TERMS & CONDITIONS
The wording of the German privacy policy applies. This document serves only as a translation.
Last updated: 14.06.2023
These terms and conditions
(1) This website (the "Site") and/or the Services, including any associated mobile applications (collectively: the "Services") and any offers and sales of products ("Products") through the Site, is owned and operated by [PosterRosanelli of the owner Florian Rosanelli] (hereinafter also: "we", "us" and "our(s)"). These terms and conditions ("Terms") set out the conditions under which visitors or users (together: "Users" or "You") may access or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell products to you, how you can cancel your purchase and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.
Purchase of Products
(1) The purchase of Products is subject to the terms and conditions applicable at the time.
(2) If you purchase a Product: (i) you are responsible for reading the Product description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the "Order for Charge" button or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.
(3) By clicking on the relevant button, you can select products from our product selection and place them in your shopping basket. Our prices are listed on the Site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When you pay, you will be shown an overview of all the products you have added to your shopping basket. The overview includes the main features of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also still use the edit function to identify and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. When you click on the "Order with costs" button, you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the ordering process via the "Order with costs" button, you must first accept these terms and conditions as legally binding for your order by ticking the relevant box.
(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order is listed once again and which you can then print out or save using the corresponding function. Please note that this is an automatic notification which only proves that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement to purchase the Products is not concluded until we send you an acceptance notice by email or dispatch the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process, as described above, by clicking the "Order with costs" button.
(6) The purchase contract can be concluded in English. After the conclusion of the contract, the terms of the contract will be kept by us, you will then no longer have access to them.
Right of withdrawal
You acknowledge that the Products are personalised and made specifically for each order. Once an order has been placed, it cannot be changed or cancelled unless we have told you otherwise via the Gelato API for that particular order.
You acknowledge that the Products, when printed, may differ from the User Content as displayed on screen, for example, due to the way computers display colours. Such a deviation between the user content on the screen and the physical products, which is not due to printing errors, shall not be considered a defect.
In the event of any defects found, such as damage to the products supplied, errors in the number or quantity of products supplied or quality defects in the product supplied which are not due to quality defects in the User Content, you should provide us with photographic or other documentary evidence of the existence of a defective product. If we have not received a written claim from you within 14 days of receipt of the goods, we will not be liable for any defect.
If we agree or you can demonstrate that a defect exists and that it is not due to the carrier of an untracked shipment, force majeure or other circumstances beyond our control, we will, at our discretion, either provide you with a reprint of the order to the extent necessary to correct the defect or offer you a refund for the defective products.
The remedies set out above are your sole remedies for a defective Product and, to the extent permitted by law, are exclusive of any other remedies available to you (including the End User) at law.
(1) If you purchase one or more Products through the Site or Services which are sent in one shipment, the instructions on the right of cancellation set out in Schedule 1 to these Terms will apply.
(2) If you purchase one or more Products through the Site or Services that are shipped in instalments, the instructions on the right of withdrawal set out in Annex 2 to these Conditions will apply.
(3) If you purchase one or more Products through the Site or Services that consist of digital content that is not delivered on a physical medium (e.g. CDs or DVDs), the instructions on the right of withdrawal set out in Annex 3 to these Terms will apply.
Warranty for products
We are liable under the statutory warranty provisions for defects in quality and/or title of the products you purchase from us.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits.
Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers are available from time to time on our products ("Offers"). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Permitted Use
(1) Our Services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personal data or impersonate any other user; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any Content or to undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor our or any other Site or the content contained in our Services; or (viii) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of any computer software or hardware. (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms.
Intellectual Property Rights
(1) Our Services and related content (and any derivative works or enhancements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (together: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set out herein or as required by mandatory law for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or video, you are granted the rights as set out in relation to such content on the Site.
Disclaimer of warranties for use of the Site and Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided on an "as is" and "as available" basis without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or upgrades. This does not affect the warranty for products you purchase from us as set out in the "Warranty for Products" section above.
Release
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.
Limitation of Liability
(1) We shall only be liable in the event of intent, gross negligence, negligent injury to life, limb or health or in the event of a slightly negligent breach of a material contractual obligation, and only in the case of chargeable services or the sale of products. A "material contractual obligation" means an obligation the performance of which is a basic requirement for the proper performance of the agreement and on which you normally rely and may reasonably rely. Our liability for a slightly negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract. This does not affect our liability under the Product Liability Act or in the event that we have explicitly given a guarantee.
(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favour of our directors, officers or other legal representatives, employees and agents.
Amendment of the terms and conditions and the services; discontinuation
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should review these Terms periodically and in any event during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will take reasonable account of your legitimate interests in doing so. We will notify you of any such changes in good time in advance. You will be deemed to have accepted the changes if you do not object to them within two months of this notice. We will point this out to you in our notification. If you object to the changes, we will have a special right of termination - without further obligation to you - which will take effect on the date the changes come into force.
We may change the Services, stop providing the Services or one or more features of the Services provided, or restrict the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving any reason and without any further obligation. We will, where possible in the circumstances, give you reasonable advance notice and will have due regard to your legitimate interests in taking such action.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.
Applicable law
(1) These Terms shall be governed by and construed in accordance with the laws of the Republic of Italy (without regard to its conflict of law provisions).
(2) The European Commission provides an Online Dispute Resolution (ADR) platform, available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
Miscellaneous
(1) A waiver by either party of any breach or default under these Conditions shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.
(3) Except as otherwise expressly provided, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us entered into under these Terms, or any or all of your contractual rights or obligations, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous section.
Contact
To contact us, please send an email to:
Name: Florian Rosanelli E-mail: posterrosanelli@gmail.com
Appendix 1
If you have purchased one or more products through the Site or Services that will be sent in one shipment, the following instructions inform you of your right of withdrawal:
You may cancel this contract within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day on which you or a third party named by you, who is not the carrier, acquires physical possession of the goods.
To exercise your right of withdrawal, you must send us
PosterRosanelli,
e-mail address: posterrosanelli@gmail.com
of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send your notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you cancel this contract, we will refund to you - without undue delay, but in any case not more than 14 days after receipt of the notification of your cancellation - all payments already received from you, including the delivery costs (except for the additional costs incurred for a delivery method requested by you and deviating from the cheapest standard delivery offered by us). We will make such a refund using the same method of payment that you used for the original transaction unless you have expressly authorised otherwise; in any event, you will not incur any charges as a result of such a refund. We may withhold a refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.
The return or handover of the goods will be made to the Gelato ASA location from which your product was dispatched without undue delay and in any event not more than 14 days after receipt of notification of your withdrawal. The deadline is met if you send the goods before the 14-day period has expired. You will find the return shipping address of the Gelato ASA store in the purchase confirmation you received in an e-mail after concluding the purchase contract.
You are responsible for the direct costs of returning the goods.
You will only be liable for any diminution in the value of the goods if it is due to handling that is not necessary to establish the nature, characteristics and functionality of the goods.
Appendix 2
You may cancel this contract within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day on which you or a third party named by you who is not the carrier acquires physical possession of the last delivery or item.
To exercise your right of withdrawal, you must send us
PosterRosanelli,
E-mail address: posterrosanelli@gmail.com
of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send your notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you cancel this contract, we will refund to you - without undue delay and in any event not more than 14 days after receipt of notice of your cancellation - all payments already received from you, including delivery charges (excluding any additional charges incurred for a delivery method requested by you and different from the cheapest standard delivery offered by us). We will make such a refund using the same method of payment that you used for the original transaction unless you have expressly authorised otherwise; in any event, you will not incur any charges as a result of such a refund. We may withhold a refund until we have received the goods back or you have provided evidence that you have returned the goods, whichever is the earlier.
The return or handover of the goods will be made to the Gelato ASA location from which your product was dispatched without undue delay and in any event not more than 14 days after receipt of notification of your cancellation. The deadline is met if you send the goods before the 14-day period has expired. You will find the return shipping address of the Gelato ASA store in the purchase confirmation you received in an e-mail after concluding the purchase contract.
You are responsible for the direct costs of returning the goods.
You will only be liable for any diminution in the value of the goods if it is due to handling that is not necessary to establish the nature, characteristics and functionality of the goods.
Appendix 3
If you have purchased one or more products through the Site or Services that consists of digital content that is not delivered on a physical medium (e.g. CDs or DVDs), the following guidance on the right of withdrawal applies:
You may cancel this contract within 14 days without giving any reason.
The revocation period expires 14 days after the conclusion of the contract.
In order to exercise your right of withdrawal, you must send us
PosterRosanelli,
e-mail address: posterrosanelli@gmail.com
of your decision to revoke this contract by means of an unequivocal statement (e.g. a letter by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send your notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you cancel this contract, we will refund to you - without undue delay, but in any case not more than 14 days after receipt of the notification of your cancellation - all payments already received from you, including the delivery costs (except for the additional costs incurred for a delivery method requested by you and deviating from the cheapest standard delivery offered by us). We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly authorised otherwise; in any event, you will not incur any charges as a result of such a refund.
Exceptions to the right of withdrawal
The right of withdrawal will expire for contracts for the supply of digital content (including streaming, downloads etc.) which is not supplied on a physical medium (e.g. CD or DVD) if you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and you have confirmed that you are aware that such consent will cause you to lose your right of withdrawal once performance of the contract has commenced.