- "Seller": means GAESCO
S.r.l., registered office Via Bernardo Quaranta, 40 - 20139 Milano (MI) ITALY (PV) ITALY, P.IVA 07398390968, administrative office
Vigevano, Via Ceresio n. 35 / G Pec:
- "Buyer" means the natural or legal person from whom the
Seller receives the purchase order following a telephone contact or
consultation of Seller's
- "Parties" mean, collectively, the Seller and the
- "Site" means the Seller's website: www.gaesco.it
"Products" means products supplied by the
"Contract" means the Contract of Purchase of the Products
bought by the Buyer through the use of the Site or via telephone
Terms of Sale" or "General Terms" means the terms and
conditions of purchase as indicated below.
2.1 These General Conditions constitute an integral and substantial
part of the Contract concluded between Seller and
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
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
2.4 These General Terms and Conditions prevail over any terms and
conditions set forth by the Buyer, subject to written acceptance by
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
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
2.7 For all matters not covered by these General Conditions, the
Parties expressly refer to the applicable legal
General Sales Conditions are written in two languages: Italian and
English. In the event of any doubt, the Italian version will
3. Orders and Order
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
- 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
3.2 Buyer can not
place orders below Euro 50.00, excluding VAT and delivery
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
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
3.5 The supply
includes only the information indicated in the order confirmation
or any subsequent written modification of the
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.
4.1 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
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
5. Prices, Terms and Conditions
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
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 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
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
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.
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
6. Shipping and
6.1 The Seller makes deliveries with its own means or external partners throughout the national territory.
Possibility of shipping all over the world, after contacting our Customer Service to evaluate the feasibility and costs.
6.2 INDICATIONS FOR ORDERS WITH TRANSPORT INCLUDED
Delivery is free and on the street level, excluding unloading, for orders with an amount from EUR 200.00 + VAT. However, remain excluded because of special conditions: islands, areas with special difficulties of transit and maneuver for heavy vehicles (over 9 meters).
CONTRIBUTION TRANSPORT BULKY MATERIALS
For shipments of long and heavy materials, with heights over 3 meters, depending on the destination, a transport fee may be required for the delivery of oversized materials.
In either case, after your order is received, you will be contacted by our Shipping Department who will inform you of the contribution due based on destination and quantity, with no obligation to purchase. Freight charges are always EXCLUDED for used materials (second hand) and for bid purchases, the quotation, conditions and costs of which will be communicated to you at the time of bidding. Will be communicated at the time of bidding, if requested.
The customer is required to check at the time of delivery and in the presence of the carrier, the integrity and number of packages. In case of missing or damaged packages, the customer can still withdraw the material by signing with reserve the shipping document (or PDA or PDA) specifying the problems encountered, even if the packaging is damaged.
In the case of withdrawal of goods without signing with reserve Gaesco s.r.l. can not respond to any problems.
To receive support and assistance contact Customer Service at 0381 636101 from Mon to Fri from 08:00 to 12:00.
6.3 Unless otherwise agreed in writing during the order confirmation, unloading, positioning, delivery to the floor and assembly of the Products are always to be considered excluded.
6.4 The Products always travel on behalf and at the Buyer's risk and peril. The Seller cannot therefore be held responsible for any deterioration, breakdowns, delays, fines and / or other prejudices and damages of any kind occurring during transport. At the time of delivery of the Products, the Purchaser will therefore have the burden of carrying out the appropriate checks and at the same time reporting any damage by means of a specific reservation on the courier's delivery note. In case of damage not recognizable at the time of delivery, the Buyer must report them to the carrier as soon as they are known and in any case no later than eight days after receipt.
6.5 It is understood that if the Purchaser refuses deliveries of Products with damaged packaging to the carrier, he must immediately notify the Seller in writing by fax to 0381 630208 or by email to the address: firstname.lastname@example.org .
6.6 The delivery terms indicated in the order confirmation are indicative and do not bind the Seller. Delivery terms are also automatically extended:
- if the Purchaser does not provide the data necessary for the supply in good time or requests changes in the course of execution or delays in responding to the Seller's requests for approval of drawings and executive schemes;
- if the Buyer is not up to date with the payments.
6.7 Apart from the preceding cases, in case of non-delivery of the Products after 90/120 days from the order confirmation, the Buyer will have the right to withdraw from the order by simple written communication to the Seller, it being understood that no claim for compensation can be asserted by the Buyer against the Seller.
6.8 In the event of delays in delivery due to force majeure or other unforeseeable events not attributable to the Seller, including, without any limitation, strikes, lockouts, provisions of the public administration, export or import blocks, no responsibility can be attributed. to the Seller.
6.9 The Seller reserves the right to make partial deliveries depending on the availability of the materials.
6.10 Deliveries by courier are made during working hours; the Purchaser must therefore indicate an address in the order where the presence of someone is guaranteed to collect the Products; in the event of unsuccessful delivery, the Products will go into storage with consequent delays in delivery and the Buyer will be charged for storage costs.
IN CASE OF HEAVY / VOLUMINOUS MATERIALS, THE UNLOADING WILL BE CARRIED OUT BY THE RECIPIENT WHO WITH HIS OWN MEANS HAS TO TAKE CARE OF ALL THE OPERATIONS
6.11 The Seller declines all responsibility for non-delivery of the Products due to non-collection, incorrect or incomplete address or other causes not attributable to the Seller.
6.12 The Seller will not insure the Products unless at the express request of the Buyer and charging him the related costs.
6.13 Container loads are not carried out without prior agreement.
COLLECTION AT OUR WAREHOUSE
With prior agreement, it is possible to collect it directly from our warehouse in Via Ceresio, 35 G Vigevano from Monday to Friday from 08:00 to 16:30.
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 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
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:
email@example.com, indicating clearly and
unambiguously the type of conformity
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'
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 (
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
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
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.
8.1 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
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.
9.1 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
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
10.1 Any intellectual property right
relating to the provision of the Products shall remain fully and
exclusively property of the Seller.
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
12. Right of
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
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
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
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
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
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
right of withdrawal may not be exercised in the case of specially
packed or clearly customized Products.
12.8 Read the methods of the right of withdrawal
13. Treatment of
13.1 Personal Data ("Data"), required
when placing an order, will be processed by the Seller in
processed on computer in order to meet the obligations arising from
The provision of the Data is optional, but non-delivery will result
in the Seller being unable to comply with the obligations under the
The Data will not in any case be transferred to any third
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
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
13.3 The Seller is
the Holder of the Treatment as well as the Data Processing
14. Applicable Law
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