Terms of service

General Provisions

The present conditions are valid exclusively between the company MR. WHIPPY S.A.S. of Di Prisco Salvatore, with legal headquarters at Via Nazionale Passanti, 168, 80040 Terzigno NA, VAT number 07667371210, and any person making online purchases on the website shop.gelateriamrwhippy.it hereinafter referred to as ''CUSTOMER''. These conditions may be subject to changes and the date of publication of the same on the site corresponds to the date of entry into force.

The present conditions govern the purchases made on the site shop.gelateriamrwhippy.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 regarding electronic commerce.

 

ARTICLE 1 - Subject of the Contract

With these general sales conditions, MR. WHIPPY S.A.S. sells and the CUSTOMER purchases at a distance the tangible movable goods indicated and offered for sale on the site shop.gelateriamrwhippy.it. The contract is concluded exclusively through the internet network, by the CUSTOMER accessing the address shop.gelateriamrwhippy.it and placing a purchase order according to the procedure provided by the site itself.

The customer agrees to review, before proceeding to confirm their order, these general sales conditions, particularly the pre-contractual information provided by MR. WHIPPY S.A.S. and to accept them by checking the box indicated.

In the order confirmation email, the CUSTOMER will also receive the link to download and store a copy of these general sales conditions, as provided by Article 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

 

ARTICLE 2 - Pre-contractual Information for the Consumer - Art. 49 of Legislative Decree 206/2005

Before concluding the purchase contract, the CUSTOMER reviews the characteristics of the goods that are illustrated in the individual product sheets at the time of selection by the CUSTOMER.

Before concluding the purchase contract and before validating the order with “payment obligation”, the CUSTOMER is informed regarding: 
- total price of the goods including taxes, with details of shipping costs and any other charges; 
- payment methods; 
- the deadline within which MR. WHIPPY S.A.S. commits to delivering the goods; 
- conditions, terms, and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014; 
- information that the CUSTOMER will bear the cost of returning the goods in case of withdrawal; 
- existence of the legal warranty of conformity for the purchased goods; 
- conditions of after-sales assistance and commercial guarantees provided by MR. WHIPPY S.A.S.

The CUSTOMER can at any time and in any case before concluding the contract, become aware of the information regarding MR. WHIPPY S.A.S., the geographical address, phone number, email address, information that is also provided below:

 

MR. WHIPPY S.A.S. of Di Prisco Salvatore

Via Nazionale Passanti 168

80040 Terzigno (NA)

TEL. 089224466

info@gelateriamrwhippy.it

 

ARTICLE 3 - Conclusion and Effectiveness of the Contract

The sales contract is considered concluded with the sending by MR. WHIPPY S.A.S. to the CUSTOMER of an order confirmation email. The email contains the CUSTOMER's data and the order number, the price of the purchased goods, shipping costs, and the delivery address to which the goods will be sent, as well as the link to print and store a copy of these conditions.

The CUSTOMER agrees to verify the correctness of the personal data contained therein and to promptly communicate any corrections to MR. WHIPPY S.A.S.

MR. WHIPPY S.A.S. commits to describing and presenting the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies, or small differences between the site and the actual product may arise. Furthermore, the photographs of the products presented on shop.gelateriamrwhippy.it do not constitute a contractual element, as they are only representative.

MR. WHIPPY S.A.S. commits to delivering the goods within 30 days from the sending by MR. WHIPPY S.A.S. of the order confirmation email to the CUSTOMER.

 

ARTICLE 4 - Availability of Products

The availability of products refers to the actual availability at the moment the CUSTOMER places the order. This availability must still be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products may be sold to other CUSTOMERS before the order confirmation.

Even after the sending of the order confirmation email sent by MR. WHIPPY S.A.S., there may be cases of partial or total unavailability of the goods. In this event, the order will be automatically corrected by removing the unavailable product and the CUSTOMER will be immediately informed via email.

If the CUSTOMER requests the cancellation of the order, resolving the contract, MR. WHIPPY S.A.S. will refund the amount paid within 14 days from the day MR. WHIPPY S.A.S. became aware of the customer's decision to resolve the contract.

 

ARTICLE 5 - Payment Methods

All payments by the CUSTOMER can only be made via the credit cards indicated on the site shop.gelateriamrwhippy.it, by bank transfer, or by PayPal payment method. In case of payment by credit card and PayPal, the Customer will be redirected to the PayPal payment platform, where they can make the payment securely. The PayPal platform directly manages the data entered on its website to make the payment. MR. WHIPPY S.A.S. does not collect any data related to the Credit Card used or related to the access codes for the "PayPal" payment method. This information is collected directly by the PayPal payment system. The actual charge will occur at the time of sending by MR. WHIPPY S.A.S. of the order confirmation email.

 

ARTICLE 6 - Prices

All selling prices of the products indicated on the site shop.gelateriamrwhippy.it are expressed in Euros and include VAT.

Shipping costs are not included in the purchase price but are indicated and calculated at the time of concluding the purchase process before making the payment.

The CUSTOMER accepts the right of MR. WHIPPY S.A.S. to change its prices at any time; however, the goods will be invoiced based on the prices indicated on the site at the time of order creation and indicated in the confirmation email sent by MR. WHIPPY S.A.S. to the CUSTOMER.

In case of a computer, manual, technical error, or any other nature that may result in a substantial change, not foreseen by MR. WHIPPY S.A.S., of the public sale price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled, and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.

 

ARTICLE 7 - Right of Withdrawal

According to and for the effects of the Consumer Code, as amended by Legislative Decree no. 21/2014, the Customer has the right to exercise the right of withdrawal, without any penalty and without specifying the reason, within 14 calendar days from the date of delivery of the purchased good. To exercise this right, the Customer must send, within the indicated terms, a PEC email to the address info@gelateriamrwhippy.it or a letter by registered mail, indicating their data, namely Name, Surname, Address, Order Number, phone, description of the product(s), any IBAN code and account holder where the refund is requested to be made.
As soon as this communication is sent, the CUSTOMER must send, at their own expense and with a courier of their choice, the product they wish to return, including in the shipment a form (see below) with their data that must be the same as those sent in the communication to exercise the right of withdrawal.
The direct costs of returning the products are borne by the CUSTOMER. The cost is estimated to be a maximum of about 30.00 (thirty/00) euros. The returned product must arrive at MR. WHIPPY S.A.S. within a maximum of 14 calendar days from the date on which they communicated the withdrawal. Once the returned product is received, MR. WHIPPY S.A.S. will proceed to refund the price paid for the product(s) for which the right of withdrawal has been exercised, within 14 calendar days from the day the decision of withdrawal was communicated, provided that the good subject to withdrawal has arrived at the company, or proof of shipment via courier has been provided.
The customer will be held responsible, and therefore not compensable, for the decrease in value of the goods resulting from handling other than that strictly necessary to establish the nature and characteristics of the good. For personal use products, for hygiene and health reasons, it is not possible to return products that have already been used.

The goods must be returned to:
MR. WHIPPY S.A.S. – Via Nazionale Passanti, 168, 80040 Terzigno NA,
All risks related to the transport of the returned product are borne by the Customer.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any accessories) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, MR. WHIPPY S.A.S. will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs. As provided by Article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, MR. WHIPPY S.A.S. may suspend the refund until the goods are received or until the CUSTOMER provides proof of having returned the goods to MR. WHIPPY S.A.S.
MR. WHIPPY S.A.S. will execute the refund using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise their right of withdrawal, they must provide MR. WHIPPY S.A.S., by accessing the contact us section, with the bank details: IBAN, SWIFT, and BIC necessary for the refund to be made by MR. WHIPPY S.A.S.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmitting the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory) the text of which is reported below:

Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(fill out and return this form only if you wish to withdraw from the contract)

MR. WHIPPY S.A.S. of Salvatore Di Prisco

Via Nazionale Passanti, 168
80040 Terzigno NA
Phone: 089 224466
Email: info@gelateriamrwhippy.it
WhatsApp: +39 393388791274

 

Subject: return communication
Order number: (indicate the order number related to the purchased good(s))
Purchaser's data: (indicate name, surname, address, phone, email)
Product for which the right of withdrawal is exercised: (indicate brand, name, and format of the product and product code as per order summary sent in the original shipment)
In case of purchases made by bank transfer or cash on delivery also indicate:
IBAN code: (indicate the IBAN number of the current account where the refund is intended to be credited) 
Account Holder: (Indicate the account holder of the current account where the refund is intended to be credited).
Date
Signature

 

ARTICLE 8 - Legal Warranty of Conformity

In case of receipt of products not conforming to the orders or defective, the CUSTOMER has the right to restore the conformity of the product at no charge by means of repair or replacement of the product. The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the good and reports the defect to MR. WHIPPY S.A.S. of Di Prisco Salvatore within two months from the discovery.

 

ARTICLE 9 - Delivery Methods

The products will be delivered via express courier to the address indicated by the CUSTOMER at the time of the order within and no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation email sent by MR. WHIPPY S.A.S. of Di Prisco Salvatore.

For every order placed on the site shop.gelateriamrwhippy.it, MR. WHIPPY S.A.S. of Di Prisco Salvatore issues a sales receipt (shipping note) for the goods shipped. The invoice related to products purchased by individuals is not issued as it concerns sales operations not subject to the obligation of fiscal certification pursuant to Article 22 paragraph 1 no. 1 of Presidential Decree 633 of 1972 and Article 2 of Presidential Decree 696 of 1996. All customers are sent an order summary that has the same fiscal and legal value as a traditional receipt. The invoice is available upon request during the order completion phase; subsequently, upon fulfillment of the order, the CUSTOMER will receive the invoice via email. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the issuance of the invoice, it will not be possible to make any changes to the data indicated therein. It is not possible to request an invoice after completing the order without checking the appropriate box “Request Invoice”.

 

ARTICLE 10 - Liability

MR. WHIPPY S.A.S. of Di Prisco Salvatore assumes no responsibility for disruptions attributable to force majeure or fortuitous events, even if dependent on malfunctions and disruptions of the internet network, in the event that it is unable to execute the order within the times specified in the contract.

 

ARTICLE 11 - Access to the Site

The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of MR. WHIPPY S.A.S. of Di Prisco Salvatore and are protected by intellectual property rights.

 

ARTICLE 12 - Cookies

The website shop.gelateriamrwhippy.it uses ''cookies''. Cookies are electronic files that record information related to the CUSTOMER's navigation on the site (pages viewed, date and time of consultation, etc.) and allow MR. WHIPPY S.A.S. of Di Prisco Salvatore to offer a personalized service to its customers.

MR. WHIPPY S.A.S. of Di Prisco Salvatore informs the Customer of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. It is understood that this may prevent the Customer from proceeding with online purchases.

 

ARTICLE 13 - Completeness

These General Sales Conditions consist of all the clauses that compose them. If one or more provisions of these General Sales Conditions are considered invalid or declared as such under the law, regulation, or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.

 

ARTICLE 14 - Applicable Law and Jurisdiction

These General Sales Conditions are governed by Italian law.

Any dispute that cannot be resolved amicably will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located within the territory of the State.

In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these sales conditions.

 

ARTICLE 15 - European Platform for Dispute Resolution

Consumers residing in Europe are informed that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve non-judicially any dispute related to contracts for the sale of goods and services concluded online and/or arising from them. Consequently, if you are a consumer established in Europe, you can use this platform to resolve any dispute arising from the online contract concluded on this site.