1. Definitions
- "Seller": means GAESCO
S.r.l., registered office P.zza Colonnello Bellazzi, 7 - 27025
Gambolò (PV) ITALY, P.IVA 07398390968, administrative office
Vigevano, Via Ceresio n. 35 / G Pec:
gaesco@pec.gaesco.it
- "Buyer" means the natural or legal person from whom the
Seller receives the purchase order following a telephone contact or
consultation of Seller's
site;
- "Parties" mean, collectively, the Seller and the
Buyer;
- "Site" means the Seller's website: www.gaesco.it
www.tuttoscaffali.it
www.tuttoarmadietti.it
-
"Products" means products supplied by the
Seller;
-
"Contract" means the Contract of Purchase of the Products
bought by the Buyer through the use of the Site or via telephone
contact;
- "General
Terms of Sale" or "General Terms" means the terms and
conditions of purchase as indicated below.
2. General
provisions
2.1 These General Conditions constitute an integral and substantial
part of the Contract concluded between Seller and
Buyer.
2.2 The Buyer declares that he has read or taken note of all the
information provided during the purchase procedure of the Products
and accepts the full terms and conditions of sale
hereunder.
2.3 The Buyer shall be required to print or save an electronic copy
and in any case retain these Terms and Conditions. A copy of these
General Terms and Conditions will however be sent to the Buyer by
e-mail together with the receipt of order
confirmation.
2.4 These General Terms and Conditions prevail over any terms and
conditions set forth by the Buyer, subject to written acceptance by
the
Seller.
2.5 Seller reserves the right to modify, supplement, or modify
these General Sales Terms; such modifications, additions and
variations will be valid from the date of publication on the Site.
Buyer will always be subject to the General Terms and Conditions
published on the Site at the time the order is
executed.
2.6 In any event, the invalidity or ineffectiveness of one or more
of these General Conditions does not in any way imply the validity
or effectiveness of the other Terms of the
Contract.
2.7 For all matters not covered by these General Conditions, the
Parties expressly refer to the applicable legal
provisions.
2.8 These
General Sales Conditions are written in two languages: Italian and
English. In the event of any doubt, the Italian version will
prevail.
3. Orders and Order
Confirmations
3.1 Buyer may purchase the Products
from the electronic Catalog of the Site and those otherwise offered
by the Seller's technical advice service. Purchasing methods
are:
- via telephone contact: the Buyer
will receive by fax or by e-mail the order form which must be
returned filled out and signed;
- online purchase through the
website: the correct receipt of the order form will be confirmed by
the Seller by e-mail, e-mail communicated by Buyer or other means
(fax / telephone).
In order for the buyer to procede with the purchase, first, he/she
has to read and accept these Terms and Conditions through the
relevant check box on the
Site.
3.2 Buyer can not
place orders below Euro 50.00, excluding VAT and delivery
charges.
3.3 Orders and
requests for supply, in any form forwarded by Buyer to Seller,
constitute an irrevocable contractual proposal in favor of the
Seller, which reserves its own unquestionable judgment of refusing
the order if it considers that the conditions of supply are not
acceptable. Any Seller's direct and / or indirect liability,
contractual or non-contractual liability, is expressly excluded if
it decides not to accept, even partially, a Buyer's
order.
3.4 A purchase
made verbally or by telephone must be subsequently confirmed in
written by the Buyer. Otherwise, the Seller assumes no liability
with respect to possible mistakes or possible misunderstandings.
Requests for modification of an order confirmed by the Seller,
received no later than two (2) days after the order confirmation
has been issued, shall entail the Buyer's application of a "Service
Charge for modifiying of orders", whose amount will be communicated
by the Seller from time to time upon written acceptance of the
request.
3.5 The supply
includes only the information indicated in the order confirmation
or any subsequent written modification of the
order.
3.6 The order
confirmation indicates the payment methods allowed for the sale of
the Products. Different ways will not be recognized unless
explicitly accepted in writing by the seller.
4. Product
Specifications
4.1 All drawings, photographs,
illustrations, descriptions, technical data and any other
information and information regarding the Products found on the
Site and / or otherwise provided by the Seller are indicative. As a
result, the Products delivered to the Buyer may have some
modifications, even on the basis of production needs, but the
essential features and functions of the Products will remain
unchanged. Any substantial changes will be promptly communicated to
Buyer.
4.2 Failure to
Match Products in accordance with this Article may not constitute a
vice or lack of conformity or cause any liability for the
Seller.
5. Prices, Terms and Conditions
of Payment.
5.1 The costs of the products refers
to the current price list at the time of Buyer's acceptance of the
offer or on the issue of order confirmation from the Seller. The
quotes offered will remain effective for a period of 30 days from
the date of issue.The Seller reserves the right to modify the
ongoing prices at any time in the event of any increase in the cost
of raw materials, workforce or any other factor resulting to a
significant increase in production
costs.
5.2 Prices of
Products are to be understood net of VAT, additional charges
(stamp, customs fees, etc.) and transport costs, except for
Products where "Shipping Included" is expressly
indicated.
The amounts
indicated in the order confirmation must be fully paid by the
Buyer, in the express terms agreed in writing with the Seller. The
Buyer can not apply discounts or make any kind of compensation,
unless after the Seller's written permission to do
so.
5.3 In addition to
other remedies provided by law or by these General Sales
Conditions, in the event of a delay in payments, the Seller
reserves the right to apply interest on arrears on sums still due,
calculated from the due date of payment with the official rate of
reference of the European Central Bank, increased by eight
percentage points. The Buyer will also be charged for all the costs
incurred for the recovery of the sums owed. In the event of payment
delays, the Seller has the right to suspend or cancel ongoing
orders.
5.4 In the case
of payments agreed upon in a dilatory manner, if atleast one
installment is not paid on time, the Seller may immediately demand
for the full price withholding from the Buyer's term and without
notice. Alternatively, the Seller shall have the right to terminate
the Contract by a simple written communication and suspend any
further delivery and by retaining any sums already received by the
Buyer for damages.
5.5
For purchases made by a natural person, after the payment, Seller
will issue a tax receipt or a receipt if no invoice is expressly
requested in writing by Buyer. After 10 calendar days from order
confirmation, an invoice request will no longer be
possible.
6. Shipping and
delivery
6.1 The Seller makes deliveries
throughout the country and in Switzerland. In case of requests for
deliveries in other areas, the Seller reserves the right to accept
or not the orders
received.
6.2 Shipping
costs are the sole responsibility of the Buyer except for the
Products for which "Shipping included" is expressly indicated. In
any case, the Buyer shall bear the shipping costs of Products with
the indication "Shipping Included" in case of shipment to Minor
Islands, Disadvantaged Locations, Free Zone, Restricted Traffic
Zones, San Marino Republic and Swiss territory. In such cases, the
amount of shipping costs will be expressly stated in writing by the
Seller in the order
confirmation.
6.3 Unless
otherwise agreed upon written order confirmation, unloading,
positioning, the delivery to any floor level and assembly of the
Products shall always be excluded from transportation
charges.
6.4 The Products
always travel on Buyer's behalf and risk. The Seller can not
therefore be held liable for any deterioration, failure, delays,
fines and / or other prejudices and damages of any kind during the
transport. At the time of delivery of the Products, the Buyer has
the responsibility of carrying out the necessary checks and
denouncing any damage at any time by means of a specific
reservation on the delivery note of the courier. In case of
non-recognizable damage at the time of delivery, the Buyer must
report them promptly to the carrier and no later than eight days
after receipt.
6.5 It is
understood that if Buyer refuses to accept deliveries of Products
with damaged packaging, he / she shall immediately notify the
Seller by fax to 0381 630208 or by email at:
spedizioni.gaesco@gmail.com.
6.6 The delivery terms in the order confirmation are indicative and
do not bind the Seller. Delivery terms are also automatically
extended:
- if the Buyer does not provide in
sufficient time the necessary data for the supply, or requests of
any modification in execution or delays in responding to the
Seller's approval of drawings and executive schemes;
- if the Buyer fails to comply with
the payments.
6.7 Out of
the foregoing cases, in the event of non-delivery of Products over
90/120 days from the Order Confirmation, the Buyer shall have the
right to withdraw from the order by means of a simple written
communication to Seller, provided that no claim of compensation can
be made by the Buyer against the
Seller.
6.8 In the event
of delays in delivery due to force majeure or other unpredictable
events not attributable to the Seller, including, without
limitation, strikes, encumbrances, provisions of the public
administration, export or import blocks, no liability may be
attributed to the
Seller.
6.9 The Seller
reserves the right to make partial
deliveries.
6.10 Delivery
by courier is done during working hours; the Buyer must then
indicate at the order form an address where the presence of someone
is guaranteed for the unloading of the Products; in case of
unsuccessful delivery the Products will be stored in the courrier's
warehouse with subsequent delays in delivery and the Buyer will be
charged for the custody
costs.
6.11 Seller shall
not be liable for failure to deliver the Products due to Buyer's
refusal to unload, incorrect address or incorrectly entered or
other causes not attributable to the
Seller.
6.12 The Seller
will not provide shipping insurance for the Products unless
requested and expences will be charged to the Buyer.
7. Warranty
7.1 Products purchased on the Site by
a Buyer referred to as "consumers" pursuant to art. 3 of
Legislative Decree 206/2005 (or a Buyer, a natural person who acts
for purposes other than business, commercial, craft or professional
activity) is covered by 24 months warranty / defect of conformity
from the date of delivery. The warranty will only work if the Buyer
has entirely paid the purchased products. In any case, the Buyer
shall be deprived of the right to a warranty if he does not
denounce the defects to the Seller within two months of discovery
or delivery in the event of apparent defects. The buyer must keep
the invoice or equivalent document in order to be able to take
advantage of the
warranty.
7.2 The
warranty only applies to products used correctly and in accordance
with their intended use; any improper use of the Products shall be
deemed prohibited and shall exclude the warranty, as well as for
any tampering, modification, or replacement of parts of the
Products not authorized by the Seller.
The warranty does not cover damage caused by normal use and tear
and / or lack of maintenance by the
Buyer.
7.3 The Buyer must
disclose the Product defects within the terms of Art. 7.1 which is
preceded in writing by a registered mail A / R to be sent to the
administrative office of the Seller in Vigevano, Via Ceresio n.
35/G or via fax 0381 630208 via pec at the following address:
gaesco@pec.gaesco.it, indicating clearly and
unambiguously the type of conformity
defect.
7.4 Following the
aforementioned communication, the Seller will, either directly or
possibly also by means of inspections of experts responsible for
this task, verify the existence of the defect. In the event of the
existence of warranty conditions, the Seller will provide
replacement or repair of the Product or, if the repair or
replacement becomes too expensive, to reduce or redeem the price
paid by the Buyer.
The Seller can not be held liable for any direct and / or indirect
damages arising from defects and / or defects in the Products'
conformity.
7.5 If the Buyer choose to repair the
Product, this will be done by the Seller at his registered office,
branch office or authorized reseller. The Buyer will need to obtain
a Return Order to the Seller by fax (0381/630208) or email (
spedizioni.gaesco@gmail.com).
Only after the confirmation of the authorization has been made,
the Buyer may send the defective Product with a "repair account"
reason to the Seller's registered office, affiliate or reseller.
The Seller will then send the Buyer (s) the repaired Product (or
the new Product in case of replacement) bearing the costs of the
shipment.
7.6 Parts
Replaced by the Seller for Warranty Products remain Seller's
property, and replaced parts of non-Warranty Products remain the
property of the Buyer, who may, within 15 days of repair /
replacement, retire or give order that they be forwarded at their
own expense; the Seller is entitled to dispose them without any
compensation.
7.7 In the
case of Non-Definible Buyers such as "Consumers" pursuant to art. 3
of Legislative Decree 206/2005, in case of defects of the Products,
the civil code's articles 1490 and following will be applied.
The Products will therefore be covered by a warranty for a period
of one year from the date of delivery and the Buyer will have the
burden of denouncing the defect within 8 days from the discovery
date, pending the decay of its action.
8.
Confidentiality
8.1 Buyer agrees to keep confidential
and not to disclose to third parties, where it is not strictly
necessary for the legitimate use of the Products and / or the
execution of the Contract, any information or technical data
regarding the Products purchased, their operation or use, as well
as any administrative or commercial information relating to the
Seller to whom it has become aware during the Contract
(hereinafter, collectively, the "Confidential
Information").
8.2
Reserved Information may not be reproduced and / or disclosed
without the prior written consent of the Seller who, in the event
of violation of this Article, reserves the right to act in the
appropriate locations to enforce its rights.
9. Property
Reserve
9.1 The Products supplied remain
fully owned by the Seller until the date on which the Buyer has not
paid the full price of the products and any sums due to the Seller.
Until such time, the Buyer, if he or she already has recieved the
Products, will have to ensure proper
custody.
9.2 If, during
the course of its business, the Buyer is to sell the Products or
new products provided by the Seller and did not provide a full
payment, the Seller shall be entitled to all proceeds up to the
collection of the full price due by the Buyer to the Seller for the
supply of the Products.
10. Industrial and intellectual
property
10.1 Any intellectual property right
relating to the provision of the Products shall remain fully and
exclusively property of the Seller.
11. Testing
11.1 All Products are subject to
final testing prior to delivery. Any additional and / or special
testing must be expressly requested in writing by Buyer in the
puchase order. Additional and / or special tests are subject to
written acceptance by Seller and, if executed, will be the Buyer's
sole responsibility.
12. Right of
Withdrawal
12.1 Pursuant to the Consumption Code
(Legislative Decree 206/2005), the right of withdrawal applies only
to the definible "consumer" purchaser in accordance with the law;
then it's the Seller's discretion to acknowledge this right the
non-qualifying "consumer"
Buyer.
12.2 Subject to
the exceptions provided for in art. 59 of the Consumption Code, the
Buyer "consumer" has a period of fourteen days from the delivery of
the Products to terminate the Contract without giving any
reason.
12.3 In order to
exercise the right of withdrawal, the Purchaser must send a written
notice to the Seller within 14 days of receipt of the product via
registered post mail A / R or a fax to number 0381 630208 regarding
his decision to exercise the right to withdraw from the Contract.
In the event that the Buyer has already received the Products, they
must be delivered to the Seller within fourteen days from the date
on which the Buyer has informed the Seller of his/her wish to
exercise his/her right of withdrawal. The costs of returning of the
Products are the sole responsibility of the
Buyer.
12.4 The Products
must be returned to the Seller, in perfect condition, unused and
complete with accessories, in their original packaging. On arrival
at the warehouse, the Products will be examined to assess any
damages or tampering, derivative either from the trasport or not.
The Buyer is responsible for the diminution of the value of the
Products resulting from a manipulation other than the necessary to
establish the nature, characteristics and operation. Therefore, if
the returned Products are damaged, incomplete with their
accessories, as well as the attached instructions / notes /
manuals, the original packaging and the Warranty Certificate, if
any, the Buyer will respond to the decrease in the value of the
Products and will be entitled to the refund of the amount paid only
to the extent of the residual value of the Products. Shipping costs
will also be borne by the
Buyer.
12.5 In the event
of exercise of the right of withdrawal by the Buyer, the Seller
will reimburse the payments received, without repayment of
interest, within 14 days of receipt of the Buyer's decision to
terminate the Contract. In the event that the Buyer has already
received the Products, the Seller may withhold the refund until the
Buyer has returned the Products and verified that they have not
suffered any damages. The Seller will not reimburse the additional
costs if the Buyer has chosen a more expensive Delivery form than
the one offered by the
Seller.
12.6 The right of
withdrawal referred to in this Article shall apply to the Products
in its entirety; it is not possible to withdraw only parts of the
Products (eg
accessories).
12.7 The
right of withdrawal may not be exercised in the case of specially
packed or clearly customized Products.
13. Treatment of
Personal Data
13.1 Personal Data ("Data"), required
when placing an order, will be processed by the Seller in
accordance with the applicable Privacy Policy. They will be
processed on computer in order to meet the obligations arising from
the Contract.
The provision of the Data is optional, but non-delivery will
result in the Seller being unable to comply with the obligations
under the Contract.
The Data will not in any case be transferred to any third
party.
13.2 According to
Article 7 of Legislative Decree 196/2003, the Buyer has the right
to request the Seller to update, rectify, integrate, delete and
transform anonymously of his / her Data. revocation of the consent
to the processing of the Data shall be sent to the Seller by
written notice to be sent to the following email address
amministrazione.gaesco@gmail.com. The
Buyer also has the right to oppose, in whole or in part, legitimate
grounds for the processing of the Data concerned, even though
relevant to the purpose of the collection, as well as to the
processing of Data concerning him for the purpose of sending
advertising material or direct sale or for the accomplishment of
market research or commercial communication.
Communications for direct and / or indirect marketing purposes
will only be sent if the Purchaser explicitly agrees to
this.
13.3 The Seller is
the Holder of the Treatment as well as the Data Processing
Officer.
14. Applicable Law
and Jurisdiction
14.1 The law applicable to the
Contract is the Italian law. The Parties agree that for any and any
dispute arising out of the interpretation and / or execution of the
Contract, the exclusively competent Jurisdiction shall be the
province of Pavia. In the event of disputes arising out of the
interpretation and / or execution of the Contract where a Party is
a Buyer-Consignee pursuant to the Consumer Code, the Jurisdiction
shall be at the place of residence or domicile of the
Buyer-Consignee.
