CONSUMER RETAIL (ONLINE) TERMS AND CONDITIONS
1. Introduction
1. These terms and conditions apply to Your purchase of any Gresso product and/or service from Us on Our website.
2. Please read these terms and conditions and the documents linked to these terms and conditions carefully. You will need to accept these terms and conditions before We will accept Your order.
3. We have tried to make these terms and conditions easy to understand but We do understand that You may feel uncertain about some sections when You read them. Our staff are here to help and will be more than happy to assist You with any query You may have.
4. If You have a query about these terms and conditions or do not accept them, please contact Gresso Customer Service.
5. A copy of these terms and conditions and all other documents which apply to Your purchase of a Gresso product and/or service are available for You to read on Our website.
2. Definitions and Interpretations
1. To make these terms and conditions easy to read We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below:
"Contract" means any contract between You and Us for the sale and purchase of Products incorporating these Terms and Conditions;
"Made to Order Products" means those Products which may be personalised to Your specification, as identified on the Website. Made to Order Products include Products on which You ask Us to engrave Your name on the back of the case ("engraving").
"Order Form" has the meaning set out in Clause 3.1;
"Products" means the Gresso luxury mobile phones and/or accessories which are available for purchase on the Website;
"Terms and Conditions" means these terms and conditions of purchase together with Our privacy policy which You can access on the Website;
"We"/"Our"/"Us" means Gresso LLC, a corporation incorporated in the State of Florida;
"Website" means www.gresso.com;
"You"/"Your" means you as Our customer.
3. Opening an Account and Placing an Order
1. To purchase Products on Our Website You will need to:
1.1. fill in and then submit the online order form specifying the Product(s) which You require (“Order Form”).
Acceptance of an Order
2. We will send You as soon as possible an email to the email address You have provided to Us confirming receipt of Your order, Your order number and personal details.
3. You must ensure that You have filled in Your personal details on the Order Form correctly (especially the delivery address and the Product(s) which You require) otherwise We will not be able to send the correct Product(s) to You.
4. No order has been accepted by Us until We have sent You a confirmation of order by email which states Your order number and that we have received payment from You (“Order Confirmation”). A Contract will be formed when We accept Your order in accordance with this Clause 3.7.
4. Inability for Us to fulfil Your order
1. If, for some reason, it is not possible for Us to provide You with some or all of the Product(s) which You have requested after We have sent You the Order Confirmation then We will notify You by email and will refund You in full for those Products You have paid for and which We cannot supply within 5 days of the date We sent You the confirmatory email advising that we are unable to fulfill the order.
5. Delivery
1. When You order Products, You can only have them delivered to You.
2. They will be delivered to the address which You specified on the Order Form. The delivery address must be the same as the address to which Your bank account or credit/debit card is registered to.
3. We will deliver the Products to the address specified by You and stated on the Order Form. You (or someone authorized by You in writing as part of the order request such as a concierge at your address who has been approved by Us in our absolute discretion), must be available at the address at the time of delivery to sign for the Products. To maintain security We will not leave the Products in a safe place or with a neighbor. The terms set out in Our delivery policy will apply. You can review the terms of Our delivery policy on the Website. We reserve the right not to deliver to certain locations or where type approvals have not been obtained, or which We exclude at Our discretion. We will insure the Product(s) during shipping.
4. All over the world customs departments randomly select packages, which they will open and check. Although rare they will sometimes open the interior packaging. Unfortunately We cannot accept responsibility for these occurrences as We have no control over Customs officials or for reimbursing You for the cost of the Product and carriage should local authorities choose to confiscate or seize these items.
6. Price and Payment
1. The price of the Products shall be Our current price as stated on the Website. Any incorrect prices shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by Us shall be notified to You and, if You wish to continue with the order, substituted in place of the incorrect price.
2. Our prices include delivery charges. All Products are delivered DDP destination (Incoterms 2010).
3. Our prices shown on the Website are inclusive of applicable taxes, duties, and fees.
4. You may pay for the Products:
4.1. using Your credit or debit card;
5. We will ask You to enter Your details when You complete the Order Form. By completing Your payment details You confirm that the method of payment being used belongs to You.
6. Your credit or debit card account will be debited with the cost of the Product(s) on submission of the Order Form.
7. All payments are subject to the approval of the financial institution issuing Your credit/debit card and credit verification, and We will not be responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. We may reject any order without giving any reason. Please note that it can take 2 to 3 days (excluding weekends and bank holidays) to process Your payment. We will tell You if We incur any issues obtaining approval for the payment. This may cause a delay in getting the Products to You and We will not be able to accept Your order and send You the Products until we have received appropriate authorization and payment.
8. All orders placed with Us will be priced in U.S. dollars.
7. Warranty
1. Your Product is subject to Our Manufacturer’s Limited Warranty valid at the time of Your purchase. A copy of the warranty will be provided with the Product.
2. If Your Product is or becomes defective (such that the warranty referred to at Clause 7.1 applies) in the 15 days following delivery of Your Product to You and you notify Us (at the address set out in Clause 1.4 of these Terms and Conditions) in that 15 day period then once we have confirmed Your Product is defective We shall on Your request exchange Your Product free of charge for an equivalent Product. This will be done:
2.1. firstly by you returning Your Product to Us in the same way as set out in Clause 8.4 below;
2.2. We will check the Product is defective (such that the warranty referred to at Clause 7.1 applies) and if it is, issue to You a replacement Product applying the same process as set out in Clause 5.
8. Cancellations
1. The following clauses do not apply to Made to Order Products. If Your Contract is for Made to Order Products, You may not cancel Your Contract once You have submitted the Order Form and payment has been received by Us. This does not affect Your right to reject faulty Products set out elsewhere in these terms.
2. The following clauses do not affect Your rights of cancellation which exist under any local mandatory laws which apply in the country in which the Contract between You and Us was formed.
3. If You are a consumer (i.e. not buying the Product(s) in the course of Your business, trade or profession), then You may cancel Your Contract for the Products within 15 days without giving any reason. The cancellation period will expire after 15 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the Products.
4. To exercise Your right of cancellation, You must:
4.1. inform Us (at the address set out in Clause 1.4 of these Terms and Conditions) of Your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or email). You may also contact Customer Services (by phone or email) who will provide a cancellation form for you to complete; and
4.2. if You have received the Products relating to the Contract You wish to cancel, We will arrange to come and collect the Product(s) (including all packaging, any accessories and free gifts which came with them) from You at the original delivery address for the Product(s).
5. To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired. If You send Us a notice of cancellation by post and/or return Product(s) to Us, We advise You to keep proof of postage.
6. If You decide to cancel Your Contract, We will reimburse You for all payments which We have received from You in relation to Your Contract, excluding the cost of delivery. We may make a deduction from the reimbursement for:
6.1. collection of the cancelled products
6.2. loss in value of the Products supplied (if the loss is the result of unnecessary handling by You) and the cost of data cleansing the Product where You have used it.
We will make the reimbursement without undue delay:
1. 14 days after the day We receive back from You the Products supplied; or
2. (if earlier), 14 days after the day You provide evidence that You have returned the Products to Us.
3. if no Products were supplied to You, 14 days after the day on which We are informed about Your decision to cancel the Contract.
7. We will make the reimbursement for the price you paid and using the same means of payment as You used for the initial transaction, unless We have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Products back or You have supplied evidence of having sent the Products back, whichever is the earliest.
8. If You have received the Products prior to cancelling the Contract, You will only be liable for any diminished value of the Products resulting from damage or the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. This means that You can examine the Products as You would if You were buying them from one of the Gresso Stores (which includes switching them on to see how they work) but You should not do anything more than that.
9. No such rights of cancellation (as set out in Clauses 8.2 to 8.7 above) apply if You are purchasing the Product(s) otherwise than as a consumer.
9. Ownership of Products
1. All Products ordered by You will remain Our property until We have delivered the Products to the address stated in the Order Form.
2. Ownership any software included in or with the Products will always remain with Gresso, the relevant affiliate company or the relevant licensor, notwithstanding payment for the Products.
10. Our Liability to You
1. These Terms and Conditions do not exclude or limit Our liability (if any) for:
1.1. death or personal injury caused by Our negligence;
1.2. fraud;
1.3. fraudulent misrepresentation; or
1.4. any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.
2. We are only liable to You for losses which You suffer as a direct result of Our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses.
3. We are not responsible to You for any business losses that You may incur, including but not limited to lost profits, lost revenues, business interruption or lost data.
4. You may have other rights granted by law and these Terms and Conditions do not affect these.
5. Whilst We will make every effort to fulfil orders, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought or any other causes beyond Our control. We have no responsibility for a failure to comply with these Terms and Conditions if that arises to a reason beyond Our control.
11. Personal Data About You
1. All personal data about You will be processed in accordance with Our Privacy Policy, which will be presented for Your review and acceptance before You submit any personal information to Us.
12. General
1. In purchasing a Product, You represent and agree that You are buying the Products solely for Your personal use, and not for resale or commercial distribution. We reserve the right to cancel the Contract if We have reason to believe that You are not buying the Products solely for Your personal use.
2. All Contracts will be governed by the laws of the state of Florida, without giving effect to its conflict of law provisions.
3. All disputes and court proceedings relating to the Contracts must be brought to a Federal or State court in the State of Florida and you hereby irrevocably submit to the exclusive jurisdiction of such courts for such purpose.
4. If there is any inconsistency between the local mandatory laws which apply to Our and Your Contract and the provisions of these Terms and Conditions, then the applicable local mandatory laws will prevail.
5. You may not transfer any of Your rights under the Contract to any other person.
6. We may transfer any of Our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
7. Only You and Us have any rights under the Contract. No other person shall have any rights under the Contract.
8. We may amend these Terms and Conditions from time to time. In these circumstances, We will post the new Terms and Conditions on the Website. You should not complete any further Order Forms if You do not accept any revisions We make to these Terms and Conditions. A copy of Our latest version of the Terms and Conditions can always be found on the Website or will be available on request from Us.
9. You may not use Our (or members of Our group’s) trademarks or intellectual property without Our prior written consent.