Italiano
Effective Date: September 3, 2018
Last Updated: 2024 October 29
1. Scope and Conclusion of the Contract
1.A These General Terms and Conditions of Sale govern the offer and sale through the Website www.360italymarket.com of the products specifically indicated on the Site as "sold and shipped" by GB s.r.l.s. – Via Pilozzo 17 – 00078 Monte Porzio Catone (Rm) – VAT No. 15941111005.
1.B The sale of Products through the Site www.360italymarket.com constitutes a remote contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree of September 6, 2005, No. 206 ("Consumer Code") and Legislative Decree of April 9, 2003, No. 70, containing regulations on electronic commerce.
1.C These Terms and Conditions of Sale apply to all sales of Products made by GB s.r.l.s. through the Site and do not apply to the sale of products and/or services on the Site by Third-Party Sellers. They may be modified at any time. Any changes will take effect from the time of their publication on the Site www.360italymarket.com in the "General Terms and Conditions of Sale" section located in the footer of each page of the Site. Users are therefore encouraged to regularly access the Site and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.D The applicable Terms and Conditions of Sale are those in effect on the date the purchase order for a Product is transmitted.
1.E Before proceeding with the purchase of Products through the Website www.360italymarket.com, the user must carefully read these General Terms and Conditions of Sale, which GB s.r.l.s. makes available in the "General Terms and Conditions of Sale" section of the Site. Users are permitted to store and reproduce these terms, as well as review all other information that GB s.r.l.s. provides on the Site, both before and during the purchase process.
1.F These General Terms and Conditions of Sale do not govern the sale of products by parties other than GB s.r.l.s. that may be present on the Site through links, banners, or other hyperlinks. Before engaging in commercial transactions with such parties, users must verify their terms of sale. GB s.r.l.s. is not responsible for the provision of services and/or the sale of products by these parties. GB s.r.l.s. does not control or monitor the content of these websites and is therefore not responsible for their content, or for any errors, omissions, or violations of the law by these sites.
2. Purchases on the Site
2.A Product purchases through the Site www.360italymarket.com can only be made after registering on the Site, as detailed in Article 3 below. Purchases are permitted for both consumers and non-consumers. Individuals may only purchase if they are at least 18 years old.
2.B Pursuant to Article 3, Paragraph I, letter a) of the Consumer Code, a consumer is defined as a natural person acting for purposes unrelated to any business, trade, craft, or professional activity that may be carried out.
2.C In cases where orders, from any source, appear abnormal in terms of the quantity of products purchased or the frequency of purchases, GB s.r.l.s. reserves the right to take all necessary actions to stop irregularities, including the suspension of access to the Site, cancellation of registration on the Site, or non-acceptance or cancellation of irregular orders.
2.D GB s.r.l.s. also reserves the right to refuse or cancel orders placed (i) by a user with whom it is involved in a legal dispute; (ii) by a user who has previously violated these Terms and Conditions of Sale and/or the terms and conditions of purchase contracts with GB s.r.l.s.; (iii) by a user who has been involved in any type of fraud, particularly payment fraud involving credit cards; (iv) by users who have provided false, incomplete, or otherwise incorrect identification data, or who have not promptly provided documents requested by GB s.r.l.s. during the procedure outlined in Articles 9.1.2 and 9.1.3 below, or who have provided invalid documents.
3. Site Registration
3.A Registration on the Site www.360italymarket.com is free. To register, users must complete the appropriate form by entering their name, surname, email address, and a password, then click the "Continue" button. If registration occurs during the purchase process, the user will also need to provide an address, phone number, and tax code.
Registration on the Site www.360italymarket.com allows users to perform activities through a reserved and personal area, including:
- Tracking shipping and order status (if the chosen courier allows this);
- Viewing order history;
- Accessing post-sales assistance services;
- Managing and modifying personal data at any time;
- Adding, modifying, or deleting saved credit card details;
- Benefiting from dedicated services that may be activated by GB s.r.l.s. from time to time.
3.B Registration credentials (email address and password) must be used exclusively by the user and cannot be shared with third parties. The user agrees to keep these credentials confidential and to ensure that no third party has access to them, informing GB s.r.l.s. immediately if they suspect or become aware of any misuse or unauthorized disclosure of the credentials by contacting the company. Each user may register on the Site or, in the case of a Unified Registration, on GB s.r.l.s.-powered Sites only once. Multiple registrations by the same user are prohibited. Should GB s.r.l.s. detect multiple registrations by the same user on the Site or on Sites powered by GB s.r.l.s., it reserves the right to block the relevant GB s.r.l.s. account or Unique Profile immediately and without prior notice.
3.C The user guarantees that the personal information provided during the registration process is complete and truthful and agrees to hold GB s.r.l.s. harmless from any damage, compensation claims, and/or penalties arising from or in any way connected to the user’s violation of the rules on registration or the security of the registration credentials.
4. Information Required for the Conclusion of the Contract
4.A In accordance with Legislative Decree of April 9, 2003, No. 70 regarding electronic commerce, GB s.r.l.s. informs the user that:
To conclude the purchase contract for one or more Products on the Site www.360italymarket.com, the user must complete an electronic order form and send it to GB s.r.l.s. electronically, following the instructions provided on the Site.
The contract is concluded when the order form reaches the server of GB s.r.l.s.
Before submitting the order form, the user can identify and correct any input errors by following the instructions provided on the Site at various stages of the purchase.
The registration credentials (email address and password) must be used exclusively by the user and cannot be transferred to third parties. The user agrees to keep them confidential, ensuring no third party has access, and to inform GB s.r.l.s. immediately, by contacting the company, if they suspect or become aware of any misuse or unauthorized disclosure. Each user may register on the Site or, in the case of Unified Registration, on GB s.r.l.s.-powered Sites only once. Multiple registrations are prohibited, and if GB s.r.l.s. detects multiple registrations by the same user on the Site or powered Sites, it reserves the right to block the related GB s.r.l.s. account or Unique Profile immediately and without prior notice.
The order form will be stored in GB s.r.l.s.’s database for the time necessary to process the order and, in any case, within the time limits prescribed by law. The user can access the order form and/or related data through their personal account.
4.B The language available to users for concluding the contract is Italian. The Customer Service is able to communicate with users in both Italian and English.
5. Product Availability
5.A Products that can be purchased from GB s.r.l.s. through the Site are the items in the electronic catalog published on the Site and viewed by the user at the time the order is placed, as well as products in the catalog on 360italymarket.com specifically indicated as "sold and shipped by GB s.r.l.s." Products may belong to various categories (e.g., food, beverages, wines, spirits, sweets, and typical Italian products).
5.B Each Product is accompanied by an information page outlining its main features (“Product Page”). On the Product Page, a section will provide information on the Product’s availability. If a Product is unavailable, the user can request to be notified when it becomes available again by activating the “Notify me when available” function via a button on the Product Page, in the Cart, or on the product listing page. Users who have submitted a notification request will be informed by email if the Product becomes available within one hundred eighty (180) days following the request. The availability notification does not imply an obligation to purchase or serve as a reservation/order of the Product.
5.C Product availability is monitored and updated regularly. However, since the Site and/or other GB s.r.l.s.-powered Sites may be visited by multiple users simultaneously, it is possible that more than one user may purchase the same Product at the same time. In such cases, the Product may appear available for a short period but is actually out of stock or unavailable due to required restocking.
5.D If a Product becomes unavailable for the reasons above or other instances of unexpected unavailability, without prejudice to the rights granted by law and particularly by Chapter XIV, Title II, Book IV of the Civil Code, GB s.r.l.s. will promptly inform the user via email. The user is then entitled to immediately terminate the contract, subject to the right to compensation for damages, as per Articles 61, IV and V, of the Consumer Code. Termination of the purchase contract under this section also results in the termination of any related credit contract or any accessory contract (such as the purchase of Additional Paid Assistance Services, as defined in Article 14 below).
Alternatively, and without prejudice to this right of termination, the user may choose from one of the following proposals offered by GB s.r.l.s.:
(i) if a Product restock is possible, a delay in the delivery schedule, with a new delivery date for the restocked Product;
(ii) if a Product restock is not possible, the provision of a different product of equivalent or higher value, with the user’s express acceptance and payment of the price difference in the latter case.
The user’s decision must be communicated promptly to GB s.r.l.s. by email.
5.E If the user exercises the right of withdrawal under Article 61, IV and V of the Consumer Code or if they make no choice under Article 5.4 above, and the Total Amount Due (comprising the Product price, delivery costs, if applied, and any other additional costs arising from the order) has already been paid, GB s.r.l.s., without prejudice to the user’s right to compensation for damages, will refund the Total Amount Due without undue delay and, in any case, within 14 business days from the day the contract is terminated or, respectively, from the day following the order’s submission. The refund amount will be communicated to the user via email. If payment was made by credit card or PayPal, the refund will be credited to the same payment method used by the user for the purchase. Delays in crediting may depend on the banking institution, the type of credit card, or the chosen payment solution. In other cases, GB s.r.l.s. will request the necessary bank details by email to process the refund. Termination of the purchase contract as per the above articles entails the termination of any linked credit contract and any accessory contract.
6. Product Information
6.A Each Product is accompanied by a Product Page. The images and descriptions on the Site www.360italymarket.com powered by GB s.r.l.s. reproduce the Product characteristics as faithfully as possible. However, the colors of the Products may differ from the real ones due to settings on users’ computer systems or monitors. Additionally, the images of Products on the Site or other GB s.r.l.s.-powered sites may differ in dimensions or with respect to any additional accessories. Therefore, these images should be considered indicative and with usual tolerances. The Product description in the order form sent by the user shall be considered binding for the purpose of the purchase contract.
7. Prices
7.A All prices for Products listed on the Site are in Euros and inclusive of VAT. Delivery charges, which may vary depending on the chosen delivery method and/or payment method used, will be specifically indicated (in Euros and inclusive of VAT) during the purchase process, before the user is bound by the contract, in the order summary, and in the order confirmation email.
7.B GB s.r.l.s. reserves the right to change Product prices at any time and possibly multiple times in a single day. It is understood that the Product price charged to the user will be the one indicated in the order summary, as displayed to the user before order submission, regardless of any subsequent price changes (increases or decreases) after the order’s transmission.
7.C If a Product is offered on the Site at a discounted price, the Site will indicate (i) the full reference price on which the discount is calculated and (ii) what that reference price corresponds to. It is understood that discounted Product offers will only be made if the Product's full reference price corresponds to its actual market value.
8. Purchase Orders
8.A The purchase contract is subject to the condition that the Total Amount Due is not paid. If this payment does not occur, the contract will be automatically terminated. The user will be immediately notified of such termination and the resulting cancellation of the order: (i) immediately after order submission via the Site if they chose credit card as the payment method; (ii) via email if the user selected one of the other payment methods offered by GB s.r.l.s., including PayPal.
8.B Ownership of the Products will transfer to the user at the time of shipment, understood as the moment the Product is delivered to the carrier. However, the risk of loss or damage to the Products, due to no fault of GB s.r.l.s./360italymarket, transfers to the user when the user or a third party designated by them, other than the carrier, takes physical possession of the Products.
8.C To place an order for a Product via the Site, it is necessary to read and carefully review these Terms and Conditions of Sale.
9. Payment Methods
9.A Payment for Products purchased via the Site can be made through the payment methods described in the following paragraphs.
9.B In the case of a Mixed Order, despite a single cart and payment, there are, for all purposes, orders grouped by Supplier/Producer and separately shipped according to the schedules outlined in these Terms and Conditions. The confirmation for the Mixed Order will be unique but will contain separate parts for each product ordered from each Supplier/Producer.
9.1 Credit Card
Payment for Products purchased on the Site can be made via credit card directly on the Site. GB s.r.l.s. accepts credit cards from VISA, MasterCard, American Express, and Maestro networks. Accepted credit cards are, in any case, indicated in the footer of each Site page. The Total Amount Due is charged to the user’s account when the order is transmitted.
9.1.A To ensure payment security and prevent possible fraud, GB s.r.l.s. reserves the right to request the user, via email, to send, via the same method, a front and back copy of their ID, and if the order's account holder differs from the cardholder, the ID of the latter as well. The ID document must be valid. The request email will specify the deadline for submitting the document, which will not exceed five business days from the receipt of the request. While awaiting the requested document, the order will be suspended. The user must submit the requested documents within the specified timeframe.
9.1.B If GB s.r.l.s. does not receive the documents within the timeframe specified in the request email, or receives expired or invalid documents, the contract will be terminated under Article 1456 of the Civil Code, and the order will be canceled accordingly, subject to GB s.r.l.s.’s right to compensation for any damages incurred due to the user's non-compliance. The contract termination, of which the user will be notified via email within five business days of the deadline for sending the requested documents to GB s.r.l.s., will result in order cancellation with a refund of the Total Amount Due, if paid, credited back to the same payment method used. If the required documentation is validly received by GB s.r.l.s. within the specified timeframe, the order’s applicable delivery times will start from the date of document receipt.
9.1.C GB s.r.l.s. uses the secure payment service "Stripe Payments Europe Ltd" which utilizes the SSL security protocol. The confidential credit card details (card number, cardholder, expiration date, security code) are encrypted and transmitted to the payment provider. Therefore, GB s.r.l.s. never has access to nor stores the credit card details used by the user for Product payments, even if the user proceeds with Credit Card Saving.
9.2 PayPal
9.2.A Payment for Products purchased on the Site can also be made using the PayPal payment solution from PayPal Inc. If the user chooses PayPal as their payment method, they will be redirected to the site www.paypal.it, where they will complete the payment for the Products based on PayPal's procedure and the terms and conditions agreed upon between the user and PayPal. The information entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with GB s.r.l.s. GB s.r.l.s. is therefore unable to view or store the credit card details linked to the user’s PayPal account or any other payment information associated with that account.
9.2.B In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user upon the conclusion of the online contract. In the event of contract termination and in any other case of a refund, for any reason, the refund amount will be credited to the user’s PayPal account. The recredit timing on the payment instrument linked to the account depends exclusively on PayPal and the banking system. Once the credit order is issued in favor of that account, GB s.r.l.s. cannot be held responsible for any delays or omissions in crediting the refund amount to the user. The user must contact PayPal directly to contest these issues.
9.3 Amazon Pay
9.3.A Payment for Products purchased on the Site can also be made using Amazon Pay, provided by Amazon Payments Europe S.C.A. If the user selects Amazon Pay as their payment method, they will be redirected to the website www.amazon.it to complete the payment according to the procedure established by Amazon Pay and the terms and conditions agreed between the user and Amazon. The user’s data entered on Amazon’s website will be processed directly by Amazon Payments Europe S.C.A. and will not be transmitted or shared with GB s.r.l.s. As such, GB s.r.l.s. does not have access to or store the user’s credit card details or any other payment information associated with the Amazon Pay account.
9.3.B In the case of payment via Amazon Pay, the Total Amount Due will be charged by Amazon to the user upon the conclusion of the online contract. If the purchase contract is terminated or in any other instance of a refund, the refund amount will be credited to the user’s Amazon Pay account. The recredit timing on the payment instrument linked to that account depends exclusively on Amazon Payments Europe S.C.A. and the banking system. Once the credit order is issued in favor of that account, GB s.r.l.s. cannot be held liable for any delays or omissions in crediting the refund to the user, who must contact Amazon Pay directly to address such issues.
9.3.C GB s.r.l.s. is not responsible for any additional fees or charges applied by Amazon Pay or the user’s banking system for payment. Any costs associated with using the Amazon Pay service are governed by Amazon Payments Europe S.C.A.’s terms and conditions and fall under Amazon Payments Europe S.C.A.’s responsibility.
10. Delivery Methods, Costs, and Terms
10.A Product deliveries are made within Italian, European, and non-European territories. The delivery obligation is fulfilled by transferring material availability or control of the Products to the user.
10.B When the shipment occurs, a confirmation email will be sent to the user, including a link with the tracking number, allowing the user to verify the shipment status.
10.C Delivery is chargeable, unless otherwise provided, and delivery costs are borne by the user. The amount of delivery costs due by the user for a specific order will be explicitly indicated (in Euros, including VAT) during the purchase process, in the order summary, and, in any case, before the user submits the order. In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the user will be equivalent to the delivery costs that the user would have paid for the single Product subject to partial withdrawal, as shown on the Product Page and specific to the chosen delivery method. In no case will the amount of delivery costs to be refunded exceed the amount actually paid by the user for delivery.
10.D The order summary and, therefore, before the user submits it, will indicate the total price of the order, separately showing delivery costs and any additional costs. This total, which will also be shown to the user in the order confirmation email, constitutes the total amount due for the Product. For each sale made on the Site, GB s.r.l.s. issues an invoice by email to the order’s account holder. The information provided by the user when submitting the order via the Site is used for invoice issuance, and the user guarantees its accuracy. No invoice changes will be possible after issuance. The user agrees to hold GB s.r.l.s. harmless from any damage, including possible fines, should the data provided through the Site for invoice issuance prove inaccurate.
11. Right of Withdrawal from Product Purchase
11.A Under Articles 52 and subsequent of the Consumer Code, the user who qualifies as a consumer has the right to withdraw from the Product purchase contract without providing any reason and without incurring costs other than those specified in Articles 11.5 and 11.9 below, within fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days from:
a) in the case of an order for a single Product, the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the Products;
b) in the case of a Multiple Order with separate deliveries, the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last Product; or
c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last lot or piece.
11.B To exercise the right of withdrawal, the user must inform GB s.r.l.s. of their decision to withdraw before the expiration of the Withdrawal Period.
11.C To exercise the right of withdrawal, the user can:
(a) use the standard withdrawal form provided by GB s.r.l.s. ("Standard Withdrawal Form"), made available on the Site before the conclusion of the contract; or
(b) submit any other explicit declaration of their decision to withdraw from the contract ("Withdrawal Declaration").
11.D The user has exercised their right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by the consumer before the Withdrawal Period expires.
11.E The user must return the Products to GB s.r.l.s., using a carrier of their choice and at their own expense, without undue delay and, in any event, within 14 calendar days from the date they informed GB s.r.l.s. of their decision to withdraw. The deadline is met if the user returns the Products before the expiration of the 14-day period. The Product, properly protected and packaged, must be sent to the following address: GB s.r.l.s., Via Pilozzo 17 - 00078 Monte Porzio Catone (Rm) - Italy. The direct costs of returning the Products to GB s.r.l.s. are the responsibility of the user. GB s.r.l.s.’s Standard Withdrawal Instructions, containing information on exercising the right of withdrawal for Products, are provided to the user on the Site before the contract conclusion, through the link "Right of Withdrawal and Standard Form." The deadline is met if the user returns the goods before the 14-day period expires. Returning the Product to GB s.r.l.s. is done at the user’s risk and expense.
11.F If the user withdraws from the contract, GB s.r.l.s. will refund the Total Amount Due paid by the user for the Product, including delivery costs, even if the user opted for a delivery method different from the standard delivery offered by GB s.r.l.s., without undue delay and in any event within 14 calendar days from the day GB s.r.l.s. was informed of the user’s decision to withdraw from the contract. The refund will be made using the same payment method used by the user if payment was made by credit card or PayPal, unless the user has expressly agreed otherwise. In other cases, GB s.r.l.s. will ask the user for the necessary bank details to process the refund unless the user has expressly agreed otherwise.
If the user has returned the Products using a carrier of their choice and at their own expense, GB s.r.l.s. may withhold the refund until it receives the Products.
11.G The user is only responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be kept, handled, and inspected with ordinary care and returned intact, complete in all parts, in perfect working order, with all accessories and instructions, with all identifying tags, labels, and the single-use seal, if present, still attached and intact, suitable for its intended use, and free from wear or dirt.
11.H If the withdrawal was not exercised in accordance with the applicable law, it will not result in contract termination and, consequently, will not entitle the user to a refund. GB s.r.l.s. will notify the user by email within five business days of receiving the Product, rejecting the withdrawal request. The Product will remain with GB s.r.l.s., available for pickup by the user at their own expense and responsibility.
11.I If the Product for which the right of withdrawal was exercised has diminished in value due to handling other than what is necessary to establish the Product's nature, characteristics, and functioning, the refund amount will be reduced by an amount equal to the diminished value. GB s.r.l.s. will notify the user by email within five business days of receiving the Product, providing the bank details for payment of the amount due by the user due to the Product's diminished value if the refund has already been processed.
12. Manufacturer's Warranty
12.A Products sold on the Site may, depending on their nature, be covered by a manufacturer's warranty ("Manufacturer's Warranty"). The user may assert this warranty only against the manufacturer.
13. Customer Service and Complaints
13.A Information requests, communications, or complaints may be directed to the 360italymarket customer service ("Customer Service") using the following contact methods:
By email to: servizioclienti@360italymarket.com;
By phone at: +39 06 9421899;
By mail to: GB s.r.l.s., Via Pilozzo 17 – 00078 Monte Porzio Catone (Rm);
Through the Site by accessing the “Contact Us” section.
13.B GB s.r.l.s. will respond to complaints by email or mail within two business days of receiving them.
14. Applicable Law; Out-of-Court Dispute Resolution - Alternative Dispute Resolution/Online Dispute Resolution
14.A The purchase contract concluded on the Site is governed by Italian law.
14.B For users acting as consumers, any dispute relating to the application, execution, and interpretation of these Terms and Conditions of Sale shall be under the jurisdiction of the Court of Rome.
14.C Pursuant to Article 141-sexies, Paragraph 3 of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), GB s.r.l.s. informs users who qualify as consumers, as defined in Article 3, Paragraph 1, letter a) of the Consumer Code, that, in the event of a complaint submitted directly to GB s.r.l.s., which fails to resolve the resulting dispute, GB s.r.l.s. will provide information about the body or bodies of Alternative Dispute Resolution for extrajudicial resolution of disputes arising from a contract concluded under these Terms and Conditions of Sale (referred to as ADR bodies, as provided for in Articles 141-bis et seq. of the Consumer Code), specifying whether it intends to utilize these bodies to resolve the dispute. GB s.r.l.s. also informs users qualifying as consumers that a European platform for online consumer dispute resolution (ODR platform) has been established. The ODR platform can be accessed at //ec.europa.eu/consumers/odr/; through the ODR platform, consumers can consult the list of ADR bodies, find the link to each body’s website, and initiate an online dispute resolution procedure in which they are involved. In any case, the consumer's right to take the dispute arising from these Terms and Conditions of Sale to the ordinary competent judge, regardless of the outcome of the extrajudicial settlement procedure, is preserved, as is the possibility, where applicable, of promoting an out-of-court resolution of disputes concerning consumer relationships via recourse to the procedures outlined in Part V, Title II-bis of the Consumer Code. The user residing in an EU member state other than Italy may also access the European procedure established for small claims under Council Regulation (EC) No. 861/2007 of July 11, 2007, provided that the value of the dispute does not exceed €2,000, excluding interest, rights, and expenses. The text of the regulation is available on the website www.eur-lex.europa.eu.