- "Seller": means GAESCO S.r.l., registered office Via Bernardo Quaranta, 40 - 20139 Milano (MI) 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 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.
6.6 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.
6.13 No container loads shall be carried out without prior agreement.
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.
7.4 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.
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.
8.1 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.
11.1 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
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.
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.