(pursuant to Chapter I, section III, part III of Italian Legislative Decree No. 206/2005 as amended and added to)
1. Purpose and applicable legislation
These General Terms and Conditions of Sale (hereinafter for the sake of brevity “General Terms and Conditions”) concerns the provisions disciplining the purchase of products and services via the website https://www.gibellinicamera.com (hereinafter for the sake of brevity “Website”), owned by the company GIBELLINI PROJECTS & CO. S.R.L. (hereinafter for the sake of brevity “Owner”) with registered offices in Via Mazzini 182/F, Post Code 41049, Sassuolo (Mo), Italy – certified e-mail address email@example.com (VAT No. and Tax Code 03656850363 – E&A Index No. MO-406661 – share capital €uro 10,000.00), in observance of the Italian legislation as per Italian Legislative Decree No. 206 dated 9 April 2005 as amended and added to (hereinafter for the sake of brevity the “Consumer Code”) and Italian Legislative Decree No. 70 dated 9 April 2003 as amended and added to regarding e-commerce, as well as, with regard to personal data processing, Italian Legislative Decree No. 196 dated 30 June 2003, as amended by EU Reg. 2016/679 as amended and added to (hereinafter for the sake of brevity the “Privacy act”). The agreement entered into between the Customer (hereinafter indicated, alternatively, also as the “User” understood to be the beneficiary of the Website) and the Website will be entirely regulated, disciplined and interpreted in compliance with these General Terms and Conditions and, in the absence thereof, by Italian law. With regard to the legislation and regulations concerning privacy, the handling of the cookies of the website and in general the tracking of the various sale or order transactions, please see the contents of the Disclosure drawn up for said purpose on the Website.
2. Efficacy and acceptance of the General Terms and Conditions
The processing of personal data is carried out by means of the operations indicated in art. 4 of the Privacy Code and art. 4 n. 2) GDPR. In particular:
for the conclusion and execution of a contract for the purchase of products offered on the Website. In this case we will take care to use only the minimum information necessary for the execution of the same.
to follow up a legal obligation. In the event of the conclusion of a contract for the purchase of goods on the Website, the processing of your data will take place in order to fulfill the legal obligations to which the Company is subject in accordance with the tax provisions and other regulations to which it is subject.
3. Contents of the Website – Copyrights ad Industrial property rights
All the content of the Website, including – by way of example but not limited to – images, logos, registered trademarks and otherwise, text, graphics, photographs, images, videos, audio and software is the property of the Owner which grants the exclusive use of the same to its possible assignees, concession holders, licensors and suppliers of authorised contents. All the elements of the Website, including merely by way of example but not limited to, designs, trademarks, both of the Website and the products represented therein, are protected by copyright and by the related Laws on the protection of industrial property. Except where explicitly permitted by means of written agreement, the copying or transmission in full or in part of the contents of the Website and the products represented therein is strictly prohibited. All the rights are fully reserved. The Customer and/or the User is authorised to download and/or use the Website solely for personal purposes and by way of disclosure, therefore not for commercial and/or industrial purposes. Any reprocessing of the contents and/or re-utilisation and/or re-publication of the contents of the Website is strictly prohibited. The use of the trademarks is prohibited without the prior written consent of the assigns. The Website and its content is provided “as is” without any guarantee. All the elements contained in the Website have a purely informative purpose as an invitation to negotiate, and do not represent advice of any kind, nor an economic offer, or a binding agreement. The Customer consents so that their order is the contractual proposal for the offer to purchase the products listed in said order. The Owner has the right at any time to check an order in advance and/or refuse it without the obligation to provide justification. In the event the Owner does not confirm and/or take steps to process an order within thirty business days, the order can be considered to be tacitly refused. The Owner does not guarantee in any way that the information contained in the Website is accurate, complete and/or up-to-date, nor that the Website is free from viruses or other harmful components. Furthermore, no guarantee or other declaration is provided on the fact that the Website is exempt from errors, of any kind, or that it is available all the time.
4. Limited liability – links to third parties – improper use of the Website – contents generated
by the User
5. Purchasing formalities
In order to be able to make the purchases it is necessary that the Customer registers and/or fills in the specific forms published on-line on the Website with their data. The order can also be made via e-mail. The Customer has the faculty to choose, during the on-line purchasing phases, the payment and shipping methods for the ordered goods; in the absence of choice or if the service is not available, the shipment will take place by means of standard courier chosen by the Owner at its discretion. In order to make an order it is necessary to be over the age of eighteen and for such purposes the matters declared by the Customer will act as proof; thus the latter will exonerate the Owner from checking the veracity of the matters declared. In order to make an order it is necessary to follow the procedure on the Website and select the desired products, which will make up the order of the Customer by means of an electronic shopping basket if confirmed by said Customer. The Customer is advised to print out and/or keep a copy of the web pages viewed in the various stages of the Procedure; said pages are generated on-line uniquely and it may not be possible to view them subsequently. The Customer may order the products present on the Website at the time of order confirmation, as described on the various information sheets, specifying that the image and the descriptive content, accompanying the sheet and the product, may also not be accurately representative of the features of said product, only having an illustrative purpose and therefore may present significant differences with respect to the product shipped.
6. Payment and invoicing
The Customer has the faculty to chose the method of payment at the time of purchase. The most widelyused credit cards are accepted, including prepaid and rechargeable cards, valid throughout Italy. Payment using payment cards may involve the charging of the commission envisaged by the service agreement of the Institute issuing said payment cards. For all credit cards it is necessary to input the CVV2 code otherwise the order will be cancelled. For the credit cards of the Visa, Mastercard and Diners circuity, the CVV2 corresponds to the last three figures which are found on the back of the card, while for Amex credit cards the code is the four figures found on the front of the card. Depending on the technical conditions applied by your Bank and/or the Institute issuing the Credit Card, additional codes and/or other specific data may be requested after having input the CVV2 code. To discover how to enable the credit card for on-line purchases or to obtain the code to be inserted, it is necessary to directly contact one’s bank or the Institute issuing the credit card. Orders paid by means of credit card before being handed over to the Courier, may be subject – directly with the related bank – to an ”authenticity check” (check by means of which the effective holder of the credit card and the availability of the accredited funds is ascertained). If the bank informs the Website of any irregularity relating to the credit card used, steps will be taken to cancel the order possibly providing communication at the same time via e-mail. If the Customer adopts the Paypal® system, once the order has been confirmed, the Customer will be re-routed to the PayPal® website where they may make the payment using their account or using a card, including prepaid, or in any event according to the methods accepted by Paypal® and observing the related conditions. If the Customer decides to pay by means of bank credit transfer, they will have to make the payment within 3 days as from the order confirmation date. Otherwise the order will be cancelled. The details for the credit transfer can be found on the website, or can be requested from the Owner via email. If of interest, it will be possible to request the issue of an invoice selecting the specific box during the order procedure, or specifying this request via e-mail to the Owner, inserting the invoicing data inclusive of the tax code and/or VAT number. In this case, the invoice will be sent via e-mail to the address indicated. The Customer is the sole party responsible for the correct entry of the invoicing data and is expressly informed that, in the event of failure to request the invoice during the order phase, it will not be possible to request it subsequently. The sales prices of the products published on the Website are net of VAT and any transportation and additional accessory expenses. In the event that erroneous prices are identified due to technical anomalies, the Website reserves itself the right to cancel the order and return the amount possibly paid in excess with respect to the amount due.
7. Processing and shipment times
The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchasing procedure in the specific field “Shipment details”. All the purchases will be delivered by means of express courier (hereinafter, “Courier”) between Monday and Friday, excluding weekends and national holidays. The Owner is not responsible for unforeseeable delays or those not attributable to it. Once the products have been shipped, the Customer will possibly receive a confirmation e-mail. In any event, except in cases of force majeure or fortuitous events, the ordered Products will be delivered within an indicative period of 60 (sixty) business days as from the day after that when the Customer receives the order confirmation. The afore-mentioned deadline applies for shipments in Italy. Foreign Shipments could require more time for completion and shipment of the order. In no event will the Owner be held responsible for any delay greater than the sixty days envisaged herein, provided it is less than two hundred and forty days. Once this latter period of time has also elapsed, the Customer has the faculty to freely withdraw by means of certified e-mail or registered letter with advice of receipt, keeping the Owner unharmed from any costs incurred up to that point for the processing of the orders made to measure or with the non-standard accessories.
8. Right to withdraw
Sales of products via Internet are disciplined by Articles 50 to 68 (“remote contracts”) of Italian Legislative Decree No. 206/2005 (Consumer Code). This legislation excludes, also in favour of the consumer, the right to withdraw from the contracts or the contractual proposals concerning customised goods and/or products or products made-to-measure or upon request. Accordingly, it is hereby specified that all the products and the photographic equipment on sale on the website are created using an artisan production process and only in the presence of specific order of the customer, with the procurement of the related materials. The right to withdraw is likewise excluded vis-à-vis customers who do not cover the capacity of consumer (individuals who purchase the goods for purposes linked to their professional, commercial or entrepreneurial activities), and therefore cannot in any event be exercised by corporate bodies or individuals who act for purposes referable to the professional activities possibly performed. The other types of goods not customised and/or produced upon request, and in particular the accessories, may be subject to a request to exercise the right to withdraw, by the customer/consumer, provided that said request reaches the headquarters of the Owner within 14 (fourteen) days of receipt of the goods, by means of registered letter with advice of receipt or via certified e-mail. The costs for returning the product are payable by the Customer. Within the following fifteen business days of receipt of the communications to withdraw, the Owner, subject to checking of the applicable conditions, will send the Customer, using the e-mail address indicated in the order or in the withdrawal request, the consent to return the goods forming the subject matter of the withdrawal request. Within the following 14 (fourteen) days the Customer will take steps to send the goods to the Owner accurately packaged in the original packaging and in perfect condition. In the following 30 days, the Owner will have to reimburse the Customer, less any transportation costs and damages possibly noted on said goods.
9. Legal warranty
In accordance with Italian Legislative Decree No. 206/2005 (Consumer Code), all the products on sale on this Website are covered by a 24-month Legal Warranty. On the basis of the 24-month Legal Warranty, GIBELLINI PROJECTS & CO. S.R.L. is responsible vis-à-vis the consumer (the individual who acts for purposes extraneous to entrepreneurial, commercial, artisan or professional activities possibly carried out) for compliance defects not possible to note at the time of purchase. The compliance defect exists when the product is not suitable for the use for which it must usually be used, is not compliant with the description or does not have the qualities promised by the seller, it does not offer the usual qualities and the performances of a good of the same type, it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller (as indicated in Article 129 of the Consumer Code). The compliance defect which manifests within 24 months of the date of purchase of the good must be reported within the 2 months after the date of discovery of the defect. Subject to evidence to the contrary, it is presumed that the compliance defects which manifest within 6 months of the delivery of the good existed already as of that date. In the event of compliance defect, the consumer has the right to the restoration, without costs, of the compliance of the good by means of repair or replacement (Article 130 of the Consumer Code). The consumer may request, at its choice, the seller to repair the good or replace it, without costs in both cases, unless the remedy is objectively impossible or excessively onerous with respect to the other. The repairs and the replacements must be made within a suitable period of time as from the request of the Consumer. For the purpose of the exercise of the Legal Warranty, the customer will have to send a written communication to the Owner by means of registered letter with advice of receipt or certified e-mail care of the addresses ratione temporis emerging from the Chamber of Commerce registers or the “INIPEC” on-line register, the product whose repair and/or replacement is requested will have to be in perfect condition and accurately packaged including all the accessories, the instruction manual and anything else contained in the original packaging of the product. The shipment will have to take place solely subject to the written consent of the owner, with whom the Customer may agree the withdrawal of the product. All the products on sale on the Website, besides being covered by the Legal Warranty, are covered by the Manufacturer’s Warranty. The Manufacturer’s Warranty is additional to, but does not replace, the 24-month Legal Warranty in any event due by law to the consumer, under the conditions envisaged by the law.
For the settlement of any civil disputes deriving from the interpretation, execution and termination of this remote sales agreement, if the Customer is a consumer (or rather an individual who purchases the products not for purposes referable to their professional activities) the binding geographic jurisdiction is that of the court of the place of residence or domicile of said consumer, if located in Italy (Article 63 of Italian Legislative Decree No. 205/2006) in addition to the Modena Court, which also has jurisdiction for all the other disputes which should arise between the parties.