General Conditions of Sale and Right of Withdrawal

  1. Application of the General Conditions of Sale

1.1.A Any order for the purchase of products and/or machines placed on the website (hereinafter also the "Site") and any contract concluded therein is governed by these general conditions of sale (hereinafter also "General Conditions"),

1.1.B The Site, owned by Gruppo Gimoka S.p.A. (hereinafter "Owner" or "Company" or "Gruppo Gimoka S.p.A."), is managed by Gruppo Gimoka S.p.A, with registered office in Via Fratelli Gracchi n. 42, Cinisello Balsamo (MI), VAT 00177230141, CF and registration number with the C.C.I.A.A. of Milan 01913150130 R.E.A., MI-1816594 (hereinafter "Gimoka" or the "Seller").

1.1.C. Gimoka is engaged in the sale of the Products through the Site on behalf of the Owner. Purchases of Products made through the Site shall have Gimoka, as seller, and the person making the purchase of one or more Products for purposes not related to his or her trade, business, craft or profession, as buyer, as parties.

1.1.D Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the contact details indicated in point 2.2

It is the right of Gimoka Group S.p.A. to apply special conditions, applicable to purchases made via the Internet or call center.

1.2. Gruppo Gimoka S.p.A. reserves the right to amend these General Conditions at any time by publishing a new version on the Site.

1.3. Before finalizing any purchase, the Customer is required to carefully read these General Conditions that have been made available to him/her on the Site, in order to allow their storage and reproduction in compliance also with art. 12 of Legislative Decree 70/2003.

1.4 Contracts concluded through the Site are governed by the Civil Code and Chapter I of Title III of Part III of Legislative Decree September 6, 2005, no. 206 (hereinafter also the"Consumer Code"), with particular reference to contracts negotiated off-premises and distance contracts.

1.5 The General Conditions applicable are those in force at the time the order is placed. In the event that you proceed to purchase a product on the Site, you fully accept these General Terms and Conditions, without reservation and/or exception.

  1. Contracting Parties

2.1. The vendor is Gruppo Gimoka S.p.a., with registered office in 20092 Cinisello Balsamo (MI), via F.lli Gracchi 42, C.F. and registration with the Register of Companies of Milan number 00177230141, REA MI-1816594, fully paid-up share capital euro 2,361,427.19 (hereinafter also "GIMOKA").

2.2. The following are the contact details of GIMOKA:

- regular mail: Via Fratelli Gracchi n. 42, Cinisello Balsamo (MI)

- PEC:

- e-mail:

- telephone/Customer Service: +39 02 3930 8850

2.3. The purchasers of the distance selling service (hereinafter also the "Customer") are Consumer Customers, understood as the natural persons who purchase the product for purposes unrelated to their commercial, entrepreneurial or professional activity possibly carried out and Professional Customers, understood as the legal persons, entrepreneurs and any other person holding a VAT number., who purchases a good for professional purposes or related to their business.

  1. Product information

3.1. Information about each individual product and its essential characteristics, rendered in accordance with current legislation, is available on the Site and made cognizable to the Customer.

3.2. In compliance with Regulation (EC) No. 1169/2011, as amended, the food information on the Website has been provided directly by the Producer to GIMOKA, pursuant to Article 8 of the same Regulation. The latter, therefore, cannot be held responsible for any inaccuracy, incompleteness or untruthfulness of the same.

3.3 The product information provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors. Images of products may not be perfectly representative of their characteristics but differ in color, size, accessory products represented. Photographs of products on the Site are purely illustrative and therefore not binding.

3.4 GIMOKA reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted and also to change or update information at any time without prior notice to the Customer.

  1. Order

4.1. The order for the purchase of products and/or machines (hereinafter also "Products") may be placed through the Site or call center.

4.2. In order to place a Product purchase order on the Site, it is necessary for the Customer to be a registered user, through the use of his/her login credentials (username and password). Having read and accepted these General Conditions of Sale, the Conditions of Use of the Site and the Privacy Policy, he/she must fill in every part of the order form in electronic format containing the elements necessary for the identification of the Customer and the products ordered; he/she must select the desired payment method, the type of shipment chosen (whether pick-up at an authorized retailer or delivery by courier) following the instructions contained in the Site, all under penalty of nullity of the order.

4.3. GIMOKA offers the sale of the Products within the limits of stock available at the time of the purchase order.

4.4. By sending the Customer the order confirmation e-mail" (hereinafter also "Order Confirmation"), GIMOKA declares that it has received a purchase order and that it has undergone the process of data verification, regularity of past payments and availability of the requested Product. The contract is therefore considered concluded.

4.5. Only Products in stock at the time of the Order are visible and therefore purchasable on the Site.

  1. Delivery

5.1. Delivery of orders is made by the courier (BRT or other courier) appointed by GIMOKA no later than 6 (six) working days from Order Confirmation for shipments in Italy; no later than 15 (fifteen) working days from Order Confirmation for shipments to EU countries.

5.2. The cost of delivery of orders will be indicated at the time of the order, in the summary of the cart, and in any case cannot be more than € 3.99 for shipments in Italy; for shipments to the European Union, the costs are calculated on the "ceck-out" page. If the order is large and therefore the above amounts are exceeded, the Seller will contact the Customer in order to confirm the amount due for both the rodine and shipping.

5.3. Orders will be delivered by courier to the place indicated by the Customer when ordering online or by telephone. The Customer may elect to pick up the Product from an authorized retailer, without application of shipping charges.

5.4. Order deliveries are made in Italy, and in EU countries from Monday to Friday (excluding holidays). Likewise, no deliveries are made to P.O. boxes.

5.5. GIMOKA assumes no liability arising from deterioration, misappropriation or loss of the goods during transport, since these are events whose effects are borne by the Customer and/or the carrier at the time of delivery of the goods. It shall be the Customer's responsibility to make claims and/or bring actions against the carrier or the latter's insurance company.

5.6. GIMOKA shall not be liable for any delay if such delay or failure to deliver is attributable to causes beyond its reasonable control such as, but not limited to: third party strike actions, terrorism, war, natural disasters, adverse weather, pandemic (hereinafter also "Force Majeure"). GIMOKA will contact the Customer as soon as possible to notify the Customer of the inconvenience and will take all necessary measures to minimize the effect of the delay.

5.7. In the event of non-delivery within the period of 30 (thirty) days from the day following the day on which the Customer submitted the order, GIMOKA will inform the Customer of the delay and refund the Customer the amount already paid for the payment, unless the Customer requests otherwise in accordance with the applicable legal provisions.

  1. Verification of Goods and Claims

6.1 Goods are picked up or delivered sight unseen. By signing the courier or pick-up document, the Customer certifies the outward integrity of the Product and the conformity of the delivery.

6.2 It is the Customer's responsibility to verify, at the time of delivery or pickup, any damage or tampering to the packaging and the quantity of the packages ordered (hereinafter also jointly "anomalies"), under penalty of forfeiture, by signing the delivery note subject to checking the contents.

6.3 In the event of anomalies, the Customer must report it in writing or by call center to GIMOKA no later than 48 (forty-eight) hours after receipt or collection of the goods, indicating specifically the possible defect found, sending by email photos and / or videos proving the anomaly and keeping the invoice and the waybill of the courier.

6.4. GIMOKA, upon receipt of the notice of anomaly, will contact the Customer to agree on the withdrawal of the goods, the issuance of a refund of the sums paid, except for food products as specified in 9.4. below, and/or the placing of a new order.

6.5. In the case referred to in 6.4. above, GIMOKA will activate the procedure for the return of the goods. The transportation costs related to the returned goods or for which reimbursement has been requested shall be borne in full by GIMOKA in the event that the anomaly is the fault of GIMOKA or borne by the Customer in the event that the anomaly is the fault of the Customer. In the latter case, the Customer may choose at its discretion whether to send the goods through its own courier or to request the collection of the goods through the courier appointed by GIMOKA, bearing the transport costs of Euro 10.00 (ten/00).

6.6. For the return of the goods, the Customer shall follow the mandatory instructions received from GIMOKA and shall be required to return the goods affected by anomalies in its original packaging intact in all its parts, with all accessories, packaging materials, boxes, documentation and / or other objects, under penalty of failure to replace the product or failure to refund the sums paid.

6.7 GIMOKA, having received the goods and ascertained the anomalies, will proceed with the replacement of the Product or issue a refund of the sums already paid by the Customer within 14 days, as agreed with the latter.

  1. Price and Invoicing

7.1. The prices invoiced for the Products ordered are those in effect on the day the purchase order is issued, including any taxes and shipping charges. Shipping charges are shown separately on the invoice.

7.2. Prices shown on the Site and then invoiced at the time of purchase are inclusive of VAT.

7.3. Ownership of the Products passes to the Customer once payment for the order is completed.

  1. Payment

8.1. For purchases made via the Internet, the price of the Product shall be paid upon completion of the order process. The Customer may choose between the different payment methods: PayPal, credit card, Nexi, cash on delivery (only in Italy) and bank transfer.

8.2. For purchases made via call center, the amount of the relevant invoice must be paid: (i) within and no later than 15 (fifteen) days from the date shown on the document in case of payment by bank transfer and cash on delivery; (ii) within and no later than 48 (forty-eight) hours in case of payment by PayPal and credit card.

8.3. Any delay in payment may result in the application of interest on the overdue balance and the charging of administrative and legal fees incurred.

8.4. For payment by cash on delivery: choosing this mode, payment will be made to the courier upon delivery of the Product purchased, to the amount of the product and shipping must be added 4.00 (four/00) Euro as a contribution to the cash on delivery payment. Payment must be made only with banknotes or coins directly to the courier. Only exact sums corresponding to the amount of the order are accepted: there is no return of change. Bank or bank drafts will not be accepted. Pursuant to and for the purposes of Law No. 15 of 25/02/2022 (so-called "Decreto Milleproroghe 2022"), cash payments will be accepted within the threshold of Euro 1,999.00.

  1. Withdrawal

9.1. It is reiterated that the right of withdrawal referred to in this article and the following art. 10 is reserved exclusively for the Consumer Customer and not for the Professional Customer, in accordance with the relevant regulations in force.

9.2. For purchases of Products made via the Internet, call center or off-premises, the Consumer Customer may always exercise the right of withdrawal in accordance with the provisions of the Consumer Code, within the term of 14 (fourteen) calendar days from the delivery of the good (or the last good for multiple orders), by contacting Customer Service for the method of return. The Product must be returned at the care and expense of the Consumer Customer within 14 (fourteen) calendar days from the date on which the Consumer Customer communicated to GIMOKA its decision to withdraw. The Consumer Customer may choose whether to return the goods independently or to take advantage of the courier (BRT) shipping service appointed by GIMOKA, at a cost of Euro 10.00 (ten/00). In the event that the value of the returned goods is less than the collection costs or slightly higher, the Customer may not avail himself of the service offered by GIMOKA.

9.3. GIMOKA will only accept returns of goods in perfect condition and in their original packaging, accompanied by the relevant purchase invoice. In the event that the returns have been made in accordance with the above, GIMOKA will issue a refund of the sums paid in the same mode of payment chosen for the purchase procedure, within a maximum of 14 (fourteen) days from when it became aware of the withdrawal. GIMOKA may reduce the refund due to the Customer to reflect any loss in value of the Product resulting from handling other than that necessary for its use.

9.4 Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded for food products that are likely to deteriorate or expire rapidly (by way of example: capsules, wafers, cookies, chocolate, sugar, etc.) as the characteristics and qualities of these types of products are subject to alteration including as a result of inappropriate storage subsequent to delivery; for goods made to measure or clearly customized and in the other cases that the law expressly excludes and places as exceptions to the right of withdrawal. In these cases, therefore, the Consumer Customer will have the right to return the purchased goods only in case of non-compliance of the order or products (i.e. for product or package manifestly damaged on delivery or incorrect quantity and/or type compared to the order).

  1. Effects of withdrawal

10.1 In the event that the Consumer Customer withdraws from the contract within the time and in the manner set forth in Article 9 above, and without prejudice to what GIMOKA may object to in accordance with the provisions of the preceding article, the same shall be reimbursed all payments it has made in favor of GIMOKA, excluding shipping costs, without undue delay and, in any event, no later than 14 (fourteen) days from the day on which GIMOKA is informed of the decision to withdraw from this contract. The date of receipt of the notice of exercise of the right of withdrawal sent by email by the Consumer Customer shall be deemed to be the date on which GIMOKA is informed.

10.2 The reimbursement of payments made by the Consumer Customer shall be understood to be excluded in the event that the latter has chosen cash on delivery as the method of payment for the order.

10.3 The obligation to return may also be suspended in the event that GIMOKA has had to make disputes as provided in the preceding article.

10.4 In accordance with current legislation, GIMOKA reserves the right to suspend the refund until receipt of the goods or until the Consumer Customer has demonstrated that it has returned the goods, whichever is earlier.

  1. Legal warranty of conformity and after-sales service

11.1. With the exception of food products, all products sold by Gruppo Gimoka S.p.A. to the Consumer Customer are covered by the legal warranty of 24 (twenty-four) months for conformity defects pursuant to and in accordance with articles 128 et seq. of the Consumer Code and as amended.

11.2. For any questions or reports and to receive after-sales assistance under warranty on the products, the Customer may contact Gimoka Group S.p.A. Customer Service at the above telephone number available from 09.00 to 13.00 and from 14.00 to 18.00, Monday to Friday or by sending an e-mail to .

  1. WEEE Disclosure

12.1 Pursuant to and in accordance with the terms of the notice to the Consumer Customer in accordance with the applicable waste electrical and electronic equipment (WEEE) regulations, the Consumer, upon receipt of a new electrical equipment intended for a household, may deliver its used equipment of equivalent type free of charge on a one-for-one basis to the courier or authorized retailer of choice at GIMOKA's expense.

  1. WEEE Collection

13.1 In accordance with the current legislation on waste electrical and electronic equipment (WEEE), the Consumer may deliver its used equipment of equivalent type intended for a household to GIMOKA free of charge at the same time as the delivery or collection of the new equipment.

13.2 Having deemed GIMOKA to have fulfilled its legal obligation under the foregoing provision, should the Consumer wish to return the old equipment at a time subsequent to the delivery or collection of the new equipment, the cost of such subsequent return shall be agreed upon between the parties.

  1. Applicable Law

14.1 These General Conditions shall be subject to and construed in accordance with Italian law.

  1. Jurisdiction for the consumer customer

15.1. In contracts with the Consumer Customer, for any dispute regarding the validity, interpretation and execution of these General Conditions, the mandatory territorial jurisdiction shall be that of the Court of the place of residence or domicile of the same Consumer, if located in the territory of the Italian State, otherwise, for the foreign Consumer the Court of Milan shall have exclusive jurisdiction.

  1. Competent Court for the professional customer

16.1. In contracts with the Professional Customer, for any dispute arising from the validity, interpretation and execution of these General Conditions, the territorial jurisdiction shall be exclusively that of the Court of Milan, with the exclusion of any other competing court.

  1. Processing of personal data

17.1. The Parties undertake to imprint the processing of personal data collected in the context of contractual activities with respect for the principles of correctness, transparency, lawfulness and protection of the confidentiality and rights of the parties concerned, in compliance with national (Legislative Decree 196/2003 and and Legislative Decree 101/2018) and European (EU Regulation 2016/679 - GDPR) regulations in force on the protection of personal data.

17.2 To consult the complete Privacy Policy, please refer to the relevant section on the Site.

  1. Final Provisions

18.1. In the event that one or more of the provisions of this contract should be deemed invalid or otherwise unenforceable or unenforceable, such fact shall not result in the invalidity of these General Terms and Conditions as a whole or of the remaining provisions, all of which shall continue to be in full force and effect.

18.2 Any forbearance of either Party to acts or omissions of the other Party that are in breach of the provisions of these General Conditions shall not be construed as a waiver of its rights under the breached provisions nor of its right to demand their exact performance and any compensation for damages.

Version of 09.01.2024