Termini e condizioni di vendita
ARTICLE 1 DEFINITIONS
For the purposes of this contract, the following shall mean: Seller: GE.RE.CO S.R.L., with registered office at Via Raffaello Sanzio n. 16, 20090 Cesano Boscone (MI), P.IVA 11498060158, email: firstname.lastname@example.org, tel: 02 4586 6507
- Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
- Platform or Site: the gereco.com Site
- Users: any person who accesses the Site and continues browsing it
- Customer: any person who purchases products sold through the Site.
- Professional: the natural or legal person acting in the exercise of his entrepreneurial and commercial activity and who purchases with VAT number.
- Products: sale under the Electronic Commerce regime, mainly of refrigeration solutions and compressors.
- Purchase Order or Order: the proposed purchase made by the User through the procedures of the Site and in particular through the Shopping Cart.
- Purchase: the onerous purchase of the above products from the day of the conclusion of the purchase.
- Shopping Cart: the stage of the purchase procedure in which the User formulates his or her purchase proposal, selecting the methods of payment, delivery of the goods and the like.
ARTICLE 2 OBJECT
These Terms and Conditions of Sale cover the products referred to in Article 3 below and are valid between the Seller and any User who makes as a Professional, a purchase on the Site.
If any of the terms and conditions are found to be void or ineffective, any such nullity or ineffectiveness shall not extend to the remaining provisions of these Terms and Conditions.
ARTICLE 3 PRODUCT DESCRIPTION
The Site is engaged in retail sales, under Electronic Commerce, mainly of refrigeration solutions, compressors and the like.
All products offered are described and illustrated within the Site, in their respective sections.
The images of the Products on the Site are for demonstration and illustrative purposes and are represented as best as possible.
However, some errors, inaccuracies or minor differences between the graphic/photographic representation of the Product and the actual Product may become apparent.
Therefore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are merely and symbolically representative of the Product bought and sold.
Given this particular mode of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if considerable.
ARTICLE 4 PRICES AND INCIDENTAL EXPENSES
The prices of the Products are displayed in euros. Specifically, the shopping cart will detail:
- the price of the Product
- the delivery costs
Prices in the online store may be subject to change.
In such cases the prices published at the time of the Order on the online store are considered.
ARTICLE 5 REGISTRATION
In order to be able to make purchases from the Site, the User will be able to carry out a special registration, through which he/she will be able to enter his/her personal data and choose the method of purchase and delivery of the Products.
The User must provide all the requested data and is responsible for their truthfulness and correctness. Registration coincides with the opening of an account.
The e-mail address given during registration allows the Seller to notify the User of all messages related to the Products and the Site in general.
The use of temporary e-mails for registration is prohibited.
All data transmitted will be treated in the utmost respect of the regulations on the protection of Privacy.
The Seller will use them to complete orders and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.
ARTICLE 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The User may purchase all the Products offered for sale within the Site, as described in the relevant information sheets, by following the purchase procedures provided in the Site itself.
When purchasing the Products, the Customer must follow all the instructions contained in the appropriate page of the Site and indicate whether he/she intends to collect the Products at the seller's premises or requires sedition.
For the purchase of the Products, the Community Customer in particular will have to indicate its VAT number. The EU Customer's VAT number must be compulsorily registered with VIES otherwise he/she will not be able to proceed with the purchase.
The applicable Terms and Conditions are those in effect at the time of the Order and can be found on the Site. The contract between the Seller and the Customer shall be deemed concluded with the acceptance of the Order, by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the email address provided.
The Seller reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete, incorrect, for VAT numbers not registered with the VIES or in case of unavailability of the Products or that result in the delivery of the ordered Products to certain inconvenient geographical areas.
The Seller will notify the Customer of any inability to accept orders received in the shortest possible time starting from the time the Customer has transmitted the Order and will refund any sums already paid by the Customer for payment of the Products.
Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an Order by the Seller is excluded.
ARTICLE 7 PAYMENT METHODS
The payment methods available on the Site are as follows:
1. Payment by Bank Transfer.
In this case, the Order is considered completed when the Seller receives the actual crediting to its bank account, which must take place within 2/3 working days of its execution. Beyond this deadline, the Order will be deemed automatically cancelled.
If the Customer chooses to pay via the PayPal platform, upon payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or by creating a new account easily and immediately.
3. Apple Pay
Apple Pay is a payment service provided by Apple, which allows the User to make online payments on websites and apps that support it using an IPhone 6 and above, an Apple Watch, Mac and iPad Air 2 and above.
ARTICLE 8 PRODUCT SHIPPING AND DELIVERY TIME
Order fulfillment time is a maximum of 5 business days from receipt of the Order.
The Seller will deliver the purchased Products by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays.
Products shipped within Italy are indicatively delivered within 3-5 business days and within 7 business days in inconvenient areas and islands.
Products shipped within the European Union are delivered approximately within 15 business days of shipment. The above delivery terms are indicative only and not essential.
Any variance to the above will be promptly communicated via e-mail to the Customer.
For more details on shipping you can also view the specific section of the website.
In view of the place of delivery of the goods, the Products purchased may be subject to import taxes and/or customs duties, the amount of which may vary depending on the country of destination
Therefore, it is not possible to predict in any way whether and what costs would be incurred for customs clearance of the purchased goods.
Accordingly, any costs related to import taxes and/or customs duties will be borne solely by the Customer.
In case of export of goods to non-EU countries, the relevant customs duties shall be borne by the Customer. The customs duties due vary depending on the country of destination.
The Customer is obliged to inform himself about the relevant regulatory provisions and he bears the corresponding responsibility. Customs duties are not considered shipping charges and are therefore borne by the Customer.
When the package is shipped, it will be sent, via email, the Tracking number that will allow to follow the entire path of the shipment by going to the Site of the carrier. At the time of delivery, the Customer acknowledges and accepts that it must be present or must be present a person expressly delegated by him with exoneration of all responsibility of the seller.
The Customer at the time of delivery shall check that the packaging is intact and clean and that the Products received correspond to what was purchased.
In the event that a product arrives that has been damaged in transit or different from what was ordered, the Customer shall accurately document with photographs the stages of the unpacking of the goods, so that any damage can be proven.
The Customer may request a replacement from the Seller via email and the Seller will send back the correct product and pick up the product to be replaced at the Customer's home and at the Customer's expense.
The Customer will only have to prepare the goods for pickup carefully packed and complete with all its parts, including transport documents. In any case, he/she will be contacted as soon as possible by the Seller to be informed about the timing of the product replacement.
ARTICLE 9 RIGHT OF WITHDRAWAL
The right of withdrawal is excluded for Professional Customers (purchase with VAT number).
ARTICLE 10 LEGAL WARRANTY
The Professional Customer, is not entitled to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, whereby in the case of defects in the Products sold that make them unfit for use or are such as to appreciably diminish their value, the same may request a reduction in price or termination of the sale in the cases provided for by the same Civil Code and to this end must notify the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.
ARTICLE 11 FORCE MAJEURE
The Seller does not assume any responsibility for inefficiencies attributable to force majeure that prevented, in whole or in part, the execution of the contract in the expected time.
The Seller shall not be liable to the Customers for any damages, losses and costs incurred as a result of non-execution or delayed execution of the contract, the Customer being entitled only to a refund of the price paid.
The Seller shall not be liable for damages resulting from disconnections, interruptions of the Site, as well as the loss of data consequently occurred and attributable to the same. In case of force majeure, the execution of the Order will be suspended.
Such suspension may last for a maximum period of 3 (three) months, after which after which the Parties may decide whether to continue or cancel the Order.
ARTICLE 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), trademark, domain name, related sub-domains and all intellectual and industrial property rights relating thereto, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Customer.
Therefore, the User or the Customer shall not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties for any reason whatsoever or otherwise use for purposes other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Seller.
ARTICLE 13 FAILURE TO EXERCISE A RIGHT
The failure of the Seller to exercise a right does not represent any waiver of its right to take action against the Customer or against any third party for breach of commitments made.
The Seller therefore reserves the right to enforce its rights in any case, within the terms granted.
ARTICLE 14 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be subject to Treatment based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as the Data Controller, processes Users' Personal Data by taking appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data.
The Processing is carried out by means of computer and/or telematic tools, with organizational methods and logics strictly related to the indicated purposes.
The User's Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract entered into; for the registration procedure aimed at the purchase of Products; to follow up on specific requests addressed to the Owner by the User; to send promotional and commercial information and offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications having as object the Products purchased without the need for the express and prior consent of the User, as provided for by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree no.101 of 2018.
ARTICLE 15 APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms and Conditions are entirely governed by Italian law.
Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts entered into online by the Professional Client with the Seller shall be the exclusive jurisdiction of the Court of Milan.
For further information of any kind you can contact the Seller at the following addresses:
- Email: email@example.com
- Phone: 02 4586 6507
For any problems and reports by email only: firstname.lastname@example.org
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he/she has carefully read and accepts all the clauses of these Terms and Conditions of Sale and in particular those of articles 3, 8, 9, 10, 11 and 15.