These terms and conditions of sale are for the purchase of products, through the site www.ghidini1961.com, by end users who are 'consumers' (defined by the law as any physical person who purchases the goods for purposes not related to the own commercial or professional activity, or make a purchase without indicating a VAT number in the order form). Any natural person not qualifying in such terms as 'consumers', will go for the purchase information to the email address email@example.com. The site www.ghidini1961.com is directly managed by Ghidini Giuseppe Bosco S.p.a. ('Ghidini1961') with registered office in Villa Carcina (BS), via d'Annunzio, 27-25069, registered with the Companies Register of Brescia and C.F. 00506910173 VAT number 00567940986
1.1 The contract between Ghidini1961 and the customer must be understood concluded with the acceptance, even partial, of the order by Ghidini1961. This acceptance is considered tacit, unless otherwise communicated in any manner to the Customer. This acceptance is missing in the event that the buyer is different from a 'consumer' or concerns orders that do not comply with their commercial policy. By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general conditions and payment transcribed below. 1.2 Once the online purchase procedure has been concluded, the Customer will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of Articles. 3 and 4 of Legislative Decree 185/1999 on distance sales. 1.3 Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the non-acceptance, even partial, of an order.
2.1 The Customer can only purchase the products in the electronic catalog of www.ghidini1961.com at the time of placing the order and viewable online at (URL) www.ghidini1961.com, as described in the relevant information sheets. 2.2 The correct receipt of the order is confirmed by firstname.lastname@example.org by an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain Date and Time of order processing and a 'Customer Order Number', to be used in any further communication with www.ghidini1961.com. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the procedures described in this document. 2.3 In case of non-acceptance of the order, Ghidini1961 guarantees timely communication to the Customer.
3.1 Purchases through Paypal By purchasing the goods with PayPal payment methods, together with the conclusion of the online transaction, PayPal will immediately charge the amount related to the purchase made. 3.2 In case of cancellation of the order, both by the Customer and in case of non-acceptance of the same by Ghidini1961, together with the cancellation, the amount related to the canceled goods will be credited back to the customer's Paypal account. The timing of re-credit on the chosen payment instrument within the Paypal account depends exclusively on PayPal and the banking system. Once the amount has been credited to the Paypal account, in no case will Ghidini1961 be held responsible for any damages, direct or indirect, caused by delays in the actual crediting of Paypal or the banking system. 3.3 Ghidini1961 reserves the right to request additional information from the Customer (eg telephone number) to determine the actual ownership of the PayPal account. In the absence of the required documentation, Ghidini1961 reserves the right not to accept the order. 3.4 At no time during the purchase process Ghidini1961 is able to know the information relating to the buyer's credit card or the financial information of the PayPal account. Under no circumstances Ghidini1961 can therefore be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of products purchased on www.ghidini1961.com. 3.5 Payment by credit card. The cards accepted by Paypal are: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura, Discover. 3.6 Ghidini1961 reserves the right to ask the Customer for additional information to determine the actual ownership of the credit card. In the absence of the required documentation, Ghidini1961 reserves the right not to accept the order. 3.7 At no time during the purchase process Ghidini1961 is able to know the information relating to the buyer's credit card. Under no circumstances can Ghidini1961 be held responsible for any fraudulent and undue use of credit cards by third parties, deed of payment for products purchased on www.ghidini1961.com.
4.1 Ghidini1961 can accept orders with delivery in Italian territory, EU countries and non-EU countries. Shipping costs are set according to the country and the product purchased.
4.2 Cancellation of the order is possible until it will get processed. 4.3 For each order placed on www.ghidini1961.com, Ghidini1961 issues a fiscal document of the material sent, sending it via e-mail to the order holder, pursuant to article 14 D.P.R. 445/2000. For the issuance of the tax document, the information provided by the Customer at the time of the order shall prevail. No change in the tax document will be possible after the issuance of the same. 4.4 The shipping costs charged to the customer, where provided, are clearly stated when the order is placed. The payment of the goods by the Customer will take place using Paypal or Credit Card. 4.5 The delivery of the package can be monitored through the tracking number which will be accessed in your client account page, in the order history section. No responsibility can be attributed to Ghidini1961 in case of delay in the order or delivery of the order. 4.6 At the time of delivery of the goods by the courier, the customer is required to:
- check that the number of packages delivered corresponds to that indicated on the courier delivery test
- check that the packaging is intact, not damaged, wet or otherwise altered, also in the sealing materials (adhesive tape or metal straps)
- sign the courier delivery test by submitting a written control reserve specifying the reason for the reservation (Example of specific control reserve to be written next to your signature: "Subject to control due to dented box").
Once the proof of delivery of the courier has been signed without reservation of written control specifying the reason of the reserve, the customer can not contest in any way any damage to the contents of the boxes and can not avail the insurance coverage against theft and damage. The only way to be able to contest any hidden damage that can be discovered only after opening the package and then start the refund or replacement practices is to sign the delivery test of the courier with reservation of control by personally writing the reason for the reservation, also on the electronic terminal used by the courier at the time of delivery (example: dented, signature). Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 calendar days after delivery, according to the procedures set forth in this document. The delivery of the order is understood to be on the street level, unless otherwise communicated by our customer service as provided in the product technical sheet or if there is an explicit purchase of the delivery to the plan, where foreseen. 4.7 In case of failure to collect within 5 working days of the material in storage at the warehouses of the courier because of repeated inability to deliver to the address specified by the Customer when ordering, what ordered will be returned to the warehouses of Ghidini1961.
5.1 Pursuant to art. 52 of the Consumer Code, if the Customer is a consumer (ie a physical person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form to www.ghidini1961.com with reference of VAT number), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following point 5.3.
5.2 To exercise this right, the customer must send a communication to www.ghidini1961.com to do so within 14 days from the date of receipt of the goods. The customer must inform Ghidini1961 of his decision to avail himself of the right of withdrawal by sending an explicit declaration by registered mail to: Ghidini Giuseppe Bosco S.p.a. - Via d'Annunzio 27, CAP - 25069, Villa Carcina (BS). The burden of proof relating to the exercise of the right of withdrawal pursuant to art. 54 of the Consumer Code is incumbent on the consumer. Once we have received the aforementioned notice of withdrawal, Ghidini1961 will quickly communicate the instructions on the return method via e-mail to the customer, assigning a unique DR code for the return of the goods, which must be sent to Ghidini1961 within 2 days from the authorization to courier service or registered mail. The goods must be returned intact, unused, complete with all its parts and in original packaging (envelopes and packaging), subject to the conditions of 5.3.
5.3 The right of withdrawal is however subject to the following conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;
- the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original package, we recommend placing it in a second box, on which to affix the label provided by Ghidini1961, showing the number of DR (return authorization code); in all cases, the affixing of labels or adhesive tapes directly onto the original packaging of the product should be avoided;
WARNING: Ghidini1961 personnel are not authorized to collect goods on which the DR number is not reported. By law, the shipping costs related to the return of the asset are charged to the customer; the costs of delivery to the customer and any other accessory expenses shown at the time of ordering will not be reimbursed; the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer; in case of damage to the goods during transport, www.ghidini1961.com will inform the customer of the event (within 5 working days from receipt of the goods in their stores), to allow him to promptly report his complaint to the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for his return, simultaneously canceling the request for withdrawal. Ghidini1961 is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; upon its arrival in the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the packaging and / or the original packaging are damaged, Ghidini1961 will deduct from the refund due a percentage, however not exceeding 10% of the same, as a contribution to the restoration costs. 5.4 Without prejudice to any restoration costs for damages established to the original packaging, Ghidini1961 will refund the customer the amount already paid for the purchase of the goods, within 30 days of his return, by means of a transfer of the amount by Paypal by e-mail address or by bank transfer. In the latter case, the customer will promptly provide the bank details on which to obtain the reimbursement (IBAN and Bank of the invoice). 5.5 The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and / or its content), in the cases in which Ghidini1961 establishes:
- partial use of the goods and any consumables; - lack of external packaging and / or original internal packaging;
- the absence of integral elements of the product (accessories, cables, manuals, parts, ...);
- damage to the product due to causes other than transport.
In case of forfeiture of the right of withdrawal, the customer will not be entitled to reimbursement of the amount paid and will only have the right to be returned to the returned goods at their own risk and at their own expense.
6.1 All products sold by www.ghidini1961.com are covered by a 24-month warranty for conformity defects, pursuant to Legislative Decree 206/05. To use the warranty, the customer must keep the tax document (or DDT) that will receive e-mail in PDF format. 6.2 The 24-month warranty pursuant to Legislative Decree 206/05 applies to products that present a lack of conformity, provided that the product is used correctly, respecting its intended use and as provided in the attached technical documentation. This warranty is reserved to the private consumer (a natural person who buys the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a reference of VAT number). In case of lack of conformity, Ghidini1961 provides, at no cost to the Customer, to restore the conformity of the product by repair / replacement or reduction of the price, until the contract is terminated. 6.3 In the event that, for any reason, Ghidini1961 is unable to provide its customer with a product under warranty (restored or replaced), Ghidini1961 may proceed at its own discretion to refund the amount paid taking into account the use of the goods or its replacement with a product of equal or superior characteristics. 6.4 The customer must inform Ghidini1961 of his decision to make use of the warranty assistance by sending an explicit declaration by registered mail to: Ghidini Giuseppe Bosco S.p.a. - Via d'Annunzio 27, CAP - 25069, Villa Carcina (BS). The goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc ...); to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the affixing of labels or adhesive tapes directly onto the original packaging of the product should be avoided. The customer will be provided by mail an authorization number to return the product (RMA) that must be indicated outside the package, following the instructions provided directly in the relevant authorization e-mail.
ATTENTION: The staff of www.ghidini1961.com is not authorized to collect goods on which the RMA number is not reported.
Ghidini1961 once the product has been received and the defect of the same has been ascertained, it will send an e-mail confirming acceptance of the warranty service and will start the procedure described above.
Without prejudice to the aforementioned warranty, Ghidini1961 excludes any and all liability (contractual or non-contractual) towards the Customer, within the limits of the applicable mandatory standards.
7.1 The personal data requested when placing the order are collected and processed in order to meet the express requests of the customer and will not under any circumstances and for any reason transferred to third parties. Ghidini1961 guarantees its customers compliance with the law on the processing of personal data, governed by the privacy code pursuant to Legislative Decree n. 196 of 2003.
The data controller is Roberto Ghidini, legal representative of Ghidini Giuseppe Bosco S.p.a. via d'Annunzio 27, 25069 Villa Carcina (BS), Italy.
8.1 Any complaint must be addressed to Ghidini Giuseppe Bosco S.p.a. via d'Annunzio 27, 25069 Villa Carcina (BS), Italy.
9.1 The contract of sale between the customer and Ghidini1961 is concluded in Italy and governed by Italian law. In particular, the legislative decree n. 206 of 2005 on the Consumer Code Chapter I 'Of the rights of consumers in contracts' with specific reference to the legislation on distance contracts, of the legislative decree n. 185 of 1999 and of the legislative decree n.70 of 2003 on the part concerning the electronic commerce. For the solution of civil and criminal disputes arising from the conclusion of this contract of distance selling, in all cases the territorial jurisdiction is that of the Court of Brescia.