Condition of sale

Condizioni di vendita

GENERAL CONDITIONS OF SALE 24/03/2026
Index

1. Definitions
2. General Provisions
3. Orders and Order Confirmations
4. Technical Characteristics of Products
5. Prices, Terms and Payment Methods
6. Transport and Delivery
7. Warranty
8. Confidentiality
9. Retention of Title
10. Industrial and Intellectual Property
11. Testing
12. Right of Withdrawal
13. Processing of Personal Data (GDPR Privacy Policy)
14. Applicable Law and Competent Jurisdiction
15. Limitations of Liability
16. Final Clause
17. General Conditions for Resellers

1. Definitions.

- "Seller": means GAESCO S.r.l., legal office Via Bernardo Quaranta, 40 - 20139 Milan (MI) ITALY, VAT 07398390968, administrative office Vigevano, Via Ceresio n. 35/G Pec: Questo indirizzo email è protetto dagli spambots. E' necessario abilitare JavaScript per vederlo.

- "Buyer": the natural person or legal entity from whom the Seller receives the purchase order — via telephone, email/fax, or through the Seller's Sites — and who may hold:
a) the status of Consumer, defined as a natural person acting for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity;

b) the status of Professional, defined as a natural person or legal entity acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary.
Based on the status declared by the Buyer at the time of the order, specific protections and disciplines provided by current legislation apply (Consumer Code for the Consumer; Civil Code and contractual agreements for the Professional).

- "Parties" means, jointly, the Seller and the Buyer;

- "Site" means the Seller's website:
www.gaesco.it - www.tuttoscaffali.it - www.tuttoarmadietti.it

- "Products" means the goods provided by the Seller;

- "Contract" means the purchase contract for the Products made by the Buyer using the Site or following telephone contact;

- "General Conditions of Sale" or "General Conditions": mean the terms and conditions of purchase indicated below.

2. General Provisions

2.1 These General Conditions form an integral and substantial part of the Sales Contract concluded between the Seller and the Buyer, even when the conclusion occurs remotely, online, or through other electronic communication means.

2.2 The Buyer declares to have reviewed all the indications provided during the purchase procedure of the Products and to fully accept the General Conditions of Sale indicated herein.

2.3 The Buyer must print or save an electronic copy and in any case keep these General Conditions. The conditions of sale are always available online on the website
www.gaesco.it

2.4 These General Conditions prevail over any terms and conditions prepared by the Buyer, unless accepted in writing by the Seller.

2.5 The Seller reserves the right to modify, supplement, or vary these General Conditions of Sale; such modifications, supplements, and variations will be valid from the date of their publication on the Site. The General Conditions published on the Site at the time the order is placed will always be applied to the Buyer.

2.6 Any invalidity or ineffectiveness of one or more of these General Conditions will in no case affect the validity or effectiveness of the other clauses of the Contract.

2.7 For everything not covered in these General Conditions, the Parties expressly refer to the current legal provisions.

2.8 These General Conditions of Sale are drafted in two languages: Italian and English. In case of interpretative doubts, the Italian version shall prevail.

3. Orders and Order Confirmations

3.1 The Buyer can purchase the Products present in the electronic catalog of the Site and those otherwise proposed by the Seller's technical consulting service, through personalized offers and quotes.

At the time of registration to the Sites and/or submission of the order, the Buyer declares under their exclusive responsibility that all personal, fiscal, and corporate data communicated to the Seller are *true, exact, complete, and updated*.

The Buyer undertakes to promptly communicate to the Seller any change in the aforementioned data and, in any case, to keep them constantly updated.

Purchase Orders can be made by adult users not subject to legal incapacity.

The purchase methods are:

– Telephone order: after contact, the Buyer will receive the offer/quote form via email; the order will become binding only upon the return of the document duly completed, dated, and signed for acceptance. In any case, even for orders transmitted directly by the Buyer with their own forms or conditions, these GTC always prevail.

- Online purchase: The Buyer who wants to make an online order must register on the Site by providing a valid email address. The access credentials to the site must be strictly personal and non-transferable. The Seller is not responsible for improper use by third parties. Upon correct receipt of the order, an order confirmation will follow via email from the Seller to the indicated email address.

To send acceptance of the quote, the Buyer must previously declare to have reviewed and accepted these General Conditions and Specific Clauses through the appropriate check-box present on the Site and/or on the quote.

3.2 The Buyer may not place orders on the site for an online amount of less than Euro 50.00, excluding VAT and delivery costs, except for requests for quotes via email.

3.3 The Seller reserves the right to refuse the order if there are justified reasons, such as but not limited to: unavailability of products, errors in the description of products or price, failure by the Buyer to comply with payment conditions, or if the Buyer does not provide sufficient guarantees of solvency.

3.4 Order modifications requested verbally or by telephone must be subsequently confirmed via email by the Buyer. Otherwise, the Seller assumes no responsibility regarding any errors or possible misunderstandings.

Any requests for modification of an order already confirmed by the Seller must be received in writing within 48 working hours from receipt of the order confirmation. After this period, the order becomes irrevocable and can be changed only with the express consent of the Seller. "The right of withdrawal for Consumers only remains valid pursuant to articles 52-59 of Legislative Decree 206/2005."

3.5 Order Cancellation
The Buyer can revoke the order, without penalties, within 24 (twenty-four) hours of submission, by sending an email to the address indicated in the order confirmation. After this period, the order becomes irrevocable and can only be cancelled or modified with the Seller's written consent and/or by charging the Buyer for costs already incurred.

Any changes to the personal data entered must also be communicated within 24 hours of receiving the order confirmation.

3.6 The supply will include exclusively what is indicated in the latest order confirmation. The burden of verifying characteristics, quantities, price, and any additional sales conditions remains with the Buyer.

3.7 The order confirmation indicates the amounts and payment methods allowed for the purchase of the Products. No additional discounts or different payment methods will be recognized unless expressly accepted in writing by the Seller.

4. Technical Characteristics of Products

4.1 All drawings, photographs, illustrations, descriptions, technical data, and any other data and information regarding the Products found on the Site and/or otherwise provided by the Seller are indicative. Consequently, the Products delivered to the Buyer might present some modifications, also due to production needs, which do not, however, change the essential characteristics and functionality of the Products. Any substantial changes will be promptly communicated to the Buyer.

4.2 The lack of perfect correspondence of the Products pursuant to this article cannot constitute an assumption of defect or lack of conformity, nor can it be a cause of liability for the Seller.

4.3 Graphic representations, descriptions, and technical documentation
The images, renders, and descriptions of the Products published on the Sites or other promotional material are for illustrative purposes only. For contractual purposes, exclusively the following shall prevail:
the specifications reported in the order confirmation;
the technical sheets, certificates of conformity, CE declarations, test reports, and any other technical documentation issued and transmitted by the Seller to the Buyer.

4.4 – Pallet racking: intended use and seismic requirements

a) Client Declarations. At the time of the request for an offer / quote, the Client must indicate in writing: site/Municipality of installation, presence of seismic requirements (UNI EN 16681 / CSLLPP Guidelines 28.06.2023) and any prescriptions from the RSPP/Designer. In the absence of any written communication, design/supply will occur in a standard NON-SEISMIC configuration, compliant with general product regulations; every anti-seismic requirement must be expressly requested and may affect price and timing.

b) Information Note – Pallet racking (standard/non-seismic)
The pallet racking published on gaesco.it, and on all other sites attributable to GAESCO SRL, unless otherwise indicated, are provided in a standard NON-SEISMIC configuration.
These products are designed and supplied in compliance with general technical sector standards, including:
UNI EN 15512:2020 (steel static storage systems – structural design principles, in non-seismic conditions), UNI EN 15620 (tolerances, deformations and clearances), UNI EN 15635 (safe use and maintenance), as well as the “Guidelines for the design, execution, verification and safety of metallic racking” issued by the Higher Council of Public Works (Resolution 28.06.2023), for the applicable profiles to standard non-seismic systems.

c) Emilia-Romagna. For installations in Emilia-Romagna, the Client declares to comply with L.R. 19/2008, D.G.R. 11/2018 and articles 17-18 and 29 of Legislative Decree 81/2008. Any request for anti-seismic execution must be expressly stated in the order and order confirmation.

d) Design and calculations. Unless otherwise agreed in writing, GAESCO SRL does not perform structural design, seismic calculation, filings or certifications. These activities remain the responsibility of the Client/Designer/RSPP and, if requested from GAESCO SRL, are quoted separately with possible impacts on prices and times.

e) Binding documentation. Only the order confirmation and the technical documentation (sheets, certifications, declarations, reports) issued by GAESCO SRL and transmitted to the Client are valid (see art. 4.3).

5. Prices, Terms and Payment Methods

5.1 Prices refer to the price list in force at the time of order confirmation or, if earlier, to the relative written offer. Quotes are valid for 30 (thirty) days from the date of issue, unless otherwise expressly indicated. After this period, the Seller may update prices based on significant variations in costs (raw materials, labor, energy, logistics); it is the Buyer's obligation to request an update before placing the order.

5.2 Product prices are intended to include VAT, net of additional charges (stamps, customs duties, etc.) and transport costs. The amounts indicated in the order confirmation or quote must be paid in full by the Buyer, within the terms expressly agreed in writing with the Seller. The Buyer may not proceed with the application of discounts or the performance of offsets of any kind, unless authorized in writing by the Seller.

5.3 In addition to other remedies provided by law or these GTC, in case of late payments, the Seller reserves the right to apply interest on arrears on sums still due, calculated from the date on which the right to payment matured, at the official reference rate of the European Central Bank increased by eight percentage points. The Buyer will also be charged for all costs incurred for the recovery of the sums due. In case of late payments, the Seller's right to suspend or cancel pending orders remains unaffected.

5.4 In the case of payments agreed on a deferred basis, if even a single installment of the price is not paid punctually, the Seller may immediately demand the full price with forfeiture of the benefit of the term for the Buyer and without the need for a notice of default. Alternatively, the Seller shall have the power to terminate the contract by simple written communication and suspend any further delivery, potentially retaining the sums already received from the Buyer as compensation for damages.

5.5 Invoicing and Buyer's obligations

1. Issuance of the invoice
   The Seller issues an electronic invoice for every sale, including operations carried out towards subjects without a VAT number (Consumer).
2. Correct fiscal data
   The Buyer is required to provide true and complete personal and fiscal data. Any error, omission, or inaccuracy will fall under their exclusive responsibility.
3. VAT Rate
   1. The Buyer must indicate the applicable VAT rate during the purchase phase.
   2. If they believe they benefit from a reduced rate or exemption, they must transmit the supporting documentation before the order (e.g., intent declaration, split payment, disability certificate, reference subsidized regulation, etc.).
   3. In the absence of such documentation, the Seller will apply the ordinary rate.
4. Specific wording in the invoice
   Requests for additional wording (e.g., CIG, CUP, internal order number, project references) must be communicated before the completion of the order. Late requests will involve, if technically possible, the issuance of a credit note and a new invoice.
5. Consequences in case of incorrect data
   The Seller is not liable for delays, penalties, or further charges resulting from inaccurate, incomplete, or outdated data provided by the Buyer and reserves the right to suspend order fulfillment until the data is corrected.

Any requests for correction by the Buyer to be made on the invoice issued by the Seller:
• must be received within 24 (twenty-four) hours of receipt of the document;
• after this period, every modification will involve the issuance of a credit note and a new invoice.

6. Transport and delivery

6.1 Delivery Scope
The Seller ships throughout Italy with its own means or through selected couriers. Shipments to foreign countries are possible subject to verification of costs and feasibility with Customer Service.

6.2 "Transport Included" formula (online orders only)

• Scope of application. Transport is included exclusively for orders completed on the Site and for an amount equal to or greater than € 250.00 including VAT.

• Service included. Delivery to street level (unloading excluded) in the peninsular Italian territory only.

• Exclusions. The formula does not apply to:
  – smaller islands;
  – “disadvantaged zones” or areas with transit/maneuver limitations for vehicles > 9 m;
  – oversized packages (length > 3 m) or weight beyond the courier's thresholds.

• Quote-based / telephone orders.
  For orders made on quote (or off-Site), transport costs are excluded, unless otherwise expressly agreed in writing in the quote/order.

• Communication of transport contribution.
  In excluded cases or extra-size measures, before fulfillment, the Buyer will receive written communication of the transport contribution and may accept or cancel without charges the order.

6.3 Fulfillment terms
The Seller undertakes to deliver the Products within the terms indicated in the contract, unless otherwise agreed in writing. After this term, the Consumer Buyer (private individual) may, pursuant to art. 61 of Legislative Decree 206/2005, notify the Seller to deliver within a reasonable supplementary term or terminate the Contract.

6.4 Transfer of risk

– B2C Sales (Consumer): the risk of loss or damage remains with the Seller until the moment the Consumer, or a third party designated by them, other than the carrier, acquires physical possession of the Products (art. 63 of the Consumer Code).

– B2B Sales (Professional): unless otherwise agreed in writing, the Products travel at the Buyer's risk from the moment of delivery to the carrier appointed by the Seller (Incoterms® EX W / FCA Seller's warehouse).

Upon written request from the Buyer, the Seller may stipulate transport insurance; the relative premium will be charged on the invoice.

6.5 Verification upon receipt
At the time of delivery, the Buyer must check the number of packages and the integrity of the packaging. Any anomalies must be noted with a specific reserve (e.g., "damaged packaging", "crushed package", "cut conveyor tape") on the courier's document or electronic device and communicated to Questo indirizzo email è protetto dagli spambots. E' necessario abilitare JavaScript per vederlo. within 24 hours (attaching photos). In the absence of a specific reserve, the Seller will not be able to claim against the carrier nor recognize hidden damages.

Management of the damage refund file: If the report is compliant (presence of a specific reserve), the Seller will proceed, upon verification, with the replacement of the good or partial/total refund. The refund will be executed within 7 (seven) working hours from the closing of the investigation phase, using the same payment method as the initial transaction.

6.6 Delivery attempts and storage
Deliveries take place during working hours. In the absence of the Buyer, the courier will make a second attempt; after the second attempt, the shipment will go into storage. All costs for storage, release, and redelivery will be charged to the Buyer.

6.7 Unloading operations
For voluminous materials or materials exceeding 25 kg per package, unloading is the responsibility of the Buyer, who must have suitable means for unloading.

6.8 Collection at warehouse
Prior to and only upon previous agreement, the Buyer can collect the products at the warehouse in Via Ceresio 35 G, Vigevano (PV) – hours 08:30-17:00 from Monday to Friday. Retail sale to private Buyers (Consumers) is not provided.

6.9 In case of delays in delivery due to force majeure or other unpredictable events not attributable to the Seller, including, without any limitation, strikes, lockouts, public administration provisions, export or import blocks, no responsibility can be attributed to the Seller.

6.10 If the Buyer, after having paid a deposit, does not allow delivery within the agreed term, the Seller will fix a new delivery date in writing. After 7 (seven) days from the new date without the delivery being possible for a reason attributable to the Buyer, the goods will be deposited at the Seller's warehouses at the Buyer's risk and expense, who must in any case pay the balance within the agreed terms.

Custody fees for unavailability:

- If delivery cannot be made due to the unavailability of the Buyer (or the place of delivery) on the agreed date, the Products will be stored at the Seller's warehouse at the Buyer's risk.
- As a reimbursement of expenses, a storage cost equal to € 30.00 for each calendar day will be charged, up to a maximum of 10 % of the taxable value of the Products;
- After 30 (thirty) daysfrom the first useful delivery date without the Buyer having collected the goods (or having provided alternative instructions), the Seller may:

1. terminate the Contract with written communication,
2. retain by way of set-off the amounts due for custody and out-of-pocket expenses (transport, insurance, etc.),
3. refund any already paid excess to the Buyer, or retain what has already been paid as a penalty if it is insufficient to cover the costs incurred, without prejudice to the right to compensation for further damage.

If, before the expiry of the 30 days, the Buyer pays the price in full but still does not collect the goods, the custody charges mentioned above remain in force; in this case, ownership of the goods is transferred, but the risk and storage costs remain at the Buyer's expense until actual collection or different agreed destination.

6.12 The Seller declines all responsibility for non-delivery of Products due to non-collection, incorrect address, or address entered incompletely or other causes not attributable to the Seller.

The Seller reserves the right to make partial deliveries based on the availability of materials.

6.13 Unloading and porterage
In compliance with Legislative Decree 81/2008 (Safety at work consolidated act), art. 46 of the C.C.N.L. Freight transport and current accident prevention regulations:

1. Driver's tasks
   The driver is authorized only to position the vehicle in the delivery area, open the doors, and deliver the transport documentation. The following are not part of their duties:
   1. manual lifting of packages;
   2. use of forklifts or pallet jacks present at the recipient's site;
   3. porterage, placement on floors, or any internal movement of the Products.

Additional services
Any porterage, assembly, or handling activity not included in the order confirmation must be requested in writing before shipment and will be quoted separately by the Seller.

Buyer's Obligations
The Buyer - or the recipient designated by them - must provide qualified personnel and suitable equipment (forklifts, pallet jacks, cranes, or other suitable means) to perform unloading safely and within a reasonable maximum time (20 minutes unless otherwise indicated by the carrier).

Failed unloading
If unloading cannot be carried out due to:

1. absence of personnel or adequate lifting means;
2. unavailability or refusal of the recipient to cooperate;
3. uncommunicated structural obstacles (ramps, openings smaller than 3 m, transit bans, etc.); delivery will be considered "failed" for causes attributable to the Buyer and the provisions of art. 6.x "Failed delivery for absent recipient or inability to unload" will apply, including storage, redelivery, and custody charges.

Prior communication
The Buyer is required to indicate in the order any logistical limitations (ZTL, narrow streets, transit bans >7.5 t, unloading times) and to guarantee the presence of suitable means and personnel. In the absence of such information, the Seller is not responsible for delays or extra costs.

1. Transfer of risk
   It remains understood that, for Clients not falling under the definition of "consumer" pursuant to art. 3 of Legislative Decree 206/2005, the risk of loss or damage of the Products transfers to the Buyer from the first presentation for delivery that failed for reasons attributable to them. For consumers, art. 63 of the Consumer Code applies.

7. Warranty

7.1 Scope and duration
If the Buyer holds the status of *Consumer* (art. 3 of Legislative Decree 206/2005), the Products are covered by a legal warranty of conformity for *24 (twenty-four) months* from the delivery date, provided that the price has been fully paid. For *Professionals*, the warranty is governed by articles 1490 et seq. of the civil code and has a duration of *12 (twelve) months*, unless otherwise agreed in writing.

7.2 Conditions of operation
The warranty covers conformity defects pre-existing at delivery, provided the Product has been assembled and installed, used, and maintained according to the intended use and the Seller's instructions. The following are excluded:
– normal wear and tear;
– damage from improper use or unauthorized tampering;
– modifications or replacements of parts not supplied/approved by the Seller.

7.3 Reporting the defect
The Consumer must report the defect *within 2 (two) months* of discovery;
The *Professional* buyer within 8 (eight) days*.

Communication must occur through the submission of the pre-filled RMA Form, available from customer service, or by downloading a fillable template in the "Customer Service" section of the site gaesco.it RMA Form(2025) via email to Questo indirizzo email è protetto dagli spambots. E' necessario abilitare JavaScript per vederlo. or via registered letter with return receipt addressed to GAESCO SRL, Via Ceresio 35G 27029 Vigevano (PV). The report must indicate: order number, description of the defect, photos/video, and contact details for collection.

7.4 Remedies available to the Consumer
In line with art. 130 of the Consumer Code:
– The Consumer can choose between *repair* or *replacement* free of charge.
– The Seller may propose the alternative remedy only if the one chosen is objectively impossible or excessively burdensome (assessment pursuant to art. 130 para. 4).
– If both main remedies are impossible or not completed within a reasonable time, the Consumer may request a *reduction of the price* or *termination of the Contract*, without prejudice to the right to compensation for any further damages.

7.5 Return procedure
Prior to written authorization from the Seller, the defective Product must be returned *carriage-paid to the Seller's premises* with the reason "warranty account". If the defect is recognized:
– return transport and redelivery costs will be borne by the Seller;
– the replaced parts remain the property of the Seller.

Otherwise, the costs of inspection, transport, and redelivery will be charged to the Buyer.

7.6 Limitations of liability
What is provided for by Legislative Decree 206/2005 regarding liability for damage from defective products (articles 114-127) remains unaffected. Except for cases of willful misconduct or gross negligence, the Seller is not liable for indirect or consequential damages.

7.7 Sale of used goods between Professionals – "As is"
Scope of application: This clause applies exclusively to the supply of used goods (second-hand) sold by the Seller to Buyers who hold the status of Professional (art. 3, letter c, Legislative Decree 206/2005) or Reseller – therefore it does not apply to Consumers.

State of fact and prior inspection
a. Used goods are sold "as is", in the state of conservation in which they appear at the time of the conclusion of the contract, with normal signs of wear and operation typical of goods already used.
b. The Professional declares to have had the possibility to view or have the goods viewed, verify their conditions, functionality, and suitability for the purpose, and to accept them without any reservation.
c. Any technical reports, photos, or descriptions provided by the Seller are for purely illustrative purposes and do not constitute a guarantee of specific characteristics or performance.

Exclusion of warranties
In derogation from articles 1490 et seq. of the civil code, the Professional expressly waives the right to rely on the warranty for defects and lack of quality, except for willful misconduct or gross negligence by the Seller and mandatory legal guarantees that cannot be excluded between Professionals.

Limitation of liability
Except for cases of willful misconduct or gross negligence, the Seller is not liable for direct, indirect, or consequential damages resulting from the use of used goods, nor for any costs of disassembly, assembly, or plant downtime.

Exclusion of the right of withdrawal and return
For B2B sales of used goods, the right of withdrawal does not apply; returns or replacements are excluded unless expressly agreed in writing.

Transfer of risk
The risk of loss or damage transfers to the Professional according to the agreed Incoterm (normally FCA – GAESCO Warehouse, Incoterms® 2020), or, in the absence of a different indication, at the moment of delivery to the carrier appointed by the Professional or the Seller.

8. Confidentiality

8.1 The Buyer undertakes to keep confidential and not to disclose to third parties, where this is not strictly necessary for the legitimate use of the Products and/or the execution of the Contract, any information or technical data relating to the purchased Products, their operation or use, as well as any administrative or commercial information relating to the Seller learned on the occasion of the Contract (hereinafter, collectively, the "Confidential Information").

8.2 Confidential Information may not be reproduced and/or disclosed without the prior written consent of the Seller who, in case of violation of this article, reserves the right to take appropriate legal action to assert its rights.

9. Retention of Title

9.1 The Products supplied remain the full property of the Seller until the date on which the Buyer has paid the full price of the same and all sums due to the Seller. Until that moment, the Buyer, if already in possession of the Products, must guarantee their correct custody.

9.2 If in the course of carrying out their activity the Buyer should sell the Products or new products in which the Products supplied by the Seller have been incorporated and should not provide full payment due, the Seller will be entitled to all proceeds up to the amount of the price due from 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 supply of the Products will remain the full and exclusive property of the Seller.

11. Testing

11.1 All Products are subjected to standard final testing before delivery. Any additional and/or special testing must be expressly requested in writing by the Buyer in the purchase order. Additional and/or special tests are subject to written acceptance by the Seller and, if performed, will be at the exclusive expense of the Buyer.

12. Right of Withdrawal

12.1 Beneficiary subjects
The right of withdrawal belongs only to the Consumer pursuant to articles 52-59 of Legislative Decree 206/2005. Professional Buyers (VAT registered) remain excluded.

12.2 Term and methods
The Consumer can withdraw, without indicating the reasons, within 14 (fourteen) calendar days from the date of acquisition of physical possession of the goods. Withdrawal is exercised by sending the RMA Module or an explicit declaration to Questo indirizzo email è protetto dagli spambots. E' necessario abilitare JavaScript per vederlo. .

12.3 Consumer's Obligations and Return Expenses
The Consumer must return the Products without undue delay and in any case within 14 days of the communication of withdrawal.

Return costs: Pursuant to art. 57, paragraph 1, of the Consumer Code, the direct costs of returning the goods (shipping and packaging) remain at the exclusive expense of the Consumer.
For voluminous goods that cannot be sent via ordinary mail, the estimated cost is equal to that incurred for the initial delivery.

12.4 Method and times of Refund
The Seller will refund all payments received from the Consumer, including standard delivery costs.

• Limitation of Delivery Expenses: Supplementary costs will not be refunded if the Consumer has chosen a different and more expensive type of delivery (e.g., express delivery, floor delivery, or by appointment) compared to the standard delivery offered.
• Right of Retention: Pursuant to art. 56 paragraph 3 of the Consumer Code, the Seller will hold the refund until it has received the goods or until the Consumer has demonstrated that they have sent back the goods in a state of integrity.
• Payment Method: The refund will occur through the same payment method used for the purchase.

12.5 Management charges and devaluation of the good
The right of withdrawal is free of charge only if the good is returned in the same shipping conditions. Should the returned product require technical inspection, cleaning, or re-packaging operations to be put back on sale, Gaesco.it will deduct from the refund an amount proportionate to the decrease in the value of the good.

Specifically:

• Opening of seals/packaging: deduction of 10% for commercial devaluation of an "opened product".
• Lack of original packaging: deduction of 20% for restoration and protection costs.
• Administrative management of return: For each return file, a fixed contribution of € 15.00 will be withheld as investigation and warehouse management expenses.

12.6 Exceptions (Personalized Goods)
Pursuant to art. 59, letter c) of the Consumer Code, the right of withdrawal is indefeasibly excluded for the supply of goods made to measure or clearly personalized. This category includes products made to order with special RAL colors, finishes not in the catalog, or specific technical configurations requested by the Buyer.

13. Processing of personal data (GDPR Information)

13.1 Purpose and Legal Basis: The processing of the Buyer's personal data occurs in compliance with EU Regulation 2016/679 (GDPR). The legal basis of the processing is the execution of the Contract (Art. 6.1.b GDPR) and the fulfillment of legal, fiscal, and accounting obligations.

13.2 Retention: Data will be kept for the time strictly necessary for order management and, subsequently, for a period of 10 years in compliance with the obligations of conservation of accounting and fiscal records.

13.3 Communication to Third Parties: For the execution of the Contract, the Buyer's data (name, address, telephone) will be communicated to the logistics carriers in charge of delivery. Such communication is necessary for the correct execution of the service.

13.4 Rights of the Data Subject: The Buyer can exercise at any time the rights of access, rectification, cancellation, and opposition by sending a communication to Questo indirizzo email è protetto dagli spambots. E' necessario abilitare JavaScript per vederlo. or via PEC to Questo indirizzo email è protetto dagli spambots. E' necessario abilitare JavaScript per vederlo. . The complete information is always available at the "Privacy Policy" link at the bottom of the Site.

14. Applicable Law and Competent Jurisdiction

14.1 The Contract is governed by Italian law.

14.2 For every controversy relating to this Contract, the competent court exclusively is that of Pavia, except for controversies in which an Acquirente-Consumatore is a party, for which the court of the place of residence or domicile of the Consumer will be exclusively competent.

14.3 For controversies deriving from cross-border online purchases made by consumers residing in the European Union, it is possible to resort to the ODR (Online Dispute Resolution) platform provided by the European Commission.

15. Limitations of liability and indemnity

15.1 Exclusion of Indirect Damages: Except for cases of willful misconduct or gross negligence, the Seller's liability is limited exclusively to the value of the purchased Products. Any liability for indirect, incidental, or consequential damages is expressly excluded, such as, by way of example: loss of profit (lucrum cessans), production stoppage, loss of commercial opportunity, or damage to image.

15.2 Force Majeure and Logistics: The Seller is not liable for delays or non-performance due to causes of force majeure, unpredictable events, or inefficiencies attributable to third parties (e.g., transport strikes, customs blocks, global shortage of raw materials/steel). In such cases, the Seller has the right to extend delivery terms for a period appropriate to the resolution of the event.

15.3 Technical and Seismic Specifications (Indemnity): The Buyer is the sole responsible for the accuracy of the information provided regarding the place of installation and seismic requirements (ref. Art. 4.4).

• Indemnity Clause: The Buyer undertakes to hold the Seller harmless from any claim, penalty, or compensation deriving from the installation of standard products in areas that would require anti-seismic configurations, if such requirements have not been explicitly requested in writing and confirmed in the order phase.

15.4 Assembly and Improper Use: The Seller declines all responsibility for damage to persons or things deriving from:

• Incorrect assembly performed by the Buyer or by unauthorized third parties;

• Exceeding the maximum load capacities declared in the technical sheets;

• Lack of periodic maintenance or use not conforming to the intended use of the product.

15.5 Warranty for Consumers: None of the limitations set out above affects the mandatory rights of the Consumer provided by the Consumer Code regarding legal warranty of conformity and liability for damage from defective products.

16. Final clause

16.1 These General Conditions fully govern the relationship between Seller and Buyer. Any derogations or different agreements will be valid only if confirmed in writing by the Seller. In case of conflict between the versions in different languages, the Italian one will prevail.

17. General conditions of sale (Resellers)

17.1 Qualification and access requirements
To access price lists and conditions reserved for Resellers (B2B), it is necessary to have:
An updated company registration (Visura camerale) certifying an activity consistent with GAESCO Products (logistics/warehouses/racking/similar).
Minimum Order/Quote: requests for quotes at reseller conditions only for amounts = € 1,000.00 + VAT per single order. Lower amounts are managed with standard conditions.
GAESCO reserves the right to periodically verify/update requirements and to suspend reseller status in case of non-conformity.

17.2 Payments and deferrals
Method and deadline are indicated from time to time in the offer/order confirmation.
For first purchases or significant amounts, advance payment (total or partial) may be required.
Any deferrals (e.g., bank transfer 30 days from invoice date) can be granted only after a positive outcome of the commercial relationship and credit checks.
Delays > 10 days authorize the suspension of supplies and the application of interest on arrears ex Legislative Decree 231/2002, without prejudice to greater damage.

17.3 Delivery and transfer of risk (Incoterms® 2020)
Standard delivery: FCA – Vigevano (PV), GAESCO warehouse, Incoterms® 2020.
The risk passes to the Reseller upon delivery to the appointed carrier.
Different delivery (DAP, CPT, etc.) only if expressly indicated in the order confirmation.

17.4 “Pay-when-paid” clause
If the Reseller resells to third parties, the non-payment of the end customer does not suspend nor condition the Reseller's payment obligation to GAESCO, unless otherwise agreed in writing.

17.5 Non-conformity and RMA (Return Material Authorization)
Non-conformities must be reported within 3 days of receipt, via email, with: order/invoice number, description, photos/video.
Shipments without prior RMA authorization will be rejected.
If the defect is recognized: return/redelivery costs are borne by GAESCO; otherwise, costs are borne by the Reseller.

17.6 Returns for order error (no defects)
Allowed within 30 days of receipt, only if the Products are new, intact, in the original packaging, and resellable.
Returns subject to GAESCO approval and reconditioning/management charges with a maximum refund of 90% of the net invoiced price. Transport costs to/from are borne by the Reseller.

17.7 “Flow-down” obligations and Technical responsibility for Racking

a) The Reseller undertakes to:
Collect from the final customer the necessary technical declarations (site/Municipality of installation, seismic requirements, local regulations) and transmit them to GAESCO before order confirmation, when requested.
Include in their own contracts equivalent indemnity and responsibility clauses on the choice of product type and the truthfulness of the declarations made by the final customer.
Not propose standard products as equivalents when the final customer expressly requests solutions with anti-seismic requirements or compliant with UNI EN 16681 / CSLLPP Guidelines 28.06.2023.

b) In default, all responsibility towards the final customer will fall on the Reseller, who undertakes to keep GAESCO harmless and indemnified from claims, penalties, or damages connected to non-compliant declarations/installations or improper technical choices.