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1.1. These general conditions of sale apply to the purchase of products branded "Ghirelli". (hereinafter "Products") performed through the e-commerce site store.ghirelli.it (hereinafter the "Site") by users qualified as "Consumers" pursuant to article 1.2 below. The Site, owned by Ghirelli S.r.l. with registered office in Occhiobello (RO), via Piacentina 4/G, tax code / VAT number 01542660384 and R.E.A. registry of companies of Rovigo n. 135561 (hereinafter "Owner"), is managed by Ghirelli S.r.l. - with registered office in Via Piacentina 4/G 45030 Occhiobello, Italy, tax code, VAT no. 01542660384 and R.E.A. commercial register of Rovigo no. 135561 (hereinafter "Ghirelli")
1.2. Ghirelli deals with the sale of Products through the Site on its own behalf. Purchases of Products made through the Site will see as parts Ghirelli, as a seller (hereinafter the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to their business, commercial, craft or professional, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to as the "Parties").
1.3. The Owner is part of these general conditions of sale and owner of the rights to the domain name of the Site, logos and trademarks, relating to the products presented on the Site, as well as the copyright on the content of the Site.
1.4. Any communication of the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - shall be sent to the Seller. - shall be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address firstname.lastname@example.org
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who is not a Consumer, these general conditions of sale shall apply but, as an exception to the provisions thereof:
a) the purchaser will not be entitled to the right of withdrawal referred to in article 10;
b) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 8;
c) the purchaser will not be entitled to any other protection, provided herein in favour of the Consumer, which reflects or complies with mandatory provisions of law;
d) the sales contract concluded between the Seller and the Buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. At the same time as transmitting the purchase order, the Consumer accepts that the confirmation of the information relating to the order made and these general conditions of sale be sent to him by e-mail to the address declared by him during registration on the Site or during the purchase process.
1.8. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.9. The Consumer is solely responsible for any costs for connecting to the Website via Internet, including telephone costs, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the Products and their availability in the different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify the present general conditions of sale at any time, at its own discretion, without the need to provide any notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, the Products on sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
3. Methods of purchasing the Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, is merely an invitation to the Consumer to make a proposal purchase contract and not a public offer.
3.2. The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their own personal use. In addition, the Consumer will be asked to identify and correct any errors in the entry of their data.
3.3. The Consumer's purchase order is accepted by the Seller by sending to the Consumer, at the e-mail address declared by the latter to the Seller at the time of registration on the Site or of transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, a summary of the order made and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the general sales conditions applicable to the relationship between the Parties will be electronically filed by the Seller in its own computer systems and the Consumer may request a copy by sending an e-mail to the Seller at email@example.com
3.4. Each contract for the purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller by e-mail.
4. Selection and purchase procedure of the Products
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products included in the shopping cart, the Consumer will be invited to register on the Site, providing the requested data, or to log in, if the Consumer is already registered, or to provide his own data in order to complete the order and allow the conclusion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm his data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he can be contacted for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box on the Site and finally, through the button "Insert order", the Consumer will be asked to confirm his order, which will be definitively sent to the Seller and will produce the effects described in paragraph 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides to pay immediately (at the time of purchase) by PayPal or immediate bank transfer, he will be required to communicate the relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the personal details indicated by the Consumer.
5. Delivery of goods and acceptance
5.1. Generally, the Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
5.2. The Seller undertakes to do its best to respect the delivery times indicated on the Site and, in any case, to make the delivery in a maximum time of 7 (seven) days starting from the day following that on which the Consumer has transmitted the order. In the event of failure by the Seller to execute the order, due to the unavailability, even temporary, of the Product, the Seller shall provide written notice to the Consumer and refund any sums already paid by the Consumer for the payment of the Product pursuant to paragraph 5.3 below.
5.3. The Site indicates the availability and unavailability of the Products, if a Product ordered by a Consumer is not available for delivery despite the confirmation of the order and will refund the Consumer and the payment, if already made by the Consumer, will be refunded promptly.
5.4. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check without delay, and in any case within and no later than 3 (three) days from receipt of the Products, that the delivery is correct and includes all and only the products purchased and to inform the Seller within this period of any defect in the products received or their non-conformity with the order placed, according to the procedure set forth in art. 9 of these general sales conditions. Should the packaging or the wrapping of the products ordered by the Consumer reach its destination clearly damaged, the Consumer is invited to refuse the delivery by the carrier/shipper or to accept the delivery "with reservation".
5.5. After the expiry of the term referred to in paragraph 5.4 above without the Consumer having made any claims against the carrier/shipper, the Products delivered shall be deemed to have been definitively accepted by the Consumer.
6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. The prices of the Products indicated on the Site are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include the shipping costs that are calculated before the order confirmation sent by the Seller to the Consumer and that the same Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. Depending on the country in which the Products are to be delivered, the relative shipping costs, which the Consumer undertakes to pay in addition to the price of the Products ordered, will be displayed on the Site during the order creation process.
6.3. The Consumer shall pay the Seller the total price, as reported in the order confirmed following the order confirmation sent by e-mail from the Seller to the Consumer.
6.4. If the Products are to be delivered to a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.
6.5. The Consumer shall be solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered on the basis of these general conditions of sale.
6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or duties referred to in paragraphs 6.4. and 6.5. above, at the time of sending an order to the Seller, cannot constitute a cause for termination of this contract and that he cannot in any way charge the aforementioned charges to the Seller.
7.1. Payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will start when the price of the Product(s) purchased is (are) credited to the Seller's current account.
7.2. Payment may be made by credit card or PayPal. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a protected site and the credit card details will be communicated directly to BancaSella S.p.A., with registered office in Biella (Italy), Piazza Gaudenzio Sella, 1 - 13900 Biella, registered with the C.C.I.A.A. of Biella P.I. 02224410023), operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted transfer of data with SSL (SecureSocketLayer) 128-bit. These data are not accessible even to the Seller.
7.4. If the payment is made by bank transfer in favour of the Seller, the Consumer must indicate the codes "Swift" and "IBAN" reported in the order confirmation, as well as the order number.
7.5. The Seller shall promptly transmit to the Consumer, if provided for by applicable law, in electronic format, by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in Italy, or attached in paper format to the Products purchased, in all other cases.
8. Legal guarantee of conformity of the Seller, notification of defects of conformity and interventions under warranty
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer that the Products will be free from defects in design and material as well as conforming to the descriptions published on the Site.
8.2. The Consumer shall be responsible for examining the Products as soon as possible and, under penalty of forfeiture of this warranty, for reporting any defects and non-conformities within and no later than 14 (fourteen) days from discovery, by sending to the Customer Service - Customer Service of the Seller, by e-mail, indicating the defect and/or non-conformities found, and related documentation (at least no. 1 (one) photograph of the Product, the confirmation of the order sent by the Seller and the tax receipt).
8.3. Following receipt of the relevant documentation, the Seller will assess the defects and non-conformities reported by the Consumer and, after having carried out quality controls to verify the actual non-conformities of the Product, will decide, at its discretion, whether to authorize the return of the Products by providing the Consumer with an e-mail feedback to the address provided by the latter during the process of registration at the Site. The authorization to return the Products shall not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the notice of authorization to return, within 14 (fourteen) days of notification of the defect or non-conformity, to the following address: Ghirelli S.r.l, c.a. Alessandro Ghirelli, via Piacentina, 4/G - 45030 Occhiobello (RO) - ITALY,
8.4. If the Seller is required to reimburse the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, always by e-mail to the address firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to return the amount due.
9. Liability for damage caused by defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) shall apply. The Seller, in its capacity as distributor of the products through the Site, releases itself from any responsibility, without exception and/or exclusion, indicating the name of the relative producer of the product.
10. Right of withdrawal
10.1. The Consumer has the right to withdraw from any contract concluded under these general conditions of sale, without penalty, within 14 (fourteen) days from when the product was delivered or in the case of purchase of multiple products delivered separately with a single order, was delivered the last product.
10.2. To exercise the right of withdrawal, the consumer must inform Ghirelli S.r.l, before the expiry of the period referred to in paragraph 10.1 above, of its decision by sending an explicit statement to Ghirelli S.r.l, at the e-mail address email@example.com, of its decision to withdraw.
10.3. Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal. Within and no later than the next 14 days, the consumer must return the disputed products or rejected in a whole package, by sending them to: Ghirelli S.r.l, c.a. Alessandro Ghirelli, via Piacentina, 4/G - 45030 Occhiobello (RO) - Italy.
10.4. If the Consumer has received the product, he is required to return it to Ghirelli S.r.l, without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the goods will be returned before the expiration of the period of 14 days. The risks and direct costs of return of the goods will be charged to the Seller. For the anti-terrorism law we can not recover the goods outside of Italy. We invite customers to contact us to activate a return procedure.
10.5. In case of withdrawal will be refunded the payments made by the consumer, including delivery costs, without undue delay and, in any case, no later than 3 days after the return of the goods. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on another means of payment.
10.6. The Consumer is responsible for the reduction of the value of the goods resulting from a different manipulation from that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, scratching, scratching, deformation, etc..), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the certificate of guarantee, if any, the consumer will be liable for the financial loss of the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves the integrity and protects it during transport even from writing or labels.
10.7. The Seller will take delivery of the returned Products, reserving the right to verify that they have been returned in the conditions described in paragraph 10.6 above.
10.8. If the verification of the returned Products has been successful and the right of withdrawal has been validly exercised by the Consumer within the terms and according to the procedures provided, the Seller will refund the Consumer the full amount paid for the purchase of the Products, including shipping costs, as soon as possible and in any case within 3 (three) days. For the anti-terrorism law we can not recover the goods outside of Italy. We invite customers to contact us to activate a return procedure.
10.9. The aforementioned refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer in favor of the Consumer; the burden of the Consumer will be to communicate to the Seller, by e-mail to firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to return the amount due. If payment has been made through PayPal, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the account used by the Consumer for payment.
11. Intellectual property rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Ghirelli S.r.l. and / or its assigns, without the consumer having any right on them from access to the Site and / or purchase of Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Ghirelli S.r.l.
12. Consumer Data and Privacy Protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.
12.3. The Consumer may at any time update and/or modify the personal data provided to the Seller through the specific section of the Site "My Account" accessible after authentication.
13. Safety and security
13.1. Although the Seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has logged in, are not accessible or viewable by unauthorized third parties.
14. Force majeure
14.1. The Seller shall not be liable in the event of total or partial non-fulfilment of its obligations under any contract concluded pursuant to these general conditions of sale, if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, natural catastrophic events, acts of terrorism, wars, popular uprisings, power shortages, general strike by public and/or private workers, strike and/or restrictions on the roadworthiness of couriers and air connections.
15. Applicable law and jurisdiction
15.1. Any sales contract concluded between the Seller and the Consumers pursuant to these general sales conditions shall be governed by and interpreted in accordance with Italian law.
15.2. The Court of Rovigo shall have exclusive jurisdiction over any dispute.
16.1. The Parties may not assign or otherwise transfer to third parties any of their rights and obligations arising from these general conditions of sale, without the prior written consent of the other party.