GENERAL CONDITIONS OF SALE
Read the general conditions of sale before buying in GINOFERRUZZI.IT
Thank you for visiting GINOFERRUZZI
These terms and conditions govern the relationship between GINOFERRUZZI and the customer regarding the purchase of products through this site.
These conditions of sale are drawn up in compliance with Legislative Decree n. 206 of 2005 (Consumer Code) and its subsequent amendments and additions, to the civil code and to the legislation on electronic commerce (Legislative Decree 70/2003 and subsequent amendments and additions). They concern the sale of products carried out remotely via computer network (internet) through the site ginoferruzzi.it
The rules specifically provided for the protection of the Consumer do not apply to the customer represented by a Professional, who therefore cannot avail himself of the particular rights and terms provided exclusively in favor of the Consumer by these general conditions; the applicability of the other conditions remains unaffected.
These conditions may be updated or modified without notice by GINOFERRUZZI at any time and will be valid from the date of their publication on the GINOFERRUZZI.IT website. The buyer, therefore, undertakes to read and accept these conditions of sale before any purchase operation that he wishes to carry out; and will also be able to print and storage them.
For the purposes of these general conditions, it is meant by:
a) “Consumer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
b) “Professional”: the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or his intermediary;
c) “Goods – Product – Goods”: the goods offered for sale on the site and purchasable in it through the stipulation of the relative distance contract; this definition also includes “goods produced according to the Consumer’s instructions”, understood as any non-prefabricated goods produced on the basis of an individual choice or decision by the Consumer;
d) “Customer/Buyer”: the natural or legal person who concludes the contract for the purchase of one or more products (the terms Customer and Buyer include Consumers and Professionals);
e) “sales contract”: any contract under which the Professional seller transfers or undertakes to transfer ownership of goods to the Customer and the Customer pays or undertakes to pay the price;
f) “distance contract”: any contract concluded
between the Professional seller and the Customer within the framework of an organized distance selling regime without the physical and simultaneous presence of the Professional seller and the Customer, through the exclusive use of one or more remote means of communication until the conclusion of the contract, including the conclusion of the contract itself;
g) “durable medium”: any tool that allows the Consumer or Professional buyer to keep the information that is personally addressed to him so that he can access it in the future for a period of time appropriate to the purposes for which they are intended and which allows reproduction identical of the stored information;
h) “Site”: overall, it is the ginoferruzzi.it website owned by Gino Ferruzzi S.r.l. or other sites and platforms attributable to the same (eg: the ginoferruzzi.com site) where it is possible to enter into a distance contract;
h) “digital content”: data produced and provided in digital format;
i) “legal guarantee”: is the protection provided by the legislation towards the Customer in the event of the purchase of defective products, which malfunction or do not respond to the use declared by the seller or to which that good is generally intended;
3. SELLER INFORMATION
The goods for sale on the GINOFERRUZZI.IT website are produced and sold by the company
GINO FERRUZZI SRL
with legal and operational headquarters in Via Cassia 67 – 50023- Impruneta (FI), registered in the c.c.i.a.a. of Florence at no. REA FI-448074 of the Company Register – Tax Code and VAT number 04413110489.
For any information regarding purchases, orders or shipments, you can contact the customer care at the following addresses:
telephone: +39 055/854219 from Monday to Friday from 9 to 17 (Italian hours)
4. ACCEPTANCE OF THE TERMS OF SALE – CONCLUSION OF THE CONTRACT
4.1 To access our sales service, you must:
– Have a valid email address (all notifications will be sent to this email);
– Be 18 years of age or older;
– Be able to enter into legally binding contracts;
4.2 The procedure necessary for the purchase of the product is guided and allows the Customer at any time to verify and validate any data or information entered and to correct any errors.
The purchase contract is considered concluded after the Customer has accessed the GINOFERRUZZI.IT website and has followed the instructions and completed the procedure provided for the purchase of the product and confirmed the purchase itself. Once the product has been selected, it must be added to the cart (“add to cart” button). In this last section it is possible to view the product to be purchased, the quantity and the price. On the next page, which can be accessed by clicking on the “view cart” button or on the “payment” button, it will be possible to check the summary of what you intend to purchase (type of product, quantity, cost) and apply any promotional code in your possession, which will entitle you to a discount on the price, visible by clicking on the “update cart” button. You access the next page by clicking on the “proceed with the order” bar, where it will be possible to indicate the data necessary for the purchase and shipment and also enter the data relating to the payment method. It is strictly forbidden to enter false or invented data or to make a double registration corresponding to a single person. GINOFERRUZZI is not obliged to carry out any checks on the veracity of the personal data entered during registration. The Customer indemnifies GINOFERRUZZI from any liability or damage resulting from the insertion of false, invented or third-party personal data or from the issuance of false or incorrect documents.
By clicking on the “place order” button, the purchase will be confirmed.
4.3. Through the GINOFERRUZZI.IT website it will also be possible to purchase a personalized product, upon request to be made using the form therein or by sending an email. By sending the order proposal, the Customer offers to purchase a product; therefore, sending the order proposal via form or email does not bind GINOFERRUZZI, which reserves the right to verify the feasibility of the purchase proposal and to communicate the acceptance of the proposal itself or its refusal to the Customer by email. In this case, the remote sales contract will be considered concluded only in case of acceptance by the Customer of the conditions and terms of sale indicated by GINOFERRUZZI of the personalized product and its payment.
4.4 It is the Customer’s responsibility to read and accept these general conditions of sale before completing the procedure for purchasing the product.
4.5 The Customer’s electronic transmission of the purchase order confirmation (by clicking on the “place order” button) implies the unconditional acceptance of these general conditions of sale and, therefore, the obligation to comply with them, also acknowledging that GINOFERRUZZI does not consider itself bound to different conditions unless previously agreed in writing.
4.6 Confirmation of the reception of the order will be made by GINOFERRUZZI by sending an email to the email address indicated by the Customer during the purchase or registration procedure. The correctness of the purchase procedure will be confirmed in this email; the identification number of the order, the quantity and type of products purchased, the number of packages, the date and time of placing the order; the total price with the relative distinction between the price of the goods and the delivery costs and applicable taxes; the data provided by the Customer for billing, the payment method chosen by the Customer, a summary of the general conditions of sale, the right of withdrawal. The Customer must immediately check the content of the communication and immediately inform GINOFERRUZZI of any errors or omissions.
5.1 The products offered for sale by GINOFERRUZZI through the GINOFERRUZZI.IT website are of its own production and comply with current Italian legislation.
5.2 The essential characteristics of the products are shown in specific technical data sheets, accompanied by photographic images, which the Customer can view before proceeding with the purchase. However, these images are for informational purposes only and may differ partially from the actual characteristics of the product (for example in color or size). GINOFERRUZZI is not responsible for any discrepancies in the images with respect to the real characteristics of the product due to a particular configuration of the Customer’s computer or its malfunctioning.
5.3 GINOFERRUZZI reserves the right to modify the technical information of the products, even without any notice and it is, therefore, the Customer’s responsibility to check the technical-informative data present in the data sheets before placing each order.
5.4 The technical sheet of each product (or the web page dedicated to it) contains the following additional information:
a) the price including VAT (for Italy);
b) the dimensions, colour, processing methods, materials and details of the product, methods of correct conservation;
c) delivery times and methods;
d) link to access the returns policy.
6 RIGHT OF WITHDRAWAL
6.1 The right of withdrawal is governed by the Consumer Code, in the case of sales away from business premises and/or distance selling. The Consumer has the right to unilaterally withdraw from the contractual relationship according to the terms and procedures established by law, without providing any justification. This right is attributed only and exclusively to the “Consumer” Customer (see the definition in point 2).
6.2 GINOFERRUZZI offers its Customers a money back guarantee. If you are not satisfied with the goods received, you can send them back, as required by current legislation (Legislative Decree 206/2005) within 14 days of the reception.
-Procedure for returns:
» Send a communication within 14 days of receiving the goods by email to firstname.lastname@example.org, indicating the intention to withdraw, the order number and the model purchased.
» Insert the order number inside the package with the return request.
» The shipment can be made by DHL courier to the following address: Gino Ferruzzi Srl Via Cassia, 67 – Loc. Tavarnuzze – 50023- Impruneta (Florence) Italy
» The transport costs for returns remain the responsibility of the buyer.
» By exercising the right of withdrawal, the Customer can choose between one of the following options:
* replacement of goods for item exchange
* re-crediting of the money, exclusively with traceable methods; the refund concerns the price of the product and will be made within 14 days of the reception of the returned goods, subject to verification of the integrity of the same.
6.3 Please note that in order to validly exercise the right of withdrawal, the product must be intact, unaltered, unwashed, undamaged, unused and unworn, complete with all its parts and all original packaging, placed in its original packaging (considered an integral part of the product itself), complete with attached tags and guarantee seal, with adequate external packaging. The lack of even one of these characteristics or essential elements will result in the forfeiture of the right of withdrawal and, in this case, GINOFERRUZZI will return the product to the sender, charging the shipping costs and the price of the product (if already refunded) or to retain the price of it.
6.4 It is not possible to exercise the right of withdrawal on only a part of the product and in no case can it be exercised by refusing delivery of the order.
6.5 GINOFERRUZZI will provide communication of reception of the will to exercise the right of withdrawal by mail.
6.6 The Customer is responsible for the decrease in value of the goods resulting from the handling of the same other than that necessary to establish its nature, its characteristics and its functioning.
6.7 The right of withdrawal cannot be exercised: 1) in the event that the purchaser is another “Professional” (see the definition in point 2) and therefore the purchase is made by invoicing; 2) in the case of supply of made-to-measure or clearly personalized goods; 3) do not apply to contracts negotiated away from business premises or at a distance on the basis of which considering that the amount the Consumer must pay is less than 50 euros. However, the exclusion does not apply in the case of several contracts stipulated simultaneously between the same parties, if the amount of the global consideration that the Consumer must pay, regardless of the amount of the individual contracts, exceeds the amount of 50 euros.
6.8 GINOFERRUZZI will refund the price using the same payment method used for the purchase, unless otherwise agreed, or alternatively offer the possibility of replacing the goods with other products of the same amount. The refund of the price will include all sums paid by the Customer.
6.9 It is understood that the shipping costs for returning the purchased product are the sole responsibility of the Consumer and the return procedure is under his sole responsibility. The Customer, therefore, will be responsible for any loss, theft, damage that occurs during the return shipment.
6.10 Any gifts received must be returned together with the goods.
7 PAYMENT SYSTEMS
7.1 Payment can be made by PayPal, credit/debit card, bank transfer.
7.2 Different options appear on the order form:
» Payment with PayPal: by selecting this payment method, your browser will be automatically redirected to the PayPal website to carry out the transaction; once the payment is completed you will automatically return to our site.
» Payment by credit/debit card: it is possible to pay by credit/debit card, prepaid card and Postepay through Nexi. Payments are accepted with the following cards: POSTEPAY, VISA, VISA ELECTRON, MASTERCARD, MAESTRO, AMERICAN EXPRESS, CARTA AURA. To proceed with the payment when confirming the order, select the “Credit, Postepay and Prepaid Cards” method and then you will be redirected to the Nexi website page to fill in the relative data in complete safety. If you want to go through the Paypal circuit, you need to select the “Paypal” mode.
» Payment by bank transfer: the order form contains all the details for making the payment by bank transfer. The goods will be shipped only after the actual crediting to the bank account. It is advisable to send a copy of the receipt of the bank transfer via email.
7.3 The credit times appear to be on average 3/10 working days.
7.4 GINOFERRUZZI does not manage or carry out the electronic or paper archiving of the payment data entered by the Customer (for example and not limited to, the credit card number, its expiry date, etc.). These data are transferred directly to the credit institution via an encrypted protocol and, therefore, acquired and managed directly by the latter. In no case, therefore, GINOFERRUZZI can be held responsible for any fraudulent or unlawful use of such data by third parties.
8 ORDERS AND SHIPMENTS
8.1 GINOFERRUZZI has the right not to execute orders in violation of current legislation.
8.2 Through the pages of its site, GINOFERRUZZI offers its Customers the possibility of purchasing both immediately available products, products not present in stock or personalized products; in the last two cases (products not immediately available and personalized products) delivery can vary from a few days to a few weeks. In all the cases indicated above, however, the goods must be paid for upon conclusion of the contract and with the means of payment described above.
8.3 Delivery times vary according to the location to which the shipment is to be made and are purely indicative and may vary due to factors not due to the seller (bad weather, strikes, etc.) Any delays in the delivery of the product attributable to the responsibility of the couriers will not entitle to refunds total or partial of the price.
8.4 In case of shipment abroad, delivery times could be extended due to any customs procedures. The prices indicated on the site are to be understood as “free at destination”, therefore any applied duties are borne by GINOFERRUZZI.
8.5 The delivery times indicated below are to be understood as working days and for the purchase of products available in the warehouse at the time of the order:
a – for Italy (excluding the Islands and disadvantaged areas): 48/72 hours
b – for Sicily, Sardinia, other minor islands and disadvantaged areas: 3/5 days
c – to European Union countries: 3/7 days
d – rest of the world: 3/7 days
8.6 GINOFERRUZZI is not responsible for any delays during the shipping service. Transit times may vary, particularly during holidays.
8.7 GINOFERRUZZI uses the DHL courier. The Customer does not have the right to choose the courier which will be designated exclusively by GINOFERRUZZI.
8.8. Shipping costs are totally borne by GINOFERRUZZI.
8.9 Upon delivery of the product to the shipper, the Customer will receive the shipment number (tracking number) by email, with which he can trace the package.
9. HOW TO BEHAVE ON DELIVERY OF THE PRODUCT
9.1 Upon delivery of the package by the courier, the Customer has the responsibility to check the conditions of the packaging.
A) In the event that the package is not perfectly intact, the Customer must collect it “with reserve”, or put the wording “withdrawn with reserve – package damaged” next to the signature on the delivery note;
B) In the event that the package is seriously damaged with evidence of damage also to the contents of the same, the Customer must refuse the goods asking to put the words “refused goods – damaged package” on the delivery note;
C) Furthermore, the Customer must verify that the number of packages corresponds to those indicated in the order confirmation email received at the time of conclusion of the contract;
9.2 Any disputes in this regard must be raised with the courier immediately upon delivery, otherwise the product is considered correctly and fully delivered.
9.3 The Customer must keep the invoice and the delivery note, as they are valid documents for the warranty of the goods.
9.4 To avoid any damage to the product, it is recommended not to use blades or sharp objects to open the packaging.
10.1 All prices indicated on the site are expressed in Euros. Customers are invited to contact their banking institution to request detailed information on exchange rates and bank commissions relating to their transaction.
10.2 All prices include VAT and all other taxes envisaged by Italian and European legislation and any customs fees, duties or other taxes specific to foreign countries of destination, since all are borne by GINOFERRUZZI.
10.3 The prices indicated on the site include shipping costs.
11. PROMO CODES
11.1 In the “cart” section, the box for entering the promotional code may appear. Once entered, you must press the “apply promotional code” button and then the “update cart” button, so that the order price can be updated. Before confirming the purchase, it is advisable to check the effective application of the relative discount.
11.2 Only one coupon code can be applied to each order.
12. AFTER-SALES GUARANTEE
12.1 The legal guarantee of conformity provided for by the Consumer Code
It has a duration of 24 months from the day of delivery of the product in relations with the “Consumer” Customer; it is not applicable in case of a contract concluded with another Professional. All GINOFERRUZZI products are covered by a guarantee, as required by Legislative Decree 206/2005.
– The legal guarantee is intended to remedy the lack of conformity. In order to comply with the sales contract, the goods must possess the following subjective requirements: a) correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics as set forth in the sales contract; b) be suitable for any particular use desired by the Consumer, which has been brought to the attention of the seller at the latest at the time of conclusion of the sales contract and which the seller has accepted; c) be supplied together with all the accessories and instructions required by the sales contract. In addition to complying with the subjective requirements of conformity, in order to comply with the sales contract the goods must possess the following objective requirements: a) be suitable for the purposes for which goods of the same type are normally used, possibly taking into account other provisions of the national legal order and Union law, technical standards or, in the absence of such technical standards, industry codes of conduct applicable to the specific sector; b) possess the quality and correspond to the description of a sample or model that the seller has made available to the Consumer before the conclusion of the contract; c) be delivered together with the accessories, including packaging, instructions, that the Consumer can reasonably expect to receive; d) be of the quantity and possess the qualities and other characteristics, also in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the Consumer can reasonably expect, taking into account the nature of the good and the declarations made by or on behalf of the seller, or by other persons in the previous steps of the chain of commercial transactions, including the manufacturer, especially in advertising or labelling.
– For the purpose of restoring the conformity of the goods, the Consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the seller, taking into account all the circumstances and, in particular , of the following: a) the value that the goods would have in the absence of the lack of conformity; b) the extent of the lack of conformity; c) the possibility of using the alternative remedy without significant inconvenience for the Consumer. The seller may refuse to bring the goods into conformity if repair and replacement are impossible or if the costs to be incurred by the seller are disproportionate, taking into account all the circumstances.
– Secondarily and alternatively, the Consumer has the right to a proportional reduction of the price or to the termination of the sales contract in the event that: a) the seller has not carried out the repair or replacement or has not carried out the repair or replacement pursuant to article 135-ter, paragraph 1 (i.e.: free of charge; within a reasonable period of time from the moment in which the seller was informed by the Consumer of the lack of conformity and without significant inconvenience for the Consumer, taking into account the nature of the good and the purpose for which the Consumer wanted the good) or has refused to bring the goods into conformity; b) a lack of conformity occurs, despite the seller’s attempt to restore the conformity of the goods; c) the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract; d) the seller has declared or it is clear from the circumstances that he will not restore the conformity of the goods within a reasonable period or without significant inconvenience for the Consumer. The Consumer does not have the right to terminate the contract if the lack of conformity is only minor.
– The action aimed at asserting the defects is prescribed, in any case, within the term of twenty-six months from the delivery of the goods; the Consumer, who is in agreement for the execution of the contract, can however always assert the rights referred to in article 135-bis of Legislative Decree 206/2005 (Consumer Code).
12.2 The legal guarantee pursuant to art. 1490 and subsequent cod. civ.
In the case of a contract concluded with another “Professional”, the rules set out in articles 1490 of the civil code and the following. In particular, the guarantee will have a duration of 12 months and the lack of conformity must be reported within 8 days of its discovery. Furthermore, the professional buyer may request a reduction in the price or, alternatively, the termination of the contract.
12.3 The legal guarantees are not applicable in the event of incorrect maintenance of the product or damage due to negligence, or due to accidental events or the responsibility of the Customer.
12.4 GINOFERRUZZI will proceed to check the material to ascertain the applicability of the guarantee. No return will be accepted unless previously examined and authorized by GINOFERRUZZI.
12.5 How to proceed:
The Customer can send an email to the email address email@example.com, describing the defect found, accompanying the description with photos that highlight the defective part of the product. The customer service will contact the Customer to get more details of the problem encountered and to provide all the necessary instructions, if it is essential to recollect the product itself. In the latter case, the product must be carefully packed, in its original packaging, and must be complete with all its accessories. Shipping costs will be borne by GINOFERRUZZI.
The trademark on the site is registered and owned by GINOFERRUZZI. The material contained on the website is protected by copyright. Trademarks, logos and other distinctive signs, texts and images present belong to GINOFERRUZZI. Their use, reproduction, alteration, transmission, publication, or redistribution is prohibited.
14. PROCESSING OF PERSONAL DATA
15. JURISDICTION AND APPLICABLE LAW
15.1 These general conditions of sale have been drawn up in compliance with the laws of the Italian Republic.
15.2 For any dispute concerning the interpretation, execution, validity and effectiveness of these general conditions of contract, as well as for any dispute concerning the navigation of the ginoferruzzi.it website, the Court of Florence will have exclusive jurisdiction; the mandatory Court of the place of residence or domicile of the Consumer Customer pursuant to the Consumer Code and European legislation is reserved.
16. ALTERNATIVE METHODS OF DISPUTE RESOLUTION
16.1 The Legislative Decree 130/2015 and the REG. EU 524/2013 provide for the possibility of resolving disputes between “Consumers” and sellers online for contracts concluded online, by accessing the dedicated platform, which can be consulted at the following address: http://ec.europa.eu/consumers/odr. dispute resolution must be considered an alternative to that of ordinary jurisdiction. It is intended to favor an amicable resolution of the dispute.
16.2 It should also be remembered that Italian legislation also provides for out-of-court dispute resolution institutions (so-called ADRs), thanks to which it is possible to reach an agreement without necessarily having to appeal to the judicial authority. In addition, the consumer customer has the opportunity to protect his interests through the consumer association.