TERMS AND CONDITIONS OF SALE
This document contains the general terms and condition of on-line sale and payment by means of the web site corresponding to the domain name www.giberto.it (“Site”) owned and managed by Giberto Srl, having its registered office in Venice (Italy), San Polo, 1364, VAT code and number of registration with the Companies’ Register of Venice VE322291.
These general terms and conditions (“General Conditions”) apply to the contractual relationships between Giberto Srl and the client, consumer or professional (“Client”), whether not differently agreed in writing.
Execution of the agreement
1. The sale agreement by and between Giberto Srl and the Client is executed in the moment in which Giberto Srl accepts the order and in any case upon successful execution of the respective payment. By filling in on-line the order, the Client declares to have acknowledged all information provided during the purchase procedure and to fully accept the General Conditions hereinbelow.
2. Once completed the on-line purchase procedure, the Client shall print and save an electronic copy and in any case shall keep these General Conditions, if the Client is a consumer, in accordance with Sections 52 and 53 of Italian Legislative Decree 6 September 2005, no. 206 (“D.Lgs. n. 206/2005”).
3. The Client can purchase on-line exclusively the products listed in the electronic catalogue published on the Site (“Products”) and available at the moment of transmission of the order, as described in the respective informative document herein available. It is understood that sizes, weight, dimension and performance listed in the information document shall be approximate and that the image of the Product attached to such information document may not entirely represent its characteristics but may be different with regard to colors, dimensions, materials and/or accessorizes indicated in the picture.
4. The receipt of the order will be confirmed by Giberto Srl by e-mail, to be sent to the address indicated by the Client by registering to private access area of the Site or by filling in the electronic form for transmission of the order. Such confirmation will contain the date and the hour of the order’s receipt and a “Client Order Number” to be used in any subsequent communication with Giberto Srl The confirmation to be sent by Giberto Srl will summarize the order placed by the Client together with all relevant data entered by the same Client and these General Conditions. The Client undertakes to check the correctness of data summarized in the confirmation of order and to promptly communicate any discrepancy to be rectified, according to the modalities set forth in the same confirmation of order.
5. Should Giberto Srl not be able, for whatever reason, to deal with the Client’s order, the same Giberto Srl will inform by email the Client of such circumstance.
6. The purchase price of the Products will be the one from time to time directly pointed out by Giberto Srl to the Client by means of the Site and listed in its global amount in the on-line shopping trolley.
The payment of the price can be made by the Client according to one of the modalities indicated hereinbelow.
7. The payment of the Products purchased on-line by the Client shall be made in accordance with the method chosen by the same Client at the moment of the order. No further amount other than the global amount of the order highlighted upon completion of the purchase procedure shall be charged on the Client.
Should the object of the order, accepted by Giberto Srl, be Products to be delivered outside Italian territory, the global price of the ordered Products will be increased with delivery’s costs as well as with taxes, if applicable under the law in force in the Country to which the purchased Products are addressed.
8. The payment of the Products purchased according to these General Conditions shall be made exclusively by bank transfer or credit card and Pay Pal (www.paypal.it).
8.1 Bank transfer
(a) In case of payment of the Products by bank transfer, the order confirmation sent to the Client - by email by Giberto Srl in compliance with article 4 above – will point out the bank details of Giberto Srl The Products indicated in the order of the Client will be kept pending the positive outcome of the bank transfer of the respective amount on the bank account of Giberto Srl.
(b) The Client shall in any case send to Giberto Srl - within 48 hours upon receipt of the order confirmation and by fax to the number +39 041 2770086 or by email to the address email@example.com – a copy of the bank transfer’s order made in favour of this latter. In lack of receipt, within the above indicated 48-hours term, of a copy of the bank transfer, Giberto Srl will be entitled to cancel Client’s order.
(c) The shipment of Client’s order will be performed upon receipt by Giberto Srl of the confirmation of the successful out-come of bank transfer in favour of its bank account.
8.3 Credit card and Pay Pal
(a) In case of payment of the Products by Pay Pal card, the Client can pay the amount corresponding to the order directly through its verified Pay Pal account. Giberto Srl informs that payments made and originating from a verified account only will be accepted and it reserves the right to deliver the Products object of the Client’s order to the address specified in the verified Pay Pal account.
(b) The payments of Products’ orders originating from not verified Pay Pal accounts will be cancelled and, as a consequence, not executed by Giberto Srl
Delivery’s modalities and costs - Invoicing
9. The ordered Products will be sent to the address indicated by the Client upon registration at the private access area of the Site or – whether different – to the address specified in the respective order, preferably in the Italian territory. The Client acknowledges that the request of delivery of the Products outside Italian territory will probably determine the non-acceptance of the order by Giberto Srl
The delivery status will be made available to the Client on the Site by accessing to the private area dedicated to purchases’ history.
10. In relation to each order made on the Site, Giberto Srl will issue an invoice concerning the delivered Products, to be sent in five copies both by email to the holder of the order, according to Section 14 of D.P.R. 445/2000, and with the package of the Products. In order to issue and duly draft the invoice, reference will be made to the information provided by the Client in the order form and at the moment of registration to the private access area of the Site. Once issued the invoice, it will no longer possible to modify the data already indicated in the same invoice.
11. Delivery’s costs, as indicated in the Site and in the text of the order, will be charged to the Client.
12. Delivery of the orders will be carried out from Monday to Friday. The orders placed on Saturdays or Sundays or during holidays or holidays eve will be processed by Giberto Srl starting from the first working day following the day in which the order was placed.
13. Delivery of the Products to the Clientwill be carried out by a duly appointed courier. The Client will be informed about the details of the courier according to the modalities pointed out in the Site. Giberto Srl can not be considered liable for any delay occurred in Products’ delivery.
14. At any moment the Client can verify the progress and delivery status of its order by asking a tracking number via email to firstname.lastname@example.org.
15. Contractual obligations of Giberto Srl towards the Client will be considered fulfilled in the place in which the purchased Products are delivered by Giberto Srl to the selected courier.
Delivery of the ordered Products by the courier will be carried out at street level, save whether differently communicated by the Customer Service.
16. At the moment of delivery of the purchased Product by the courier, the Client shall verify:
that the number of delivered packages coincides with the one specified in the shipping note anticipated via e-mail;
that packing is complete, undamaged nor wet or otherwise spoilt, even with regard to locking materials (adhesive tape or metallic staples).
Any possible damage to the Product and/or to the respective packing or any discrepancy with the number of packages or the indications shall be immediately objected by the Client, by displaying a WRITTEN RESERVE OF CHECK (SPECIFYING THE REASON OF SUCH RESERVE, for example “packages with holes”, “crushed packages”, etc.) on the document attesting the delivery by the courier. Once signed the document of the courier, the Client will no longer be entitled to claim anything about the external characteristics of the delivered Products.
Any claim concerning entirety, correspondence and completeness of the received Products shall be raised within 2 months starting from the respective discovery, according to the modalities indicated in these General Conditions.
17. In lack of reclaim within 5 working days of the Products stored as stock in courier’s warehouses due to reiterate impossibility of delivery to the address indicated by the Client in the order, the ordered Products will be redelivered to the warehouses of Giberto Srl
Withdrawal right of the Client
18. Pursuant to Section 64 of the D.Lgs. n. 206/2005, the Client consumer has the right to withdraw from the purchase agreement for any reason, without any need for explanation as well as without any penalty, according to the terms and modalities provided in the following articles.
19. In order to exercise the withdrawal right as per article 18 above, the Client shall send to Giberto Srl a withdrawal notice within 10 working days upon receipt of the Products in relation to which such right is claimed. Such withdrawal notice shall be sent by registered letter with acknowledgment of receipt addressed to Giberto Srl - San Polo, 1364 - 30125 VENEZIA, ITALY - E-mail email@example.com, or it shall be anticipated by e-mail or by fax within the above mentioned 10-days term and confirmed by registered letter with acknowledgment of receipt to be STRICLTY sent within the following 48 hours.
20. Once received such withdrawal notice, the Client will be promptly provided with instructions concerning return’s modalities together with a personal RMA code (Return Merchandise Authorization) necessary in order to return the Product/s. The Product to be returned shall be received by Giberto Srl within 10 days upon receipt of the above mentioned Return Merchandise Authorization. To this purpose, reference will be made to the date of delivery to the postal office or to the courier.
21. The purchased Product shall be returned complete, not used, not washed nor otherwise damaged, together with all its components/parts, with its own control tag and in its original package (included packaging and original boxes as well as any other accessories such as, by way of example, dustbags, clotheshangers and protective envelopes). In order to limit any possible damage to the original package, it is recommended to insert it into another box on which a label showing the number of RMA (authorization code of return) provided by Giberto Srl shall be affixed; in any case no tags nor adhesive tape shall be affixed directly on the original packaging of the Product.
22. Delivery costs arising out of the return of the Products shall be charged by the Client; the costs of delivery to the Client as well as any other additional expenses and/or taxes pointed out upon order’s placement will not be reimbursed.
The Client will be the sole responsible of the delivery until the moment in which will be issued a receipt attesting the arrival of the Products to the warehouse of Giberto Srl.
23. The withdrawal right applies only to the entire purchased Products; it is not possible to exeercise the withdrawal right exclusively in relation to one or more part of a purchased Product. Should the order have as object more than one Product, it will be possible to exercise the withdrawal right in relation to one or more of such ordered Products, specifying in the withdrawal notice, as per article 19 above, the description of the Products to be returned.
Should the Products be damaged during the transport, Giberto Srl will inform the Client about such circumstance (within 5 working days upon receipt of the Product in its warehouses), in order to allow the same Client to promptly claim against the selected courier or carrier and as a consequence to obtain the reimbursement of the value of the Products (whether covered by an insurance policy); in such a case the Product will be made available to the Client for the relevant return and at the same time the withdrawal request will be cancelled.
Giberto Srl will not be liable in any case for damages or theft/loss of the Products.
Upon arrival to Giberto Srl’s warehouse, the Product will be checked in order to estimate any damage or alteration not due to the relevant transport. Should the packaging and/or the original packages be damaged, Giberto Srl will retain from the due reimbursement an amount equal to a percentage not higher than the 10% of the Product’s value, as contribution for restore’s expenses.
24. Save for any possible replacing expenses due in relation to ascertained damages to the original packages, Giberto Srl will reimburse the Client with the amount already paid for the purchase of the Product within 14 days upon its return. In case the payment has been made by credit card or by Pay Pal card, Giberto Srl will write off the amount charged on such cards or it will reimburse the amount by bank transfer. In this latter case, the Client shall promptly provide its bank account details to which the reimbursement will be addressed (Cod. ABI - CAB - IBAN – number of bank account and details of the bank).
25. The Client will forfeit the withdrawal right due to the lack of the essential condition of entirety of the Product (packaging and/or content), should Giberto Srl ascertain:
the use, even partial, of the Product and of the respective accessorizes;
the lack of the external package and/or of the original internal packaging;
the lack of integral part of the Product;
the lack of the control tag attached to the Product;
the damage of the Product due to reasons other than the transport.
In such cases, the Products will be stored at Giberto Srl’s warehouses where it will be made available to the Client for the respective collection at Client’s costs and expenses.
26. All Products sold through the Site are covered by manufacturer’s warranty in relation to defectiveness, having a duration of 12 months if the Client is a professional (holder of a VAT code) and a duration of 24 months if the Client is a consumer pursuant to D. Lgs. n. 206/2005.
27. Manufacturer’s warranty is provided and applies according to the law.
28. The warranty applies to defective Products, provided that such Products has been correctly used in compliance with its own destination of use and attached documentation. In case of defective Product, Giberto Srl will restore, without any expense for the Client, the compliance of the Products by reparing/replacing or reducing the amount of the relevant purchase price or it will terminate the agreement. If, upon the analysis/examination carried out by Giberto Srl, it results that the defect is not a compliance one, the costs of analysis and restoring, if applicable, will be charged to the Client, as well as any transport cost born by Giberto Srl
29. Should Giberto Srl, for whatever reason, not be able to return to its Client a Product covered by the warranty (repaired or replaced), it will be entitled at its own discretion to return to the Client the amount paid taking into account the use of the Product or to replace such Product with another having equal or higher characteristics.
30. the time necessary in order to repair or replace defective Products will depend exclusively on manufacturer’s policies and no damage due to delays in carrying out the repair or the replacement can be claimed towards Giberto Srl.
31. Should the applicable warranty provide for the return of the Product, this latter shall be returned by the Client in its original packages, completed with all its parts (included packaging and any documentation and accessorizes). To the purpose of avoiding damages to the original package, Giberto Srl recommends to insert such original package in an additional box.
32. According to Section 13, Italian Legislative Decree no. 196/2003, as subsequently amended and integrated, Giberto Srl, in its quality as data processor, informs you that your personal data provided and collected by (i) registering to private access area of the Site, (ii) executing on line a sale and purchase agreement, (iii) accessing to and surfing on the Site through the so called system’s “logs”, will be processed for the following purposes:
to carry out the activities necessary in order to enter into, manage and execute the sale and purchase agreement indicated under point (ii) above;
to fulfil Client’s requests submitted from time to time by means of the Site or by e-mail or by another communication tool;
to fulfil obligations provided by Italian or European Community laws or regulations as well as by orders of competent authorities empowered by the law or by vigilance and control bodies;
to send newsletters and advertising material concerning goods and services provided by Giberto Srl.
In relation to the above described purposes, Giberto Srl informs that providing personal data is mandatory in relation to the purposes listed under points 1), 2) and 3) above. As a consequence, should the Client decide not to provide its personal data, Giberto Srl may not be able to respond to or to fuflil Client’s requests.
Considering the above, with reference to the purpose listed under point 4) above, Giberto Srl will ask the Client, from time to time, to give its consent to the relevant processing by clicking on specific fields / buttons of the Site.
The data processing will be carried out applying procedures strictly related to the above mentioned purposes and, in any case, in such a way as to ensure security and confidentiality of the personal data. Furthermore, whether it will be necessary in order to fulfil Client’s requests, personal data can be communicated to third parties other than Giberto Srl, which will processed such data in their quality as autonomous data processors or as data controllers. In any case personal data will not be disseminated.
Personal data will be kept in the European Community territory.
Giberto Srl informs you that, according to Section 7, Italian Legislative Decree no. 196/2003, you have specific rights in relation to the processing of your personal data.
In particular, you have the right to obtain from the data processor or the data controller, if any, confirmation as to whether or not your personal data exist and communication of such data in intelligible form. You will be also entitled to be informed about the source of the personal data, the purposes and methods of the processing; to obtain cancellation, anonymization or blocking of personal data unlawfully processed, updating, rectification or, where interested therein, integration of the data; to object, on legitimate grounds, to the processing of your personal data.
Giberto Srl may, from time to time, modify or update its data protection policies mainly as a consequence of changes in law provisions. Therefore, Giberto Srl strongly suggest you to frequently check this document.
33. Every claim by the Client should be adddressed to:
San Polo, 1364
30125 VENEZIA, ITALY
Tel +39 041 2770086
34. This General Conditions will be governed exclusively by Italian law.
Pursuant to Sections 1341 and 1342 of the Italian Civil Code, the following provisions of this General Conditions are expressly accepted: 3 (short description of the Products listed in the catalogue); 5 (non-acceptance of the order); 8.1, lett. e (liabilities in relation to the fraudolent use of Client’s credit cards); 8.1, lett. b (right to cancel the order in lack of receipt of a copy of the bank transfer within the 48-hours term); 8.2, lett. b (right to cancel the order in case of payments originating from an unverified Pay Pal account); 11 e 22 (delivery expenses and taxes to be charged to the Client); 15 (fulfilment of the obligation of Giberto Srl at the time of delivery of the Product to the selected courier); 16 (Client’s examination duty in relation to the delivered Products); 17 (acceptance of the Products without any reserve in lack of claim); 23 (reserve to charge the 10% of Product’s value in case of damage of the returned Product); 25 (refusal to accept the returned Product); 32 (data protection) e 34 (applicable law).