General terms of sale
General conditions of Sale
"Giorgetti Shop Online"
DATE OF PUBLICATION ON THE WEBSITE AND ENTRY INTO FORCE FROM 30/08/2021
Introduction
Giorgetti Spa, with legal and administrative office in Meda (MB), in Via Manzoni no. 20 postcode 20821, Italian Tax Code and VAT number 00695300962 (hereinafter “GIORGETTI”), informs that it is possible to purchase, through the website www.giorgettimeda.com (hereinafter “SITE”) owned by GIORGETTI, “GIORGETTI” branded products (hereinafter “PRODUCT(S)“). The purchase price of the PRODUCTS does not include home delivery and assembly service (hereinafter “SERVICES”).
General issues relating to the entering into the contract for the purchase of products through the site
The PRODUCTS will not be sold by GIORGETTI but by the Resellers of Giorgetti products who adhere to the initiative (hereinafter GIORGETTI CONTRACTED RESELLERS or Contracted Resellers); also the SERVICES will not be provided by GIORGETTI but by Contracted Resellers and more precisely by the Contracted Reseller who made the sale of the PRODUCTS. The Contracted Resellers are autonomous and independent legal entities from GIORGETTI and therefore operate in total autonomy and responsibility with respect to GIORGETTI, which is therefore unrelated to both the on-line sale of PRODUCTS and the provision of the SERVICES.
During the purchase procedure, the Contracted Reseller will be defined and will carry out the sale with its data (company name, telephone number, fax, email, VAT number, etc...). The sale of the PRODUCTS is intended for “consumers” or “professionals”.
For the purposes of these General Conditions, the following meanings apply:
· “Consumer” (hereinafter the “Consumer” and, together with the Seller, the “Parties”) any natural person who purchases the Products offered for sale on the Site for purposes unrelated to any entrepreneurial, commercial, artisan or professional activity carried out by the same, in compliance with the provisions of art. 3, paragraph 1, lett. a) of the Legislative Decree 6 September 2005, no. 206, as subsequently amended, most recently with Legislative Decree no. 21 dated 21 February 2014 (hereinafter the “Consumer Code”).
· “Professional” (hereinafter the “Professional” and, together with the Seller, the “Parties”) the natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or an intermediary.
If one or more sales of Products are made to a person who does not qualify as a “Consumer”, these General Conditions of Sale will apply to them but, notwithstanding the provisions of the same:
a. the purchaser will in no case be granted the right of withdrawal referred to in Article 9;
b. the purchaser will not be able to benefit from the guarantee on the Products indicated in Article 13, nor from any further legal guarantee (unless mandatory as envisaged by the law itself);
c. the purchaser will not be granted any other protection, provided herein in favour of the Consumer, which reflect or comply with mandatory provisions of the law;
d. the sales contract concluded between the Seller and the purchaser will 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;
e. Any decision regarding any dispute between the Seller and the purchaser will be subject to the exclusive jurisdiction of the Court of Monza (MB).
In accordance with what stated below, the “consumer” or “professional” are identified as CUSTOMERS. These GENERAL CONDITIONS may be subject to change. The GENERAL CONDITIONS applicable to the sale are those published on the SITE upon sending the purchase order by the CUSTOMER. In order to make the purchase on the SITE, it is necessary to be of age and the delivery of the PRODUCTS must be carried out in the Italian territory with the exception of Livigno, Campione d'Italia and the islands (with the exception of Sicily and Sardinia) and in the territories where the sale and delivery is expressly declared as available.
The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
1) Product Selection
The PRODUCTS for sale are published on the SITE. The main characteristics of the PRODUCTS and SERVICES as well as the price are also available on the SITE. These GENERAL CONDITIONS apply exclusively to PRODUCTS purchased on the SITE. The PRODUCTS are sold for deliveries to be carried out only in the areas of the Italian territory with the exception of Livigno, Campione d’Italia and the islands (with the exception of Sicily and Sardinia) and in the territories served by the Contracted Resellers. For the areas not served by the Contracted Resellers, sale is not possible; this will be notified during the purchase process. All information on the Contracted Reseller who will carry out the sale of the PRODUCTS are visible by specifying, during the purchase process, the address where the CUSTOMER wishes to deliver the PRODUCTS.
2) Product prices
All the prices of the PRODUCTS indicated on the SITE are in Euro and include VAT and do not include the costs of delivery to the place requested by the CUSTOMER not the assembly costs. No price reductions are given in the event that, although highly discouraged, the CUSTOMER wants to manage the transport and assembly at its own expense. The price shown on the SITE at the time the order is sent is applied to the purchase of the PRODUCTS, without any consideration of previous offers or any subsequent price change.
3) Conclusion of the purchase contract (Order)
Purchase orders must be made on-line through the purchase order procedure on the SITE, in the section: “Configure and purchase”. In order to fill in the purchase order, the CUSTOMER may follow the following methods:
a) the CUSTOMER can enter the required data necessary to make the purchase in the appropriate form, by accessing the “Purchase” section;
b) the CUSTOMER correctly completes the purchase order procedure if the SITE does not show any error messages (the system cannot detect errors in reference to the data entered by the CUSTOMER in the field dedicated to billing and shipping addresses). The purchase contract will be considered entered into between the Contracted Reseller and the CUSTOMER with the completion of the payment of the consideration by the CUSTOMER. In this case, receipt of payment will be acknowledged by sending an order confirmation e-mail to the e-mail address communicated by the CUSTOMER. This confirmation will summarise the selected PRODUCTS with the specific characteristics requested by the CUSTOMER, the relative prices, the delivery address, the order number and the applicable GENERAL CONDITIONS;
The CUSTOMER must check with the utmost attention and care the correctness of the data contained in the order confirmation and communicate, in writing via email, to the Customer Service within 24 (twenty-four) hours of receipt of any correction. The order number, generated by the system, must be used by the CUSTOMER in any communication with the Customer Service, which can be contacted by email at shoponline@giorgetti.eu
The Customer Service is available every working day from Monday to Friday, from 9:00 to 12:30 and from 14:30 to 20:00, with the exception of public holidays identified according to the Italian national calendar and company working days.
It is possible some PRODUCTS present on the SITE may occasionally be unavailable, in this case, if the PRODUCTS chosen by the CUSTOMER are not, in whole or in part, available, the Customer Service will notify the CUSTOMER within 10 working days of sending the order. In this situation, the CUSTOMER will be able to replace the ordered model with another available one, agreeing on the adjustment of any change in price and delivery terms or alternatively obtain the cancellation of the order and full refund of the amount paid.
4) Obligations of the CUSTOMER
By sending the purchase order electronically, the CUSTOMER declares that it has unconditionally examined and accepted these GENERAL CONDITIONS, committing itself to observe them in his relations with the Reseller who made the sale. To confirm acceptance of the GENERAL CONDITIONS, the CUSTOMER must put a special flag in the related box, present in the purchase proposal. The CUSTOMER undertakes, once the on-line purchase procedure has been completed, to print and keep the GENERAL CONDITIONS in order to keep the aforementioned conditions on paper.
5) Tracking of the delivery
The CUSTOMER can obtain information on the progress of the order at any time by contacting, at the addresses indicated on the order confirmation, the Contracted Reseller who made the sale by referring to their order number indicated in the order confirmation.
6) Home delivery and PRODUCT assembly services
The delivery service to the place requested by the CUSTOMER and assembly of the PRODUCTS is not included in the price of the PRODUCTS, but can be organised and provided by the Contracted Reseller who made the sale, provided that the conditions specified below are met. At the time of placing the purchase order, the CUSTOMER will be informed regarding the expected delivery date on which GIORGETTI will deliver the PRODUCTS to the courier for delivery to the premises and/or the warehouse of the Contracted Reseller who made the sale. The delivery of the PRODUCTS, if carried out by courier, is organised by the latter, who will contact the CUSTOMER to define the time slot and day on which the delivery will be made. The delivery of the PRODUCTS, if carried out by the Contracted Reseller to the address indicated by the CUSTOMER, must take place no later than 15 calendar days from the aforementioned delivery date. Upon receipt of the PRODUCTS by the Contracted Reseller, the CUSTOMER will be contacted directly by the Contracted Reseller in order to agree on the time slot and the day on which the delivery will be made. If it needs to change the delivery date already agreed with the Contracted Reseller, the CUSTOMER can do it free of charge up to 24 (twenty-four) hours before the previously agreed time slot.
To schedule a new delivery, the CUSTOMER may contact the Contracted Reseller in the days and opening hours of the same. In case of absence of the CUSTOMER on the day and in the agreed time slot, the Contracted Reseller will charge the CUSTOMER the cost of the new delivery. It is specified that the cost of delivery is not included in the price of the PRODUCTS and that the additional costs charged for this purpose are confirmed only on condition that:
A. there are no impediments or problems that may make delivery of the PRODUCT difficult or impossible (e.g. areas subject to traffic or limited entry, areas subject to a vehicle driving ban, pedestrian areas, narrow streets, the presence of spiral staircases);
B. delivery can be made without the use of special equipment (e.g. goods hoists, aerial platforms or lifting ladders);
C. the property of destination of the PRODUCTS purchased can be reached by scheduled transport;
D. the building in which the PRODUCTS are meant to be delivered is equipped with a lift and a staircase and/or doors with dimensions and capacity suitable for the passage and lifting of the PRODUCTS;
E. the property where to deliver the PRODUCTS is on the ground floor or on the first, second or third floor;
If even one of the above conditions of sale are not present, the CUSTOMER will be charged by the Contracted Reseller with further additional costs necessary for delivery. In order to obtain all the necessary information regarding these additional costs, the CUSTOMER may contact the Customer Service, before sending the purchase order for the PRODUCTS, through the contact channels listed in the “contact us” section of the SITE. The payment of the additional costs must be paid by the CUSTOMER to the Contracted Reseller before delivery. We highlight to all CUSTOMERS that in the event of lack of prior information on its part that delivery cannot take place in the manner indicated above, the Contracted Reseller may not be able to complete the delivery of the PRODUCTS within the agreed time and it may also have to make a second delivery, which will be fully charged to the CUSTOMER itself. Furthermore, in the event of lack of prior information, the Contracted Reseller reserves the right to charge the CUSTOMER all related costs for the additional services indicated above and not previously communicated. At the time of delivery, the CUSTOMER is required to check that the packaging is intact and that the PRODUCTS received correspond to what is stated on the purchase order. In the event of visible defects, such as incorrect quantity and/or incorrect product and non-integrity of the packaging, the CUSTOMER must report the aforementioned anomalies on the transport document and directly to the Contracted Reseller and/or to the courier. The assembly of the PRODUCTS, where the service is provided for and specifically commissioned by the CUSTOMER to the Contracted Reseller with the organisation of the latter, only involves the assembly of the individual parts of the PRODUCTS, thus excluding anything that does not fall within this assembly, therefore, for example, assembly does not require any intervention on gas, electricity, water systems whose works must be commissioned by the CUSTOMER to specific qualified professionals, and masonry work is also excluded and in any case any work that is not the simple assembly of the individual parts of the PRODUCTS . The CUSTOMER declares that the walls on which the PRODUCT will be installed are suitable for this purpose and also declares that there are no plumbing, electrical, gas, piping or other systems inside them that could hinder successful assembly. If it is not the case, the Contracted Reseller declines all responsibility for any damage that may occur as a direct or indirect consequence of the failure to communicate.
7) Warehousing costs and related operating rules
The PRODUCTS purchased may remain in stock at the warehouse chosen by the Contracted Reseller and/or the courier, at no additional cost, for a maximum of 15 (fifteen) calendar days starting from the day on which the CUSTOMER is contacted by the Contracted Reseller and/or by the courier. After fifteen days of storage the cost amounts to 50.00 (fifty) Euros in total (VAT included) for the first 3 (three) days, subsequently the cost will be 20.00 (twenty) Euros (VAT included) per day. This cost will be charged to the CUSTOMER by the Contracted Reseller and must be reimbursed to it. The warehousing may have a maximum duration of 30 (thirty) calendar days. Should the CUSTOMER fail to collect the PRODUCTS within the period specified above, the purchase order of GIORGETTI products whose production is customised and made to order with specifications requested by the customer, cannot be cancelled and the Contracted Reseller will activate the appropriate actions to comply with the obligations assumed by the CUSTOMER with the exclusion of any form of reimbursement and reserving the right to charge the additional costs of deposit and/or transfer of the product that it may incur, which will be documented and will remain the sole responsibility of the CUSTOMER.
8) Disclaimer of liability
Delivery delays: with regard to the aforementioned delivery methods referred to in Articles 6 and 7 above, the Contracted Reseller and GIORGETTI will be exempt from any liability in the event of delays caused by events, acts, facts and circumstances unforeseeable at the time of entering into the individual purchase contracts, which are unavoidable and also beyond the control of the Contracted Reseller and GIORGETTI (by way of example: strikes, riots, natural disasters, etc.). In such situations, the Contracted Reseller will promptly communicate to the CUSTOMER a new deadline within which it will fulfil the delivery and will make every effort to fulfil all its obligations as envisaged in the purchase agreement;
Conformity of the PRODUCT: the PRODUCTS must conform with the information reported on the SITE. Colour differences or dystonias with respect to the illustration are considered tolerable, due to the use of the technological means. It is therefore specified that the photos of the PRODUCTS are only indicative. The PRODUCTS are intended for civilian homes and not for professional use;
Incorrect measures: the CUSTOMER will not be able to assert any responsibility in the event that the environment where the PRODUCTS purchased are to be installed does not have the correct measurements/dimensions to insert the PRODUCTS;
Obvious defects: it is the CUSTOMER's responsibility to check the PRODUCTS upon delivery and in particular the absence of obvious anomalies (e.g. scratches/stains/dents). The reporting of obvious defects found can be made to the Contracted Reseller before the start of the assembly service or, for products without assembly, before use. The CUSTOMER must refrain from intervening directly or through third parties for the removal of any anomalies found. Failing this, the expenses incurred will not be reimbursed.
9) Right of withdrawal
In cases where it is not excluded, the CUSTOMER is entitled to withdraw from the purchase contract for any reason, without explanation and without any penalty, in the manner specified below and provided that the assembly of the PRODUCT has not started, within 14 (fourteen) days from the day of delivery of the PRODUCTS to the CUSTOMER.
The right of withdrawal can NOT be exercised by the CUSTOMER on products classified as “Made to order” on which the exclusion of the right in compliance with art. 59 letter c) of the Consumer Code, or on GIORGETTI products that are handcrafted and specifically based on information provided by the CUSTOMER or made to measure or clearly personalised.
The right of withdrawal can be exercised by the CUSTOMER who qualifies as a “Consumer” on products specifically classified as “Ready to order” by sending, before the expiry of the withdrawal period as indicated above, a notice of withdrawal by registered mail with receipt of return addressed to the registered office of the Reseller who made the sale, as specified on the order confirmation. The notice of withdrawal must specify the desire to withdraw from the purchase and from the other related accessory services. To facilitate the exercise of the right of withdrawal, a specific form is made available to the CUSTOMER to be used for the communication of withdrawal.
Download the “Right of Withdrawal Form” here. Following the correct exercise of the right of withdrawal, the Contracted Reseller, through the Customer Service, will forward the file number to the CUSTOMER via email. This number must be indicated by the CUSTOMER when returning the PRODUCT. The return of the PRODUCT must take place within 14 (fourteen) days from the date on which the CUSTOMER communicated its decision to withdraw from the agreement. This deadline will be respected if the CUSTOMER sends back or returns the PRODUCTS before the expiry of the 14 days. The CUSTOMER may return the PRODUCTS by delivering them to the headquarters of the Contracted Reseller. Please note that the organisation and transport costs relating to the return of the PRODUCTS subject to withdrawal are the responsibility of the CUSTOMER and that the return is under the complete responsibility of the CUSTOMER. We also remind you, before returning, to check that the PRODUCTS subject to withdrawal are intact and in perfect condition, inserted in the original packaging, complete in all its parts (including packaging and ancillary documentation). The right of withdrawal is excluded, in compliance with art. 59, letter c) of the Consumer Code, specifying that GIORGETTI production produces handcrafted products, specially packaged on the basis of customer requests or made to measure or clearly personalised. The assembly of the PRODUCTS involves work on the PRODUCTS themselves, by specialised personnel. These processes involve specific adaptations and modifications based on the needs of the CUSTOMER as well as drilling of the elements of the PRODUCT. In view of the reasons expressed above, the right of withdrawal is in any case excluded when the CUSTOMER authorises the Contracted Reseller to start the assembly service of the PRODUCTS. Therefore, the CUSTOMER must carry out checks on the PRODUCT in order to ascertain it or not before starting assembly. Once the assembly has started, it is no longer possible to exercise the right of withdrawal even for PRODUCTS where this right is foreseen. The CUSTOMER, in accordance with current legislation, will only be liable for the decrease in the value of the PRODUCT resulting from manipulation of the same other than that necessary to establish the nature, characteristics and functioning of the PRODUCT(S).
If the right of withdrawal, with reference to the PRODUCTS for which this right is admitted, has been correctly exercised in compliance with the provisions of articles 52 et seq., with the successful verification of the integrity of the product at the warehouse of the Contracted Reseller who will reimburse the CUSTOMER the full amount already paid by the CUSTOMER within 14 (fourteen) days from the day on which it was informed of the CUSTOMER's decision to withdraw from the purchase contract. The amount will be refunded using the same payment method used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly requests otherwise and on the condition that the CUSTOMER does not have to incur any costs as a consequence of the refund.
The Contracted Reseller, pursuant to and for the purposes of art. 56 of the Consumer Code, reserves the right to withhold the reimbursement until it has received the PRODUCT(S) in order to be able to carry out verification in terms of compliance and integrity of the same.
10) Assistance services
The CUSTOMER may have information about the PRODUCTS, the SERVICES and the methods of placing orders, by contacting the Customer Service through the channels listed in the “Contact Us” section of the SITE. Any request for information regarding the delivery and assembly of PRODUCTS already ordered must be made by contacting directly the Contacted Reseller who made the sale, through the channels indicated in the order confirmation.
11) Payment
The payment methods accepted during the order process with payment obligation and confirmation of receipt before issuing the Order Confirmation are those specifically indicated on the SITE: credit cards (enabled circuits), bank transfer, PayPal.
The transactions will be managed through the MultisafePay payment manager.
Each purchase transaction is subject to maximum security thanks to the use of the most advanced technological systems in the field of e-commerce and with encryption systems (SSL) to protect your personal data and your credit card information from unauthorised access.
In fact, the credit card data are sent, during the order execution, to the payment managers and are protected against unauthorised access, through the encrypted transfer of SSL ('Secure Socket Layer') data. These data are not accessible either to the Seller or to third parties.
Starting 28 December 2020 on-line payments are even more protected thanks to the new European PSD2 regulation, which introduces new authentication rules.
Your shopping experience will always be fast and safe; you will simply have to confirm your identity every time you make an on-line payment by entering a temporary code or using your fingerprint on the app of your bank.
Please remember that every banking institution will apply new and different authentication methods. Therefore, do not forget to contact your bank to activate this service.
12) Invoicing and Refunds
The commercial invoice, if specifically requested during the purchase procedure, will be available by filling in the appropriate spaces with the tax data required for qualified “Consumers” or “Professionals” CUSTOMERS for the issue of the invoice. The information provided by the CUSTOMER for this purpose, which it declares and guarantees to be truthful, shall prevail, releasing the Contracted Reseller from any liability in this regard; In the event that the CUSTOMER does not request an invoice during the purchase procedure, it will not be possible to request it later and the receipt of payment will certify the transaction.
Refunds by the Contracted Reseller who made the sale following the return of the PRODUCTS or for any other reason can only be made through the same payment method used by the CUSTOMER for the initial transaction, unless otherwise expressly requested by the CUSTOMER and on condition that the CUSTOMER does not have to incur any costs as a consequence of the reimbursement.
13) Legal guarantee of conformity of the Seller, reporting of conformity defects and interventions under guarantee
The CUSTOMER is entitled to make use of the legal guarantee provided by the Consumer Code. This guarantee provides that the CUSTOMER, under penalty of forfeiture, notifies to the Contracted Reseller who made the sale, any lack of conformity found by the CUSTOMER within 2 (two) months from discovery. The activation of the guarantee implies, in order to be accepted, the supply of the documentation proving the purchase and the verification of the anomalies of the PRODUCT reported by the CUSTOMER to the personnel appointed by the Contracted Reseller. Defects deriving from normal wear and tear, misuse or accident caused by an external element or through a modification neither foreseen nor authorised by GIORGETTI, are excluded from this guarantee. Following this complaint, the CUSTOMER will be entitled to request the repair or replacement of the PRODUCT in compliance with the law. Liability for lack of conformity is recognised for established defects that occur within the maximum limit of 2 (two) years from the delivery of the PRODUCT.
14) Processing of personal data
See privacy section
15) Applicable law, attempt at mediation and jurisdiction
These General Conditions must be interpreted in compliance with Italian law. Furthermore, the European Commission is making available an on-line platform for the alternative extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr. If you do not participate in the attempt at mediation, or should this attempt have a negative outcome, the dispute will be transferred exclusively to the Court of Monza, except in the case in which this provision is not applied due to mandatory laws in force in the country where the Consumer resides.
16) Communications
Communications relating to the information aspects of preliminary support to the purchase concerning the PRODUCTS and the methods of placing orders may be addressed to the Customer Service using the contacts listed in the “Contact us” section of the SITE. Any communication concerning the management and planning of deliveries and installation of the PRODUCTS and any after-sales activity must be forwarded to the Contracted Reseller who made the sale, through the contact channels indicated in the order confirmation. The CUSTOMER elects its address for service at the address indicated for the delivery of the PRODUCTS. Any change must be communicated promptly and in writing through the contact channels listed in the “Contact us” section of the SITE, failing which, any communication will be deemed validly sent to the address communicated. For anything not governed by these GENERAL CONDITIONS, please refer to the rules envisaged in Legislative Decree no. 206/2005