General conditions of sale

The website is operated by GELATO-GELATO INT S.L. , registered in Madrid at Registro Metrcantil Central number 19042123, whose registered office is: Plaza Músico Óscar Tordera Iñesta, 11 03004 Alicante 

1. Conditions of Application

These general conditions of sale and delivery (hereinafter GTC) apply to professional buyers wishing to acquire for the purposes of their professional activity, the products offered for sale by GELATO-GELATO INT (hereinafter referred to as Seller), on its website (hereinafter referred to as the site) whatever the order process (post, telephone, e-mail or via the site).

Our general conditions of sale and delivery, listed below, as well as our special conditions included in our offers and quotes, are deemed to be accepted by our customers.

Our General Terms and Conditions are available on the Site, and can be sent to the customer by email or post on request.

When the customer accepts the GTC by checking the box «I have read the general conditions of sale and I accept them» prior to the validation of each order, the latter recognizes by this act, have read and understood these GTC and accept them without restriction or reservation.

Our General Terms and Conditions take precedence over any conditions or other contractual terms contained in the commercial documents issued by the Customer, except with the written agreement of the manager or an employee who has received power of attorney in this regard.

Any commitment made by our employees or representatives is valid only if it is ratified in writing by the manager or by an employee who has received power of attorney in this regard.

2. Products

Products may be deleted or modified without notice.

The Site presents the main characteristics of the products offered for sale.

Each product is accompanied by a description drawn up by the supplier. On the technical sheets of the products, where they exist, the characteristics of the latter are presented, which the Customer must read.

The information and characteristics of the products are those given by the seller’s supplier.

The seller cannot be held responsible for the erroneous data that would be transmitted by the supplier.

The characteristics, dimensions, capacities, weights, photographs and graphics presented on the Site or in the emails sent by the Seller are only indicative and not contractual.

The photographs in the catalogue are as faithful as possible but cannot guarantee a perfect similarity with the product offered.

The seller cannot be held liable for the difference in perception of shapes and colours between the photographs or graphics presented and the products.

The choice and purchase of the product is under the sole responsibility of the customer.

3. Orders

Any order of product by phone or via the site implies on the part of the customer the full and unreserved acceptance of these GTCS that the customer acknowledges beforehand to have read, understood and accepted.

Gelato-Gelato Int reserves the right to refuse certain orders without any obligation to explain the reasons.

All orders received by post, telephone, e-mail or via the site will be after acceptance by the seller, considered firm and final.

Requests for changes, additions, deletion or other arrangement of a firm and final order must be the subject of an express agreement by the seller.

In the absence of this agreement, the initial order remains and its amount is due.

The customer is responsible for the accuracy and completeness of the information stated when placing an order.

The seller cannot be held responsible for the technical specifications, characteristics and references stipulated by the customer in the context of placing the order if they prove to be inadequate or erroneous.

In the same way, the seller cannot be held responsible for any delays or additional delivery costs induced by an error or inaccuracy of the customer as to the indication of the exact delivery address.

In these cases, the costs incurred by the seller, including forwarding the order, will be borne by the customer.

The seller can not be held responsible in case of impossibility of delivery due to impossibility of access to the place of delivery, or impossibility/ refusal to unload the products at the place of delivery.

In these cases, the costs incurred by the Seller, including forwarding the order, will be borne by the customer.

The customer must therefore check that access to the place of delivery is suitable for a semi-trailer. For hard to reach areas (mountains, islands) please contact us.

In the case of ordering large equipment, the customer must provide human and material resources. Indeed some carriers deliver the goods "in front of the door".

Finally, in the case of a horizontal or wall-mounted display case, the customer is informed that a handling equipment may be necessary for the unloading of the goods.

4. Delivery

The custody of the product and the related risks (deterioration, loss, theft, total or partial destruction, damage that may be caused by the product, etc.) are transferred to the customer as soon as the product is delivered to the latter in the premises of Gelato-Gelato Int, or upon removal of the product by the carrier.

Deliveries, even free of postage, are made at the risk of the customer.

The customer must therefore, in the event of damage or missing, imperatively appeal to the last carrier by detailed reservations (On this point refer to 4.3.)

4.2 -Delivery times

In case of late delivery, the responsibility of the seller cannot be engaged whatever the cause. Thus, no request for cancellation of order, compensation of any kind, or withholding of the price can be claimed by the buyer.

However, unless expressly agreed by the customer accepting an extension of the delivery times, any delay in delivery exceeding forty-five (45) days may result in the termination of the sale. The deposits paid or the payment made to the order will be returned to the buyer. In any case, delivery can only take place if the customer is up to date with his obligations towards Gelato-Gelato Int.

4.3 Claims

During delivery, the customer must check the following points in the presence of the carrier:

Quantity and condition of packages

The conformity of the material

The condition of the goods in the packages

If the goods comply, the customer must date and sign the delivery note and enter his name.

It is expressly brought to the customer’s attention that the mention “subject to unpacking” has no legal value.

Packaging in good condition does not mean that there is no damage.

If the goods do not comply:

The customer must mention on the delivery note precisely the missing or damage found in the presence of the driver

The customer must notify us immediately by email at 

In the event of non-compliance with the procedure indicated above, no refund or claim can be taken into account by Gelato-Gelato Int after delivery.

4.4 Delivery costs

The customer is responsible for the packaging and delivery costs. Gelato-Gelato Int always sells from the ExW manufacturer.

All deliveries go to the front door, on the ground floor, unpacking, installation and connection to the networks (water, gas, electricity) not included.

5. Responsibility

Gelato-Gelato Int cannot be held liable for any damage, whatsoever, arising from abnormal use of its products.

The liability of Gelato-Gelato Int in the event of non-performance of one of its contractual obligations may under no circumstances, excluding the cost of providing replacement products for products found to be defective, exceed 10% of the amount excluding tax of the order.

This agreed amount reflects the distribution of risk and the resulting limitation of liability.

6. Force Majeure

All the facts of the prince, as well as circumstances such as: strike, fire, flood, "lock-out", bad weather, shortage of fuel or means of transport, breakage of machinery, etc. and which are to be regarded as force majeure when they make supplies impossible, difficult or significantly more expensive than at the time of conclusion of the contract; these cases of force majeure above allow the seller to terminate the contract in whole or in part without any obligation of compensation.

7. Guarantee

Our goods are guaranteed according to the conditions of the manufacturers, against any manufacturing defect, provided that this defect does not result from normal wear, negligence, maintenance fault (descaling, dust removal, etc.) or improper use.

The warranty granted to distributors is limited to the replacement of spare parts for refrigerators, freezers, refrigerated display cases, ice machines and cooking equipment.

The warranty does not apply to: wear parts, tempered glass, electric contactors, indicator lights, bulbs and electric motors not protected by a circuit breaker.

The products must be installed by a professional.

In case of service, an invoice justifying the professional installation will be required.

The liability of Gelato-Gelato Int is strictly limited to the delivery of the product and the repair, replacement or refund (choice) of the defective products during the warranty period. Outside the area of metropolitan France the shipping costs are the responsibility of the customer.

In no event shall Gelato-Gelato Int be held liable for any other damages such as loss of income, loss of customers, loss of goods or other that would be due to late or incorrect delivery, negligence, material error, product defect or any other cause.

No replacement machines can be put on loan during the repair period.

The specifications and appearance of certain delivered products may differ slightly from the presentation in the catalogue or on the site, without giving rise to any claim, refund or compensation.

Non-compliant goods must be reported to Gelato-Gelato Int by email at within 7 days of delivery, and damaged goods within 48 hours of delivery, after having been the subject of detailed reservations when delivered in the presence of the driver.

Any complaint from the customer that does not comply with this procedure, and in particular the aforementioned mandatory deadlines of 7 days and 48 hours, and the realization of written reservations upon delivery, prevents replacement or establishment of the asset corresponding to deteriorated or non-compliant products.

8. Out of Warranty Repairs

Gelato-Gelato Int does not take back or repair items out of warranty.

9. Price

Prices are net in euros. Prices are exclusive of VAT and are indicative. They may vary without notice.

10. Payments

The goods are payable in cash by any means of payment made available on this website (see Payment Methods).

11. Right of Withdrawal

The buyer being a professional, there is no need to apply the right of withdrawal provided for by the Consumer Code.

12. Litigation

These Terms and Conditions and the contracts subject to them are governed by Spanish law.

In case of dispute, only the Courts of the registered office of the seller are competent.