General provisions governing online contractsOctober 11, 2022 2023-06-06 14:45
General provisions governing online contracts
1. General provisions governing online contracts
a) The Terms and Conditions set out herein shall govern the relationship between the company Gianluca Gariboldi S.r.l. – with registered office at 2 Via Monte Grappa, 23876 Monticello Brianza (LC) Italy, Taxpayer Identification Number and VAT no. 04044410134, Economic and Administrative Index No. 415727, e-mail: email@example.com telephone number: +39 339 782 9974 in its capacity as seller and manager of the e-shop located at www.gianlucagariboldi.com, and our client, with whom an online purchase agreement is executed
b) The Terms and Conditions govern the purchase of products from our e-shop.
c) The provisions set out in these Terms and Conditions shall apply to all the clients of this e-shop, without any exception, and shall be considered as known by the clients upon finalizing their purchase.
d) The products visualized on the website can be purchased based on a “distance contract” governed by Legislative Decree no. 206/2005 (the “Consumer Code”) and Legislative Decree no. 70/2003 (E-commerce Decree).
2. Entering into a purchase contract
a) It is possible to enter into a distance purchase contract through this e-shop. The services offered by the Website are reserved for individuals of at least 18 years of age.
b) The purchase prices of the products on the website www.gianlucagariboldi.com include the VAT, any other tax, and shipping costs.
c) In the online purchase contract, the request made by sending the order through the website (e-shop) shall be considered as a purchase contract proposal. The request – or order – shall be valid for 2 days (48 hours) and its receipt shall be confirmed by e-mail.
d) The purchase contract shall be finalized upon our acceptance of the proposal, which will be followed by the shipping of the ordered products and a summary of the transaction sent to the client by e-mail.
e) By clicking on “Buy now”, the order will be sent to the online shop. In case a mistake has been made in filling in the order, it is possible to modify the order by accessing it from the client’s account. The purchase conditions relative to the orders and the orders are retained for ten years.
f) In specific cases only, the seller reserves the right to set the maximum amount of a product that can be purchased.
3. Withdrawal without justification
a) The Law governing online contracts provides that clients may exercise their right of withdrawal without giving any reason or justification.
b) The intention to exercise the right of withdrawal shall be communicated within fourteen (14) days from the delivery of the products.
c) To notify us of your intention to exercise your right of withdrawal, you can write to the e-mail address firstname.lastname@example.org or fill in the withdrawal form that can be downloaded here https://gianlucagariboldi.com/wp-content/uploads/2022/10/Withdrawal-form.pdf
d) In case a client withdraws from a contract, the purchase price of the product will be reimbursed. If the right of withdrawal has been exercised within fourteen (14) days from the delivery date of the product, the client shall be entitled also to the reimbursement of the shipping costs, if any, incurred upon the purchase.
e) The client shall return the products within fourteen (14) days from the date of withdrawal by shipping them to the following address: 2 Via Monte Grappa, 23876 Monticello Brianza (LC), Italy. The client shall ship the products, bearing the shipping costs, through a courier offering traceable delivery services and shall communicate the tracking number to Gianluca Gariboldi Srl by sending an e-mail to email@example.com. In case the returned products are lost/stolen/damaged during their shipping, the client shall file a claim with the courier. In case the seller sent to the client an additional product for no valuable consideration (“gift”) together with the purchased one, the client shall also return the gift. To make the reimbursement, the same payment method used by the client for the original transaction will be used, unless the parties have explicitly agreed otherwise.
f) The amount to be reimbursed shall be transferred to the client within fourteen (14) days from the date on which the products have been returned.
g) The client may not withdraw from the contract if the purchased products have been specifically manufactured according to the requirements provided by the client, or if the products are customized.
h) The client may not withdraw from the contract in case the tamper-evident seals of the purchased product have been removed.
i) The client shall be liable for any loss in the goods’ value where this loss of value can be attributed to a handling of the goods which was not necessary as part of an inspection of the goods’ condition, properties, and functioning.
a) In case the product is defective, the seller may refund the client through a voucher.
b) The client has the right to request the rectification of the defect by delivering a replacement product. In case the rectification of the defect is impossible or not reasonably practicable to our judgment, the client has the right to request a discount on the purchase price or withdraw from the contract.
c) In any event, the seller shall be liable for the defects that may be detected within two (2) years from the date of delivery (legal guarantee of conformity).
d) The products can be considered as defective when they do not have their normal properties, their characteristics do not correspond to the description given, they do not fit with their specific purpose, they do not comply with the regulatory requirements, or they have not been delivered in the agreed upon quantity.
e) Higher sensitivity or allergic reaction, if any, to the delivered products may not be considered to be a kind of defect in itself. Similarly, imperfections, if any, in the gifts or other services provided for no valuable consideration and in addition to the ordered products may not be considered as defects.
f) For any doubt concerning possible claims, please write to the address firstname.lastname@example.org specifying the following:
- Order number
- The purchaser’s given name and family name
- A telephonic contact / e-mail
- Name or code of the product
- Reason of the claim
g) To return the products claimed to be damaged, please send them – without any increase of costs – to the following address: 2 Via Monte Grappa, 23876 Monticello Brianza (LC), Italy.
h) The seller shall inform the client by e-mail of the processing of the claim.
5. Payment and shipping
a) The client can choose the preferred method of payment on our e-shop.
b) The indicated delivery timeframes are merely estimates and do not need to be complied with mandatorily. They are based on the delivery timeframes indicated by the couriers.
c) The method of payment with credit cards prevents the seller and its employees from accessing and knowing the details of the credit card used by the client for the payment.
d) The client is requested to select the preferred type of card among the accepted ones. Then, the client will be redirected to the portal of the bank performing the transaction. The client will be then asked to digit the card number, its expiration date, and the CVV2/CVC2 code. This information will be directly sent to the bank payment portal, which guarantees the encrypted transfer of the data and notifies the seller only of the outcome of the authorization, informing it that the order can be processed.
a) The prices of the products and services include the VAT applicable when the order is shipped. In case of variations in the VAT rate before the execution of the purchase contract or the shipping of the products, the client shall pay the due amount resulting from the difference between the lower VAT included in the price and the higher one imposed on the product. On the contrary, when the applicable VAT is lower than the one included in the price, the seller undertakes to promptly request the customer via e-mail to provide the seller the payment instructions, so that the amount paid in excess can be transferred to the client.
b) By sending the order, the Client accepts to receive an electronic receipt. The receipt shall be sent together with the email concerning the details of the order shipping.
c) The prices, including the discounted one, are valid until further notice or exhaustion of stocks.
7. Governing law and dispute resolution
a) The contract shall be drafted in Italian and shall be governed by the Italian law.
b) Should any dispute arise from this contract, the Client may implement the extra-judicial settlement of conflicts procedure in compliance with the provisions set forth in art. 141 and following of the Consumer Code.