Terms and conditions
The sale of products through this site is managed by
GESCA Srl Strada Napoli 332 - 80053 Castellammare di Stabia (NA)
VAT number 07581801219
YOUR DATA AND YOUR ACCESS TO OUR WEBSITEThe information or personal data provided by the user will be treated according to what is established in the policy. By using the website, you authorize us to process this information and personal data and declare that all information and/or personal data provided to us are accurate and truthful.
USE OF OUR WEBSITEBy using this website and/or placing orders through it, you agree to:
(i) use the website only to carry out legally valid consultations or orders;
(ii) not place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and notify the relevant authorities;
(iii) provide us with your e-mail address, postal address and/or other contact details truthfully and correctly. Likewise, you consent to our use of this information to get in touch with you (if necessary, please read the Information on the Protection of Personal Data). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.
SERVICE AVAILABILITYThe articles offered through this website are available exclusively for delivery on the Italian and European territory.
METHOD OF PERFORMING THE CONTRACTThe information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be returned to you in full.
To place an order, you must follow the online purchase procedure and click on "Authorise payment". Subsequently, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). It is understood that this will not imply acceptance of your order since it constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed by sending an e-mail confirming that the order is being shipped (the "Shipping Confirmation"). The contract between us and you for the purchase of a product (the "Contract") will only be concluded when we send you the Dispatch Confirmation.
Only the products indicated in the Shipping Confirmation will be the object of the Contract. We will have no obligation to supply you with any other product which you have not ordered until we confirm in the Dispatch Confirmation that such product has been despatched.
PRODUCT AVAILABILITYAll product orders are subject to product availability. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to substitute products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any monies you may have already paid.
REFUSAL TO PROCESS AN ORDERWe reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on it. Whilst we will always endeavor to process all orders, exceptional circumstances may arise which require us to refuse to process orders after the Order Confirmation has been sent, and we reserve the right to do so at any time. We have no liability to you or any third party for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for our failure to process your order after you have submitted it. of the Order Confirmation.
DELIVERYWithout prejudice to the provisions of the previous article "product availability" and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product/s indicated in the relative Shipping Confirmation within 5 working days and, in any case, within the maximum term of 30 days from the date of the Order Confirmation. However, there may be delays due to various reasons such as unforeseen circumstances or the delivery area. If for any reason we are unable to meet the delivery terms, we will inform you and give you the options to continue shopping by setting a new delivery date, or to cancel the order, with the consequent refund of the full amount paid. . Please note that no home deliveries are made on Saturdays and Sundays,
IMPOSSIBILITY OF DELIVERYIf we are unable to complete delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the place where your order is and how to arrange a new delivery. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date. If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract which will therefore be deemed terminated. As a result of the termination of the Contract, we will refund all the amounts paid by you, including delivery costs (with the exclusion of any additional costs deriving from your choice of a delivery method other than the ordinary method offered by us ) without unjustified delay and, in any case, within 14 days from the date of termination of the Contract. Please note that the transport resulting from the termination of the contract may have additional costs which will be at your expense.
PASSAGE OF RISK AND OWNERSHIP OF THE PRODUCTSThe risks relating to the products will pass to you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or upon delivery if this occurs at a later time.
PRICE AND PAYMENTPrice
The price of the products will be as indicated on our website from time to time, except where there is an obvious error. Although we make every effort to ensure that all prices appearing on the site are correct, errors may occur. If we discover errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct amount or canceling it. If we are unable to get in touch with you, the order will be canceled and you will be refunded the full amount paid. We will have no obligation to supply you with the product(s) at the lower price incorrectly indicated (even if we have already sent you the Dispatch Confirmation) if the pricing error was obvious and unmistakable and therefore if it was reasonably possible for you to identify it as incorrect. The prices on the website include VAT, but exclude shipping costs, which are to be added to the total amount payable. Prices may vary at any time; however (unless previously stated) possible changes will not affect orders for which we have already sent an Order Confirmation. Once you have selected the items you wish to purchase, these items will be added to your cart and the next step will involve completing the order and making payment. To this end, he must follow the purchase instructions, entering or verifying the information requested in each step of the purchase process.
You can pay by Visa, Mastercard credit cards, via PayPal and bank transfer. To reduce the risk of unauthorized access, your card details will be encrypted. The charge will be made once your order is received. Credit cards will be subject to verification and authorization by the issuer of the same, but if this entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to enter into any Contract with you. During the purchase process , before finalizing the payment, in accordance with the general conditions of purchase, you can modify the details of the order. You will then have to choose your preferred payment method and decide whether or not to request a courtesy receipt (if available), before ordering. Please remember that the order will be binding according to the modalities of completion of the Contract referred to in these Conditions. Payment can be made by Visa, Mastercard and the arrangements described above regarding validation checks and card authorization will apply.
VAT (VALUE ADDED TAX)In accordance with current legislation, any purchase made through the website will be subject to Value Added Tax (VAT).
RETURNS/EXCHANGES POLICYRight of withdrawal by law
Right of withdrawal
If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period referred to in the previous paragraph ends after 14 days starting from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good. To exercise the right of withdrawal, you must inform us by filling out the form on the site in the "contact" section.
Effects of withdrawal
If you withdraw from the Contract, you will be refunded all payments you have made to us, including delivery costs, without undue delay and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from the Contract . These refunds will be made using the same means of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement. The refund remains suspended until receipt and verification of the condition of the goods or. The deadline is met if you return the goods before the 14-day period has expired. You are only liable for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Without prejudice to the provisions in the previous paragraphs, once the item has been received, if you wish to change the size of the product purchased, you may request the size change without additional delivery costs for the new product, provided that you return the original item in the same condition in which has been delivered, undamaged and within the terms set out in these Terms. To exercise the right of withdrawal, you must inform us by filling out the form on the site in the "contact" section under the "return" heading.
Return of defective products
In the event that you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us by filling out the form on the site in the "contacts" section under the "returns" heading. Once returned, we will proceed to carefully examine the returned product and will notify you by email, within a reasonable time, whether we will proceed with a refund or replacement of the product (as the case may be). The refund and/or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending an email from us in which we will confirm that we will proceed with the refund or replacement of the item unsuitable. The amount paid for the products that will be returned due to damage or defect, if they actually exist, will be refunded in full, including the delivery costs incurred for sending the item and for returning it by you. The refund will be made via the payment method used to make the purchase.
LIABILITY AND DISCLAIMERExcept as otherwise provided in these Terms, our liability in respect of products purchased on our website shall be limited solely to the purchase price of the relevant product. Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:
a) Cases of death or personal injury resulting from our negligence;
b) Cases of fraud or fraudulent activity; or c)
c) Any circumstance in which it would be unlawful or illegal for us to exclude, limit or seek to limit or exclude our liability.
Without prejudice to the provisions of the previous paragraph and to the extent permitted by applicable law, and except as otherwise provided in these Terms, we will not accept any liability for consequential damages, such as:
the. loss of profit;
ii. loss of turnover;
iii. loss of earnings or loss of contracts; iv. loss of expected savings;
v. data loss; as well as vi. waste of office administration time.
Due to the open nature of this website and the potential for errors to occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through this website, unless expressly stated otherwise. All product descriptions, information and materials appearing on the website are provided "as is" and without express or implied guarantees, without prejudice to those of the law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Contract if (i) they comply with the description provided by us and possess the qualities presented on this website, (ii) they are suitable for the use to which the products are normally intended, (iii) they show quality and characteristics which are normal in products of the same type and which can reasonably be expected. Within the limits established by law, we exclude all guarantees, except those that cannot be legitimately excluded in relation to consumers and users. Our products have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or color variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be expected and appreciated. We select only the highest quality products but this type of variation is unavoidable and must be accepted as part of the characteristic appearance of the product. These provisions do not in any way limit the rights recognized to consumers by current legislation or your rights to cancel the Contract.
INTELLECTUAL PROPERTYYou acknowledge and agree that all copyrights, registered trademarks and any intellectual property rights on the materials or contents presented as an integral part of the website are owned by us and by those who have granted us licenses for their use. You may use such material only in the manner for which you receive express authorization from us or from those who have granted us licenses for their use. This will not prevent you from using this website to the extent necessary to copy your order information or contact details.
VIRUSES, PIRACY AND OTHER RISKS OF CYBER ATTACKSYou must avoid any improper use of this site as well as avoid the introduction of viruses, troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. If not authorized, you must not access the website or the server where it is hosted or other servers, computers or databases related to our website. It undertakes not to perpetrate DoS attacks against this website. Failure to comply with this clause could lead to violations defined by the relevant legislation. In the event of non-compliance with the aforementioned regulation, we will take care of informing the competent authorities with whom we will collaborate to identify those responsible for the perpetrated attack. Likewise, in the event of non-compliance with this Article, your authorization to use the website will be immediately withdrawn.
Within the maximum limits permitted by current legislation and in compliance with the fundamental rights of consumers, we decline all responsibility in the event of any damage or loss deriving from a DoS attack, virus or other program or material that may cause technological damage to your computer, IT equipment, data or materials as a result of the use of our website or the downloading of content from it, or which redirects the user to it.
LINKS FROM OUR WEBSITEWhere our site contains links to other pages or materials from third parties, such links are provided for information only, without our control over the content or materials contained on such pages or sites. Therefore, we accept no responsibility for any damage or loss resulting from their use.
WRITTEN COMMUNICATIONSThe applicable legislation provides that part of the information or communications that we will send you are in written form. By using this website, you agree that most communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by placing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit the rights recognized by current legislation.
NOTIFICATIONSAll communications addressed to us should be sent preferably using our online form. Notices will be deemed received and properly notified when posted on our website respectively, 24 hours after an email is sent, i.e. three days after the date of posting. To demonstrate that a communication has been served, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of e-mail, that it was sent to the address recipient's email.
ASSIGNMENT OF RIGHTS AND OBLIGATIONSThe Agreement between you and us is binding on both you and us, as well as our respective successors and assigns. You are prohibited from transferring or assigning the Contract, or any of the rights or obligations under it, in any way, without our prior written consent. We will have the right to freely transfer, assign, subcontract or dispose of in any way and at any time the Contract, or any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposition of the Contract will have no impact on the rights which you are entitled to as a consumer or will void, reduce or limit in any way any of the guarantees or responsibilities offered by us, explicitly or implicitly.
MAJOR FORCEWe will not be liable in any way for any failure or delay in performing any of our obligations under the Contract caused by events which are beyond our reasonable control (“Force Majeure Events”). Force Majeure Event means any act, event, non-happening, omission or accident beyond any reasonable control; this expression includes, by way of example but not limited to, the following:
1. Strikes, lockouts or other industrial action.
2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), or threats of war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any major maritime, postal or other transport strike, disaster or accident. It is understood that the execution of the obligations referred to in the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension to perform the Agreement equal to the duration of that period. It is understood that, while pending Force Majeure Events, we will endeavor to find a solution by which to comply with our contractual obligations.