Terms & Conditions
General conditions of sale for consumer customers
These General Terms and Conditions of Sale govern the purchase of products and services made remotely via the Internet at www.cream-crush.com.
Before sending the order, the Customer is required to carefully read these General Conditions, made available to him on the aforementioned site to allow reading, storage and archiving.
Art. 1. Definitions .
- Except as otherwise provided in the Contract, the following terms and expressions shall have the meanings set forth below:
- a) “Cream-Crush”: trademark of Nicola Salvi granted in free use to Grezzo Amendola Srl, Via Giacomo Peroni 130, 00131 ROMA, P. IVA 14195541009, tel. 392 967 2141, e-mail cream-crush@cream-crush.com ; nvlabsrl@legalmail.it (PEC address).
b) “Site” or “Website”: the site that can be reached at the URL cream-crush.com, owned by Grezzo Amendola Srl.
c) “Customer”: the natural person who concludes the contract for the purchase of one or more of the following.
d) “Consumer” or “Consumer Customer”: the Customer (natural or legal person) who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity, if any, carried out, that is, not for the purpose of reselling the products
e) “Professional” or “Professional Customer”: the Customer (natural or legal person) acting in the exercise of his or her entrepreneurial, commercial, craft or professional activity, or an intermediary thereof.
If the Customer intends to conclude the contract for the sale of Products by Grezzo Amendola Srl acting as a Professional, that is, for the resale of the same products, he must access the dedicated B2B site and/or send a request to the following email address: cream-crush@cream-crush.com.
For B2C orders, the reference email is cream-crush@cream-crush.com.
f) “Parties”: Grezzo Amendola Srl and the Customers.
g) “Product”: each product made available for purchase through an electronic catalog made available on the Site. The catalog is constantly being updated and the availability of each product may change without notice.
h) “Login Credentials” means the “username/email address” and “password” related to each Customer’s account, which are necessary to access the restricted area of the Site and to conclude the Contract or to check out and submit the order.
i) “Business Days” and “Business Hours” means Monday through Friday, except national holidays, with business hours from 9:00 a.m. to 12:30 p.m. and 2:00 p.m. to 5:30 p.m.
j) “General Terms and Conditions”: these General Terms and Conditions of Sale, which govern the relationship between GREZZO AMENDOLA SRL Ltd. and Customers.
k) “Contract”: consists of these General Conditions and the Order Confirmation. In case of discrepancy between the General Conditions and the Order Confirmation, the Order Confirmation shall prevail.
Art. 2. Parties to the contract
Parties to the contract are Grezzo Amendola Srl and the consumer customer, whose personal data are indicated in the Order Confirmation sent by GREZZO AMENDOLA SRL: it forms an integral part of the Purchase Agreement. GREZZO AMENDOLA SRL’s data are indicated in Article 1, paragraph 1, letter a, of these General Conditions.
The contract entered into between GREZZO AMENDOLA SRL and the Consumer Client is subject, inter alia, to the specific regulations set forth in Section II (“Pre-contractual information for the consumer and the right of withdrawal in distance contracts and contracts negotiated away from business premises”), Articles 49 to 59, as well as Sections III (“Other consumer rights”), Articles 60 to 65, and IV (“General Provisions”), Articles 66 to 67, of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”).
Art. 3. Subject matter of the contract.
These General Terms and Conditions of Sale for Consumer Customers (“General Terms and Conditions”) govern the purchase, made by Consumer Customers, of the products in the electronic catalog made available on the website cream-crush.com (“Site”), B2C (Business to Consumer) section.
These General Conditions do not apply to contracts concluded with Professional Customers, for whom a dedicated site is reserved. If a Professional Customer nevertheless concludes the sales contract with GREZZO AMENDOLA SRL through the B2C section, it may request the invoice in the “notes” attached to the order or later within 24 hours through the appropriate form.
Art. 4. Purchase procedure and conclusion of the Contract.
The Customer may purchase one or more Products in the electronic catalog of the Site (illustrated and described in the relevant information sheets) by placing them in the “shopping cart” and respecting the technical access procedures referred to on the Site.
The publication of the Products indicated on the Site constitutes an invitation addressed to the Client to formulate a contractual purchase proposal to GREZZO AMENDOLA SRL. Before the actual placing of the order, the Client is shown a page summarizing, among other things, the Products selected, their price and any delivery charges. The General Terms and Conditions and Privacy Policy are viewable, savable and printable before the order is sent.
The order submitted by the Customer has the value of a contractual proposal and, by submitting such order, the Customer acknowledges that he/she has complete knowledge of and accepts these Terms in full.
The Customer is invited to print and keep the order summary shown after sending the order through the Site or, in the case of a purchase by a non-registered Customer (so-called ‘Guest Customer’), to print the order summary sent by email. The “at” field that may be present in the electronic order form may be used by the Customer only to enter any operational indications (e.g., name on the intercom) and will not bind any Party to the Contract in any way, nor may it contain any exceptions to these General Terms and Conditions or otherwise to the contractual terms.
GREZZO AMENDOLA SRL has the right to accept or not, at its own discretion, the order sent by the Client, without the latter being able to make any claims or rights whatsoever, for any reason whatsoever, in the event of non-acceptance of the order. Any acceptance of the Client’s proposal shall be confirmed by GREZZO AMENDOLA SRL by means of an order confirmation e-mail message to the e-mail address provided by the Client.
The Purchase Agreement entered into between GREZZO AMENDOLA SRL and the Client shall be deemed concluded with the sending of the order confirmation to the Client, subject to the verification referred to in Section 5.
The Client acknowledges that the order confirmation referred to in the preceding paragraph is sent as a result of an automated check; if, upon packing and shipping of the Products GREZZO AMENDOLA SRL should find any errors in the catalog or order with respect to the price and / or features and / or availability of a Product, it will promptly notify the Client so as to agree to change or cancel the order.
The Customer, as a consumer, may exercise the right of withdrawal under the terms and conditions of the law, regarding which please refer to Articles 24 (“Right of withdrawal”) and 26 (“Cases of exclusion of the right of withdrawal”) of these Conditions.
The Customer acknowledges that certain products on the site may: be packaged and/or customized in his favor; risk deterioration or expire rapidly; not lend themselves to return for hygienic or health protection-related reasons, if sealed and opened after delivery; by their nature, mix inseparably with other goods, after delivery. Therefore, certain rights due to it, including as a Consumer, may be limited (such as, but not limited to, in accordance with the provisions of Article 26 “Cases of exclusion of the right of withdrawal”).
The order can be considered finally confirmed only after the actual receipt of payment through one of the instruments available on the site (see 8 Payments). In the case of payment by bank transfer, the customer is required to forward the receipt of payment by email to cream-crush@cream-crush.com . The order paid by bank transfer or by Cash Payment c/o tobacco shops, will be processed and prepared only after receipt of payment.
Art. 5. Description and visual representation of the goods
The visual representation of the products on the Site, where available, normally corresponds to the photographic image of the products themselves and/or their characteristics. Said representation has the sole purpose of presenting them for sale, without any guarantee or commitment, on the part of GREZZO AMENDOLA SRL, about the exact correspondence of the image depicted on the Site with the actual product.
In case of any difference between the image and the written product sheet, the description of the product sheet and the correspondence between the product sheet and the label on the delivered product shall always prevail.
Art. 6. Availability of Products.
The Customer may only purchase the goods in the catalog published on the Site and in the quantities indicated therein. Prices and availability of products, as shown on the Site, are subject to change at any time.
Products available for shipment are highlighted on the Site. The Customer acknowledges that, due to the possible simultaneous access to the Site by several users and the time elapsing between the loading of the web page and the insertion in the shopping cart, the actual availability of individual Products may vary significantly during the same day compared to the indications shown on the product page.
When the order proposal is sent by the Client, the Website’s computer system checks the actual availability of the purchased Products and notifies the Client of any unexpected unavailability of one or more Products before the Client makes payment. GREZZO AMENDOLA SRL undertakes to fulfill its obligations in a short time and in any case in the manner and within the terms set forth in Article 15 of these General Conditions; if the delivery time of the ordered product is delayed compared to those indicated on the Site before the order, GREZZO AMENDOLA SRL undertakes to promptly notify the Client by an e-mail message to the address indicated by the Client during the purchase of the products. If it is not possible, for any reason whatsoever, to proceed with the delivery of the purchased products in accordance with Article 15 of these General Conditions, GREZZO AMENDOLA SRL reserves the right to notify the Client of the cancellation of the order.
Art. 7. Prices and delivery charges
Client shall pay GREZZO AMENDOLA SRL the price set forth on the order confirmation page. All Product prices are shown on the Site and are inclusive of VAT only. In case a Product is discounted, the discount percentage, the original or ordinary price and the final price are indicated. Where in some cases a Product may show different prices in different sections of the Site, the price of the Product shall be understood to be the price visible on the Product detail page.
Shipping charges may be free for orders whose amount is equal to or greater than a certain amount displayed on the home page or footer or shopping cart page depending on active promotions and if the delivery address is located in Italy. For orders with an amount equal to or less than that indicated, shipping costs are € 7.90. Delivery charges abroad are € 15.00.
The amount of delivery charges, where due, is indicated on the order summary page shown to the Customer before the order is sent.
Art. 8. Payments
Payments in execution of the Purchase Agreement may be made by cash payment c/o Tobacco Shops (payment method valid only in Italy), payment cards (prepaid, debit, credit), Apple Pay, Google Pay, Amazon Pay, Satispay or bank transfer. The Customer is required to choose, at the time of conclusion of the Purchase Agreement, the chosen payment method.
All PayPal transactions are subject to PayPal’s Privacy Policy.
In case of a severely damaged package upon delivery, the Customer is required to promptly take photographs from multiple angles, both external and internal, and send an email with attachments to cream-crush@cream-crush.com for appropriate reporting.
GREZZO AMENDOLA SRL will compensate the client in the most appropriate ways if the products have been damaged in transit. If, faced with a damaged package, the customer refuses delivery, he will be required to pay the entire order.
Art. 12. Payment by credit card or PayPal
If the Customer proceeds to purchase the products with payment by Credit Card, prepaid or debit card, Apple Pay, Google Pay or PayPal, the buyer’s credit card information will be transmitted and managed by a third party (“Intermediary”), via secure connection directly to the website of the Intermediary handling the transaction. The accepted circuits are indicated on the Site before the order is sent.
The payment procedure by credit, prepaid or debit card, Apple Pay, Google Pay or PayPal is carried out using a secure connection, in which the Customer will find the indication of the amount of the order and must indicate the type, number and expiration date of the credit card. Additional data or security codes may be required in certain cases by the Intermediary (such as, but not limited to, MasterCard SecureCode and Verified by Visa security services). The provision of a telephone number where the Client can be contacted is always required.
In order to protect the client’s security to the highest degree, GREZZO AMENDOLA SRL is never made aware of the credit card number, which is only received by the banking institutions that must provide authorization. GREZZO AMENDOLA SRL is only notified of the outcome of the transaction. No payment card data is, in other words, transcribed on order-related documents and/or stored by GREZZO AMENDOLA SRL.
In case the customer chooses together with the method of payment by payment card (credit, debit or credit card) also the ‘Save for next time’ solution, the credit, debit or prepaid card number (PAN, primary account number) is not fully saved. In case of saving the card, on the next order it will be possible for the Customer to use the same payment card saved previously, or choose a different card.
Art. 13. Payment in cash c/o Tabacchi and Ricevitorie with T-Bonifico service
In case of purchase by the method of Payment in cash c/o Tobacco Shops with T-Bonifico service, as an explicit exception to Art. 15 of these General Terms and Conditions (“Shipping and delivery times”), the order will be processed after the actual receipt of the amount.
The T-Bonifico service, active at many tobacconists, bars and receivers, allows you to pay, in cash or by credit card, the amount corresponding to the order placed at one of the participating outlets, communicating the reason for payment and the IBAN of Grezzo Amendola Srl, which will be communicated at the conclusion of the order and in the confirmation email of the same.
The reason for the bank transfer made through the T-Bonifico service must include the order number and the Customer’s personal details. The Customer must send a copy of the bank account to Customer Service via email to the email address listed below: cream-crush@cream-crush.com.
Payment through the T-Bonifico service must be made by the Client within 2 working days of GREZZO AMENDOLA SRL’s acceptance of the order, after which GREZZO AMENDOLA SRL reserves the right to cancel the order.
The data to make the transfer are also contained in the order confirmation e-mail.
Before going to the tobacconist’s shop, Grezzo Amendola Srl recommends that you print or write down the data necessary to make the payment and hand them to the clerk, so as not to make mistakes.
The charges that the client may have to pay to make the transfer by T-Bonifico (generally, 1 € of commissions) will not be in any way attributable to GREZZO AMENDOLA SRL. The client is kindly requested to inquire in advance at the tobacconist’s or receipt office about the costs he will have to incur to make this type of payment.
Art. 14. Payment by bank transfer in advance
In case of purchase with payment by bank transfer, as an explicit exception to Article 15 of these General Conditions (“Shipping and delivery times”), the order will be processed after the actual receipt of the sum. The reason for the bank transfer must include the order number and personal details of the Customer. The Customer must send a copy of the bank account to Customer Service by email to the email address indicated below: cream-crush@cream-crush.com
The bank transfer must be made by the Client within 2 working days of GREZZO AMENDOLA SRL’s acceptance of the order, after which GREZZO AMENDOLA SRL reserves the right to cancel the order.
The data to make the transfer are also contained in the order confirmation e-mail.
The charges that the customer may have to pay to his bank to make the transfer will in no way be attributable to GREZZO AMENDOLA SRL. The customer is kindly requested to inquire in advance from his own credit institution about the costs he will have to incur to make this type of payment.
Art. 15. Transport documents and invoicing
For each Purchase Contract finalized through the Site, GREZZO AMENDOLA SRL will issue tax receipts regarding the products that will be shipped, available at the private area of each customer accessible at all times on the website cream-crush.com/my-account.
The information provided by the Customer when placing the order will be used for the eventual issuance of the tax receipt. The Customer assumes all responsibility for the correctness of the aforementioned information. No changes in the invoice will be possible after it has been issued.
It is possible to make a request for invoice issuance by entering the data in the order notes or by writing within 24 hours to cream-crush@cream-crush.com
Art. 16. Shipping and delivery times
GREZZO AMENDOLA SRL will fulfill the order normally within 2 (two) working days (except weekends and holidays) from the day of receipt of the same. With the fulfillment of the order GREZZO AMENDOLA SRL entrusts the Products to the courier or forwarding agent of trust for shipment to the address indicated by the Customer, summarized in the order confirmation. Deliveries are made by ground transportation approximately 1 to 7 working days (excluding weekends and holidays). The customer will receive the tracking code by e-mail to the address indicated in the order by the courier after the shipment of the package made by GREZZO AMENDOLA SRL.
In the event that there is a problem with the courier during transportation and the package does not arrive at its destination within the indicative time limit referred to in paragraph 1, Client may promptly report it to GREZZO AMENDOLA SRL, which will attempt to resolve the matter within a reasonable period of time. GREZZO AMENDOLA SRL urges the Client not to contact it before the aforementioned indicative time limit has elapsed, as it would not have the necessary data to be able to profitably activate with the courier company.
The terms of fulfillment and delivery referred to in paragraph 1 are only indicative and not guaranteed, by virtue of the many variables involved, with particular, but not exclusive, reference to the stage of delivery by the courier. In compliance with current regulations, GREZZO AMENDOLA SRL undertakes to deliver the products to the consumer within 30 days from the date of conclusion of the contract. No liability, for any reason whatsoever, can be charged by the Client to GREZZO AMENDOLA SRL if the products are not delivered according to the indicative deadline referred to in paragraph 1.
Delivery times refer to the products in the warehouse at the time of the purchase order. No liability can be attributed to GREZZO AMENDOLA SRL for delays in the delivery of goods due to unforeseeable circumstances or force majeure, as well as in case of strikes, weather events, special holidays, warehouse inventories, relocation of headquarters, changes in information systems and other extraordinary events; they are likely to cause times exceeding the indicative ones in the fulfillment of orders.
In any case, should the delivery time of the ordered Product be delayed with respect to the delivery time indicated on the Site prior to the order GREZZO AMENDOLA SRL undertakes to promptly notify the Client by means of an e-mail message sent to the address indicated by the Client when placing the order.
Art. 17. Delivery of products
All deliveries of products will be at GREZZO AMENDOLA SRL’s risk until the moment when the Client or a third party designated by the Client materially takes possession of them or otherwise in case the courier goes to the delivery address indicated by the Client in the order.
The delivery terms indicated on the Site are given for information only and are intended as average and not binding. GREZZO AMENDOLA SRL undertakes to deliver the products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No liability, for any reason whatsoever, can be charged by the Client to GREZZO AMENDOLA SRL if the products are not delivered according to the terms indicated on the Site.
Unless otherwise communicated to the Client by GREZZO AMENDOLA SRL, the delivery of products shall be understood to be at street level and not on the floor of the home.
For the purpose of making the delivery of the ordered products, the presence of the Client or a person appointed by the Client is required at the place indicated by the Client, who will therefore accept the package on his behalf. Courier delivery times are usually between 8:30 and 19:00. In the event of the Customer’s (or his/her designee’s) absence, the courier will leave a notice with directions so that a different delivery date can be arranged. The BRT courier may, after the first non-delivery attempt due to absent recipient, deliver the package without notice at the nearest BRT FermoPoint pickup point. The package will be marked as delivered and the customer will have no alternative but to pick it up as notified by the courier via the notice received in the mailbox. If the customer refuses to pick up the parcel at the BRT FermoPoint Pickup Point or is unable to pick it up within two weeks, he may be charged by GREZZO AMENDOLA SRL for the cost of storage or return to the sender, anticipated by GREZZO AMENDOLA SRL. Under no circumstances will it be possible for the customer to obtain a refund for the package delivered at the BRT FermoPoint Pickup Point.
The Client is fully aware that it is his responsibility to ensure his presence for the delivery of the package and that, something not present, the delivery may fail, or the package may be delivered to the nearest BRT FermoPoint Pickup Point, even without prior notice.
The Customer agrees and understands that he/she must make all necessary arrangements for proper delivery including: correctly stating the telephone number (the use of which is not mandatory by the courier), the correct name on the intercom, directions necessary to reach the correct intercom, directions on alternative delivery methods at the same address,
If the delivery does not take place for reasons attributable to the Client (e.g., due to his absence and/or his failure to contact the courier in accordance with Paragraph 3), the Client shall be liable to pay the shipping costs incurred by GREZZO AMENDOLA SRL in retrieving the package and shall not be entitled to a refund of the value of the order.
If the customer is not sure that he is at home and has no other place, he may use other stores that perform the retainer service, or choose when ordering the mode of shipment to BRT FermoPoint.
Art. 18. Verification operations upon delivery of the products
Upon delivery of the products by the shipper appointed by GREZZO AMENDOLA SRL, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document present on the packaging and that the packaging itself is intact, undamaged or otherwise altered, even in the sealing materials, checking with particular care for any signs indicating the breakage of the goods.
Under penalty of forfeiture, any damage to the packaging and / or products and / or the mismatch in the number of packages and / or indications must be immediately challenged by the Customer, who must declare, in writing, to the person in charge of the delivery of the products, that they are accepted “subject to control” or indicating that they are “damaged”: failing that, no claim will be accepted. The Customer also undertakes to promptly report, and in any case no later than 24 hours from the date of delivery, to GREZZO AMENDOLA SRL (by e-mail or registered letter with acknowledgment of receipt to the address in Art. 1 of these General Conditions) any and all problems inherent to the integrity, correspondence and/or completeness of the products received, under penalty of forfeiture.
Art. 19. Force majeure and acts of third parties
GREZZO AMENDOLA SRL shall not be liable for cases of force majeure, unavailability of means of transportation, facts of third parties, unforeseeable or unavoidable events that cause a delay in deliveries and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery borne by GREZZO AMENDOLA SRL.
In the cases referred to in the preceding paragraph, GREZZO AMENDOLA SRL has the right to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Agreement. In such cases, GREZZO AMENDOLA SRL undertakes to provide timely and adequate notice of its determinations to the e-mail address provided by the Client, who shall, in such case, be entitled to a refund of any price already paid, excluding any further claim, for any reason whatsoever, against GREZZO AMENDOLA SRL. In this sense, the Client explicitly waives any claim, even by way of mere reimbursement and / or compensation, against GREZZO AMENDOLA SRL.
Art. 20. Custody and storage of products
The products sold by GREZZO AMENDOLA SRL must be kept and stored by the Client using the precautions and expedients necessary for this purpose and related to the nature of the products themselves, and in particular by following the indications expressed in the labels affixed to each product.
Negligence and/or inexperience in the storage of each product may damage it and compromise its qualities. GREZZO AMENDOLA SRL is not liable for any damage to the products sold resulting from incorrect and/or improper storage of the same, with express forfeiture of any warranty.
In case of special weather conditions due to the summer season, GREZZO AMENDOLA SRL cannot be held responsible for the condition of heat-sensitive products.
Art. 21. Warranty
The client Consumer shall enjoy both the ordinary warranty provided by the Civil Code, referred to in this article, and the warranty for any lack of conformity provided by the Consumer Code, referred to in the following article,.
GREZZO AMENDOLA SRL warrants that the Products are free of material and manufacturing defects at departure, however, the typical warranty does not apply to fresh and rapidly deteriorating food products.
Art. 22. Additional legal warranty for the Consumer Customer
In addition to the warranty provided for defects of the thing sold under the provisions in force, up to two (2) years from the delivery of the Products, GREZZO AMENDOLA SRL is liable to Consumer Clients, pursuant to Articles 130 and 132 of Legislative Decree 206/2005, for any defects in conformity of the Products existing at the time of delivery. The lack of conformity is considered to exist if: (i) the product is not suitable for the use for which goods of the same type are customarily used; or (ii) it does not conform to the description or possess the qualities referred to in the sample or model possibly shown by GREZZO AMENDOLA SRL; or (iii) it does not offer the usual qualities and performance of goods of the same type that the Consumer may legitimately expect.
The Client Consumer forfeits the rights granted to him by Article 130, paragraph 2 of Legislative Decree 206/2005 if he does not report to GREZZO AMENDOLA SRL the conformity defect within the term of one (1) week from the date on which he discovered the said defect.
GREZZO AMENDOLA SRL will make every diligent effort to replace at its own care and expense, with other products of the same quality and title available at its warehouses, those Products delivered that are damaged or defective, provided that the same have been returned by the Client in the original packaging (complete with all its component parts). If replacement with the same product is not possible, GREZZO AMENDOLA SRL will refund to Client the amount paid for the product found to be defective by means of a purchase voucher, excluding any further liability of GREZZO AMENDOLA SRL.
Cases of exclusion and limitation of warranty are made explicit in Art. 22 (“Exclusions and limitations of warranty”).
Art. 23. Warranty Exclusions and Limitations.
The shipping costs of sending by the Client to GREZZO AMENDOLA SRL for service shall be borne entirely by the Client, while those related to the return shall be borne entirely by GREZZO AMENDOLA SRL. GREZZO AMENDOLA SRL may unilaterally decide not to take back the defective product and proceed directly to award a purchase voucher of equal value.
The warranty set forth in Art. 17 (“Warranty”) and 18 (“Additional Legal Warranty for Consumer Customer”) is excluded if Customer has damaged the Products through its own willful or negligent conduct, or otherwise if, through its own negligence and/or carelessness and/or for other reasons not attributable to GREZZO AMENDOLA SRL, it has damaged and/or rendered the Products defective, and/or exposed them to natural events, and/or used them improperly and/or without following the technical instructions set forth in any manuals, and/or carried out and/or had them carried out by personnel not authorized by GREZZO AMENDOLA SRL for repairs, interventions or tampering, and/or stored them incorrectly according to what is indicated on each label. The warranty is also excluded if the defects and/or faults and/or malfunctions result from a use of the Products other than that referred to in the Contract and/or for which they were made, or in cases of normal wear and tear or deterioration of parts.
If GREZZO AMENDOLA SRL finds that any defects or faults in one or more of Customer’s Products are attributable, directly or indirectly, to Customer itself, Customer shall be liable to pay the costs of verification incurred for this purpose.
Art. 24. Right of withdrawal
The Customer Consumer has the right to withdraw from the contract, without giving reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Consumer Customer or a third party, other than the carrier and designated by him, acquires physical possession of the products.
In the case of a contract relating to multiple products ordered by the Customer Consumer, in a single order and delivered separately, the withdrawal period shall expire after 14 (fourteen) days from the day on which the Customer Consumer or a third party, other than the carrier and designated by him, acquires physical possession of the package.
To exercise the right of withdrawal, the Consumer-Client is required to inform Grezzo Amendola Srl by email to cream-crush@cream-crush.com.
The Consumer-Client must communicate his decision to withdraw from the contract concluded with GREZZO AMENDOLA SRL by means of an explicit statement, by sending a letter by email to the contact details referred to in the preceding paragraph. To this end, the Consumer Client may freely choose to use the model withdrawal form attached to the Instructions on the Right of Withdrawal.
In order to comply with the withdrawal period, it is sufficient for the Consumer Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Pursuant to Article 54(4) of the Consumer Code, the burden of proof regarding the exercise of the right of withdrawal is on the Consumer Client, so it is advisable that such notice be sent to GREZZO AMENDOLA SRL by registered letter with return receipt to the following address: Via Giacomo Peroni 130, 00131 Rome; or by E.C. to the address nvlabsrl@legalmail.it; or by any other means suitable to prove with certainty the dispatch and receipt of the communication by GREZZO AMENDOLA SRL.
Art. 25. Effects of withdrawal
If the Client-Consumer withdraws from the contract entered into with GREZZO AMENDOLA SRL, he will be refunded all payments he has made, including delivery costs (with the exception of additional costs arising from his possible choice of a type of delivery other than the least expensive type of standard delivery offered by GREZZO AMENDOLA SRL), without undue delay and in any event no later than 14 (fourteen) days from the day on which GREZZO AMENDOLA SRL was informed of the Client-Consumer’s decision to withdraw from the contract.
Said refunds shall be made using the same means of payment used by the Client Consumer for the initial transaction, unless he has expressly agreed otherwise; in any case, the Client Consumer shall not incur any costs as a consequence of such refund. The refund may be suspended until receipt of the goods, or until the Customer Consumer has demonstrated that it has returned the goods, whichever is earlier.
The Client Consumer shall return the goods or deliver them to GREZZO AMENDOLA SRL at the following address: GREZZO AMENDOLA SRL, Via Giacomo Peroni 130, 00131 Rome; without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to GREZZO AMENDOLA SRL his withdrawal from the contract. The deadline is met if the Consumer Client returns the goods before the expiration of the 14 (fourteen) day period.
The direct costs of returning the goods will be borne by the Client.
The Customer Consumer shall be liable only for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the products.
Art. 26. Cases of exclusion of the right of withdrawal
The Consumer Customer may not exercise the right of withdrawal provided for in Article 24 (“Right of withdrawal”) in the following cases: (a) if the goods are custom-made and/or clearly personalized; (b) if the goods are likely to deteriorate or expire rapidly; (c) if the sealed goods, opened after delivery, are not suitable to be returned for hygienic reasons or reasons related to health protection; (d) sealed food products once opened; (e) if the goods, after delivery, are, by their nature, inseparably mixed with other goods.
The Professional Customer may not, under any circumstances, take advantage of any right of withdrawal.
Art. 27. Access Credentials
The Client is required to keep the Access Credentials with the utmost care, confidentiality and diligence, undertaking not to disclose them to third parties. He undertakes to immediately notify GREZZO AMENDOLA SRL of any theft, loss or loss, in whole or in part, of the access credentials or only part of them and in any case their possible unauthorized use by third parties. The Client will be responsible for any damage caused to GREZZO AMENDOLA SRL and/or third parties in dependence of failure to comply with the above.
After 90 days of registration on the Site without any purchases having been made ,GREZZO AMENDOLA SRL reserves the right to delete the accounts of Customers, even without prior notice.
Art. 28. Exemption from liability for content posted by the Client on the Site.
Each Customer, upon registration on the Site, may post comments, reviews and opinions on the Products referred to in the catalog. This functionality may not be used for illicit purposes or in violation of the regulations in force, such as, by way of example but not limited to, to carry out spamming activities or insert defamatory, slanderous, threatening, vilifying content, violation of other people’s privacy and personal dignity, etc.; it is also forbidden to insert propaganda messages, advertising, references to competing sites and companies. The publication of the aforementioned content is carried out free of charge by the Client, who may delete reviews and opinions at any time by accessing the Site with his/her credentials. The Client acknowledges that any content placed on the Site could be deleted by GREZZO AMENDOLA SRL at any time, for example, due to the termination of the sale of the reviewed Product or the closure of the spaces related to comments, reviews and opinions.
GREZZO AMENDOLA SRL has no obligation to monitor the activities carried out by each Client on the Site under this article, as provided for by Legislative Decree No. 70/2003. GREZZO AMENDOLA SRL nonetheless reserves the right to remove any content generated by the Client if it is made aware or otherwise becomes aware of the pursuit of an unlawful purpose and/or the violation of one or more of the aforementioned prohibitions, and/or an express request to that effect is made by a jurisdictional or administrative body and/or a third party who is deemed to be harmed by the aforementioned content. In such cases, GREZZO AMENDOLA SRL will notify the Client of the aforementioned measures in any way and will be entitled to suspend or delete his account even without notice, without prejudice to any other action of recourse against the person responsible for the violations.
Art. 29. Changes
GREZZO AMENDOLA SRL may amend, at any time and without prior notice, the content of these Conditions.
Any changes made will take effect from the date of publication on the Site, as stated in the header of the General Conditions.
In the event of amendments, unless otherwise expressly agreed between GREZZO AMENDOLA SRL and the Client, the General Terms and Conditions in force at the time of entering into the purchase agreement shall remain unaffected for contracts already concluded.
Art. 30. Mild negligence and limitation of liability
GREZZO AMENDOLA SRL shall not be liable for damages, including to third parties, that may be caused as a result of its own negligence.
In no event, any sums owed by GREZZO AMENDOLA SRL for any reason or reason whatsoever may exceed those paid by the Client in execution of the purchase agreement.
Art. 31. Intellectual Property Rights.
All trademarks, as well as any work of genius, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Site shall remain the exclusive property of GREZZO AMENDOLA SRL and/or its assignees, without the access to the Site and/or the conclusion of the Purchase Agreements deriving to the Client any right on the same.
Art. 32. Processing of personal data
GREZZO AMENDOLA SRL is committed to compliance with current legislation on the protection of personal data. The information on the processing of personal data is made available on the Site and in any case viewable and storable at any time before the conclusion of the Contract.
Art. 33. Other Provisions.
All purchases of products and services made through the Site by the Customer accessing it are governed by these General Conditions as well as by the other provisions and operating instructions contained in the Site. In the event of any conflict between what is set forth in the aforementioned provisions and operating instructions and what is contained in the General Conditions, the latter shall prevail.
Art. 34. Complaints and assistance
The Client may make any complaints or request assistance on purchases made by contacting GREZZO AMENDOLA SRL by e-mail at cream-crush@cream-crush.com.
Complaints will be processed by GREZZO AMENDOLA SRL in the shortest possible time; the Client will receive a response within a maximum of 2 (two) working days.
Art. 35. Applicable law, alternative dispute resolution, and place of jurisdiction
Relations arising from the Contract are governed by Law.
GREZZO AMENDOLA SRL informs the Consumer-Client, pursuant to Article 141-sexies, third paragraph, Consumer Code, that in the event it is not possible to resolve a dispute between the Consumer-Client and GREZZO AMENDOLA SRL as a result of a complaint filed directly by the Consumer-Client, GREZZO AMENDOLA SRL will inform him/her about the Alternative Dispute Resolution (ADR) bodies competent to settle such disputes out of court, specifying whether or not it intends to use the aforementioned bodies to resolve the dispute
GREZZO AMENDOLA SRL informs the Consumer Client that, pursuant to Regulation (EU) No. 524/2013, a European ODR platform (so-called ODR platform) has been established to facilitate the out-of-court resolution of disputes, arising between consumers and professionals, concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union. This ODR platform, to which the Consumer Client may have recourse in order to resolve any disputes that may have arisen with GREZZO AMENDOLA SRL, can be accessed via the Internet address https://ec.europa.eu/consumers/odr/.
Regardless of the outcome of the out-of-court dispute settlement procedure that may have been established, the right of the Consumer Client to bring the matter before the Judicial Authority of its place of residence or domicile shall remain unaffected in all cases.
Disputes with Consumer Customers residing outside the Italian territory shall be referred to the jurisdiction of the Court of Rome, as the judge of the place where the Contract is executed.
For any dispute that may arise regarding the application, interpretation and execution of the Contract, the Court of Rome shall have exclusive jurisdiction if the Contract is concluded with a Professional Customer, notwithstanding the violation, in that case, of Article 3 of these General Conditions.