Definitions
"Legal agreement" means that the terms of this agreement, once accepted by the User, are binding on the User. "User," "you," "your," and similar terms, both singular and plural, refer to you, the User. "The manufacturer" refers to the company that owns the products sold on the platform and the brands present on them. "We," "our," and similar terms refer to Gp Hub Srl, the company that owns the Platform. "Contract" refers to this document, as amended from time to time. The Contract is concluded in the Italian language. "Order Confirmation and Shipping" refers to the email that Gp Hub Srl sends at the conclusion of the sales contract, indicating the shipment details of all or part of the purchased products. "Order Receipt" refers to the email that Gp Hub Srl sends upon order receipt. "Service" is the service offered by the manufacturer as described in these Terms. "Terms and Conditions (or Terms)" are these general service terms, which constitute a legally binding agreement between the User and the manufacturer.
Changes to these Terms
The manufacturer and Gp Hub Srl reserve the right to make changes to the Terms at any time, by giving notice to the User through their publication on the Platform. For this reason, users are encouraged to consult the most up-to-date version of the Terms and Conditions before making any purchase. The applicable Terms and Conditions are those in force at the date of the order. The User who continues to use the Platform after the publication of the changes accepts the new Terms without reservation.
Acceptance of the Contract
To use the Platform, you must carefully read and accept the Contract by clicking on the specific acceptance button. If you do not accept the Contract, you will not be able to use the Service.
Registration, Platform Content, and Prohibited Use
Registration
To use the Service or part of it, Users must register by providing, truthfully and completely, all the required information in the registration form and fully accepting the privacy policy and these general terms and conditions. The User is responsible for keeping and maintaining their access credentials confidential. Registration credentials must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no one else has access to them, as well as to promptly inform Gp Hub Srl in case of suspected misuse and/or disclosure. It is understood that in no case can the manufacturer and Gp Hub Srl be held responsible in case of loss, dissemination, theft, or unauthorized use by third parties, for any reason, of User access credentials.
User Account Deactivation and Closure
Registered Users can deactivate their accounts, request account closure, or stop using the Service at any time through their User Reserved Area or by directly contacting Gp Hub Srl. The manufacturer and Gp Hub Srl reserve the right, in case of violation of these Terms, to suspend or close the User's account at any time and without notice. The manufacturer and Gp Hub Srl reserve the right to suspend or delete the User's account at any time and without notice if they believe:
- The User has violated the Contract; and/or
- Access or use of the Service may cause damage to the manufacturer and/or Gp Hub Srl, other Users, or third parties; and/or
- The User's use of the Platform may result in a violation of applicable law or regulations; and/or
- In case of investigations resulting from legal actions or involvement of public authorities; and/or
- The account is deemed by the manufacturer and/or Gp Hub Srl, in their sole discretion and for any reason, to be inappropriate or offensive or in violation of the Contract or not in line with the standards of the manufacturer and Gp Hub Srl.
Available Contents
The contents available on the Platform are protected by copyright law and other international laws and treaties for the protection of intellectual property rights. Unless otherwise specified, their use is allowed to Users only within the limits specified in this clause. Gp Hub Srl grants the User, for the entire duration of the Contract, a personal, non-transferable, non-exclusive license, for personal and non-commercial purposes, limited to the User's device for the use of such contents. Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (unless within the limits described below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties, or creating derivative works in any way from the contents, even third-party content, available on the Platform, nor allowing third parties to do so through the User or their device, even without their knowledge. Where expressly indicated on the Platform, the User, for personal use only, may be authorized to download and/or copy and/or share some contents made available on the Platform, provided that they faithfully reproduce all copyright notices and other information provided by the manufacturer.
Contents provided by Gp Hub Srl or Third Parties
Gp Hub Srl does not carry out any prior moderation on the contents or links provided by third parties shown on the Platform. Gp Hub Srl is not responsible for such contents and their accessibility.
Contents provided by the User
Users are responsible for their own and third-party contents they share on the Platform, by uploading, inserting contents, or by any other means. Users release Gp Hub Srl from any liability in relation to the unlawful dissemination of third-party contents or the use of the Platform in a manner contrary to the law. Gp Hub Srl does not carry out any type of moderation of the contents published by the User or third parties but undertakes to intervene in response to reports from Users or orders issued by public authorities regarding contents deemed offensive or illegal. In particular, Gp Hub Srl and/or the manufacturer may suspend or interrupt the display of contents in case of:
- complaints from other Users;
- receipt of a report of intellectual property rights violation;
- it deems it necessary in anticipation of, or in response to, legal actions;
- such action is requested by public authorities; or
- it believes that such content, remaining accessible through the platform, could endanger Users, third parties, the availability of the Service, and/or Gp Hub Srl and/or the manufacturer itself.
Rights on Contents Provided by Users
The only rights granted to Gp Hub Srl and/or the manufacturer in relation to the contents provided by Users are those necessary for the operation and maintenance of the Platform.
Services provided by Third Parties
Users can use services or content included in the Platform provided by third parties, but must first read and accept the terms and conditions of such third parties. Under no circumstances can Gp Hub Srl be held responsible for the proper operation or availability, or both, of services provided by third parties.
Unauthorized Use
The Service must be used as specified in the Terms. Users may not:
- perform reverse engineering, decompile, disassemble, modify, or create derivative works based on the Platform or any portion thereof;
- bypass the computer systems used by Gp Hub Srl or its licensors to protect the content accessible through it;
- copy, store, modify, change, prepare derivative works, or alter in any way any of the content provided by the manufacturer and/or Gp Hub Srl;
- use any robot, spider, site search and/or retrieval application, or any other automatic device, process, or means to access, retrieve, scrape, or index any portion of the Platform or its contents;
- rent, lease, or sublicense the Platform;
- defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
- disseminate or publish illegal, obscene, illegitimate, defamatory, or inappropriate content;
- unlawfully appropriate another User's account;
- register or use the Service to approach Users to promote, sell, or advertise products or services of any kind through the Platform;
- use the Platform in any other improper manner that violates the Terms.
Sales Conditions
Purchase
Purchase Procedure
Each order submitted constitutes an offer to purchase the products. Gp Hub Srl reserves the right, at its sole discretion, to accept or reject the Order, subject to verification of the availability of the product subject to the proposal, under the conditions specified therein. The User must select the products and complete the check-out, after carefully verifying the information contained in the order summary. The order is placed by confirming it and is subject to the payment of the price, taxes, and shipping and payment fees indicated in the Order Summary form. The contract is concluded at the time of sending the Order Confirmation and Shipping by Gp Hub Srl to the email address provided by the User. Gp Hub Srl reserves the right not to confirm an order, notifying the User within 5 working days from the insertion of the order, at the email address associated with their purchase, of the possible unavailability of one or more of the purchased products. In this case, Gp Hub Srl will refund the price and any shipping costs incurred by the User.
Customer Support Service
The customer service will be available from Monday to Friday from 9:00 am to 6:00 pm and will respond to customer requests through the toll-free number 800 684850 and will use a ticketing system through the LiveChat application for the proper management of requests. The customer service has a maximum term of 72 working hours for processing requests. Any requests received during holidays will be processed on the first working day.
Payment Methods
Gp Hub Srl uses third-party tools for payment processing and does not come into direct contact with payment data, such as credit card information, provided by the User. Any fees associated with payments that are not accepted will be charged to the User. All Prices are inclusive of VAT and expressed in Euros. The total Price resulting at the end of the Order includes shipping costs, where applicable. In order to ensure the security of payments made, Gp Hub Srl uses PayPal and Stripe as secure payment gateways (SSL), through which Users can interface with major payment networks, including Amex, Mastercard, Visa, and PostePay. The terms of use for the PayPal service are available at the following link. The terms of use for the Stripe service are available at the following link. The accepted payment methods are listed in detail on the Payments page.
Pre-authorization for Future PayPal Payments
In case of payment via PayPal account, during the purchase, Gp Hub Srl will store a recognition code associated with the customer's PayPal account, authorizing Gp Hub Srl for exclusive use related to future purchases. It is possible to revoke this authorization at any time by contacting Gp Hub Srl directly.
Ownership Reservation
Until the complete payment of the price of the ordered products, the products remain the property of the manufacturer.
Product Availability
The prices, descriptions, or availability of displayed products are subject to change without notice by the manufacturer, with the caveat that the price charged to the user will be the one published on the product information page at the time of order submission. The inserted photos are indicative and may not constitute an exact representation of the products. Gp Hub Srl, on the manufacturer's instructions, will provide product characteristics in as much detail as possible on the Platform within each product information page viewed by the User. However, the images and colors of the products offered for sale on the Platform may differ from the actual products due to multiple factors, including, for example and not limited to, the User's terminal screen, photographic filters, etc. Therefore, the User acknowledges and accepts that such minor differences do not constitute defects in product conformity. In case of unavailability of the ordered Product, subject to the rights granted to the User by law, in particular by Chapter XIV of Title II of Book IV of the Civil Code, the User will be promptly informed by email or phone. The User will be entitled to terminate the contract, pursuant to and for the purposes of Article 61, IV and V paragraph, of the Consumer Code. In cases where the User exercises the right of termination under Article 61, IV and V paragraph, of the Consumer Code, or in any case where the payment of the Total Amount Due has already been made, Gp Hub Srl will refund the amount without undue delay and, in any case, within a maximum of 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the User for the purchase, or a different means agreed between the User and Gp Hub Srl. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used.
Order Execution
The Order is executed within the terms specified on the summary page and in the Order Confirmation and Shipping email, subject to the availability of the ordered product. Gp Hub Srl cannot be held responsible for damages suffered by the User due to delivery delays that are not foreseeable by the parties at the time of sending the Order Confirmation and Shipping.
Shipping
Shipping costs vary depending on the size, weight, destination of the chosen items, and marketing promotions. Free shipping is also available for orders above a certain spending threshold, depending on the destination. Deliveries will be made by BRT, SDA, GLS, UPS, Ceccarelli, PMG, etc., and by UPS Express Courier and SMM in Europe and around the world, with variable delivery times depending on the destinations. It should be noted that delivery times are only indicative and are calculated from the day of shipment. Gp Hub Srl does not assume responsibility for delivery and customs clearance delays but undertakes to minimize any inconvenience.
Order Tracking
After placing an order, you will receive an email containing all the details of your purchase. If you require further information, please don't hesitate to get in touch with us. The shipment is processed on the next working day after the order date. As soon as the package is handed over to the courier, its electronic tracking begins, and the estimated delivery day is calculated. You can monitor the delivery progress by accessing the courier's tracking page through the link we will send you.
Customs and Duties
Customs duties are calculated based on the regulations of the country where the goods are in transit. Usually, customs duties are always charged to the shipment's recipient before delivery. In the customs clearance process, Gp Hub Srl and the courier do not intervene directly. This type of management is always carried out by the Customs of the country through which the goods are passing.
Customs clearance expenses and any other additional charges are the responsibility of the User.
If you have shipped within the EU, no customs tax will be applied to your shipment.
Delivery
Deliveries are made during regular business hours at the address provided by the User and according to the details specified in the order summary.
It is the User's responsibility to check the condition of the Product delivered to them. Notwithstanding that the risk of loss or damage to the Products, for reasons not attributable to Gp Hub Srl, is transferred to the User when the User, or a third party designated by the User and other than the carrier, physically takes possession of the Product. We recommend that the User check the number of Products received and ensure that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. In the User's interest, we invite you to note any anomalies on the carrier's transport document, accepting the package with a reservation. In fact, the unconditional acceptance of the Products does not allow the User to take legal action against the carrier in case of loss or damage to the Products, except in cases where the loss or damage is due to the carrier's willful misconduct or gross negligence. An exception is made for partial loss or damage that is not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and not more than eight days after receipt. In case the packaging shows obvious signs of tampering or alteration, we also recommend that the User promptly inform Gp Hub Srl's Customer Service. In any case, the rules on the right of withdrawal and legal warranty of conformity apply.
If the carrier fails to pick up the shipment within the timeframe established by the carrier, the products will be returned to Gp Hub Srl, which will refund the price of the products, including shipping costs. Gp Hub Srl cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the completion of the User's purchase order, for any damage that may occur to the Products after delivery to the carrier, or for delays in delivery that are attributable to the User.
Right of Withdrawal
In the case of purchasing products or services on the Platform, the User has the right to withdraw from the contract without specifying the reasons, within 14 days. The withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods.
To exercise the right of withdrawal, the User is required to inform Gp Hub Srl and/or the manufacturer of the decision to withdraw through a clear statement sent to the contact details provided and before the end of the withdrawal period. To exercise the right of withdrawal, the User must send an email to the address:info@customersupport.it with a clear statement of their decision to withdraw from the contract (Withdrawal Statement). Since the burden of proof regarding the exercise of the right of withdrawal before the end of the Withdrawal Period rests with the User, it is in the User's interest to keep a copy of the email sent to Gp Hub Srl and/or the manufacturer with the Withdrawal Statement.
For this purpose, the User can use the withdrawal form model below:
Example of Withdrawal Form
Addressed to: _____________________________________
With this, I/we notify the withdrawal from my/our sales contract for the following goods/services:
_____________________________________ (insert here a description of the goods/services from which you intend to withdraw)
Ordered on: __________ (insert the date)
Received on: __________ (insert the date)
Name of the consumer(s): _____________________________________
Address of the consumer(s): _____________________________________
Date: __________
(sign only if this form is notified in paper version)
The User is free to express their choice to withdraw from the contract in any other equivalent form.
Effects of Withdrawal
If the User withdraws from this contract, all payments made to Gp Hub Srl will be reimbursed, including delivery costs (except for any additional costs resulting from the choice of a different type of delivery with requested additional services), without undue delay and in any case no later than 14 days from the day Gp Hub Srl is informed of the User's decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction unless the User has expressly agreed otherwise; in any case, the User will not incur any fees as a result of such reimbursement. The refund may be suspended until the goods are received.
The User is requested to return the goods and deliver them to the manufacturer without undue delay and, in any case, within 14 days from the day they communicated their withdrawal from this contract. The deadline is met if the User returns the goods before the 14-day period expires. The cost of returning the goods will be borne by the User, unless otherwise agreed.
Limitations on the Right of Withdrawal
Returned products that are damaged or used in a way that goes beyond what is strictly necessary to establish their nature, characteristics, and functioning will be refunded after deducting the decrease in value resulting from damage or use. The right of withdrawal, according to Article 59 of the Consumer Code, is excluded in any case in relation to:
- products made to measure or clearly customized;
- the supply of goods that may deteriorate or expire rapidly;
- the supply of sealed goods that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery.
Applicability of Withdrawal Clauses
The clauses concerning the exercise of the right of withdrawal, as well as their consequences and exceptions, apply exclusively to Users who qualify as consumers, that is, to Users who act for purposes unrelated to their business or professional activity.
Compensation and Limitation of Liability
Indemnity
The User undertakes to hold harmless Gp Hub Srl and the manufacturer (as well as any companies controlled or affiliated with them, their representatives, administrators, agents, licensees, partners, and employees) from any obligations or liabilities, including any legal expenses incurred to defend themselves in court, arising from damages caused to other Users or third parties in relation to content uploaded online, violations of the law, or violations of the terms of these terms of service.
Limitations of Liability
Gp Hub Srl and/or the manufacturer and all the functionalities accessible through the Platform are provided to Users under the terms and conditions of the Contract, without any warranty, express or implied, other than as required by law. In particular, no warranty of fitness for a particular purpose is provided for the services offered. The use of the Platform and the functionalities accessible through the Platform is at the Users' own risk and under their own responsibility. In particular, Gp Hub Srl and/or the manufacturer, within the limits of applicable law, are liable to Users and third parties for contractual and non-contractual damages only in cases of willful misconduct or gross negligence, which are a direct consequence of Gp Hub Srl's and/or the manufacturer's activities. Therefore, Gp Hub Srl and/or the manufacturer shall not be liable for:
- any losses that are not a direct consequence of the breach of the Contract by Gp Hub Srl and/or the manufacturer;
- any loss of business opportunities and any other loss, even indirect, suffered by the User (such as, by way of example and not limited to, loss of business, loss of revenue, income, profits, or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of the Platform due to force majeure events or, in any case, unforeseen and unforeseeable events, and, in any case, beyond the control of Gp Hub Srl and/or the manufacturer, such as, by way of example and not limited to, faults or interruptions to telephone or electrical lines, internet network, or in any case other transmission tools, unavailability of websites, strikes, natural events, viruses and cyberattacks, interruptions in the provision of products, services, or third-party applications; and
- incorrect or inadequate use of the Platform by Users or third parties.
Common Provisions
Service Interruption
To ensure the best possible use of the Service, Gp Hub Srl reserves the right to interrupt the Service for maintenance or system updates.
Resale of Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform and its Services without prior written permission from the manufacturer, provided directly or through a specific resale program.
Privacy Policy
The data provided by the User necessary for the execution of the contract are processed in accordance with the provisions of EU Regulation 679/2016 and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018. For information on the use of personal data, Users should refer to the privacy policy.
Intellectual Property Rights
All trademarks, figurative or nominative, and all other signs, trade names, service marks, denominative marks, trade names, illustrations, images, logos related to the manufacturer are and remain the exclusive property of the manufacturer or its licensees and are protected by current trademark laws and related international treaties. All trademarks and all other signs, trade names, service marks, denominative marks, trade names, illustrations, images, logos related to third parties and the contents published by these third parties on the platform are and remain the exclusive property or available to these third parties and their licensees and are protected by current trademark laws and related international treaties. Gp Hub Srl does not own the rights to these intellectual property rights and can only use them within the limits and in accordance with contracts concluded with these third parties and for the purposes set out therein.
Age Requirements
Users declare that they are of legal age according to their applicable law. In no case can minors under 13 years of age use the platform.
Conditions for Receiving Deliveries
The User making the purchase through the platform also declares and guarantees that the recipient of the purchased products is of legal age according to the applicable law.
Assignment of Contract
The manufacturer reserves the right to transfer, assign, novate, or subcontract all or some of the rights or obligations arising from the Terms, provided that the User's rights set forth herein are not prejudiced, without prejudice to the User's right to freely terminate the Contract. The User will be promptly notified of any assignment. The User may not assign or transfer their rights or obligations under the Terms in any way without the written authorization of the manufacturer.
Communications
All communications regarding the manufacturer must be sent using the contact information indicated in the Contract.
Applicable Law and Jurisdiction
These Terms and all disputes regarding the execution, interpretation, and validity of this contract are subject to the law, the jurisdiction of the Italian State, and the exclusive jurisdiction of the court of Treviso. In cases where the law provides for it, the exclusive jurisdiction will be the one of the consumer's residence.
Resolution of Disputes
Gp Hub Srl and/or the manufacturer is available to respond to any questions sent via email to the address published in this document.