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General Terms and Conditions of Sale

Art.1
General provisions

1. These general conditions of sale, return policies and policies for the protection of sensitive data apply to the sale of products with exclusive reference to purchases made on the Gambini Meccanica E-commerce site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/24 and Legislative Decree70/03). Products owned by:

Company: Gambini Meccanica S.r.l.
Location: Strada dei Cacciatori sn, Pesaro, 61122 (PU) Italy
VAT number: 00935950410

2. By accessing the url: shop.gambinimeccanica.com, the User enters the online site for the marketing of Gambini Meccanica S.r.l. products, hereinafter referred to as “Gambini Meccanica E-commerce”. Browsing and transmitting a purchase order on the site implies acceptance of the general sales conditions, return policies and personal data protection policies adopted by the site itself, indicated therein.

3. The User, before accessing the products provided by the site, must read these general sales conditions, return policies and personal data protection policies that are generally and unequivocally accepted at the time of purchase.

4. The User is invited to download and print a copy of the purchase order and of these general sales conditions, return policies and personal data protection policies whose terms Gambini Meccanica S.r.l. reserves the right to modify unilaterally and without notice.

5. Users may use the site and then access the products provided by the site in the following languages: Italian and English.

Art. 2
Purpose

 

1. The present general sales conditions, return policies and personal data protection policies govern the submission and acceptance of purchase orders for products on Gambini Meccanica E-commerce and do not, conversely, govern the supply of services or the sale of products by parties other than Gambini Meccanica S.r.l. that are present on the same site via links, banners or other hypertext links.

Art. 3
Contract of sale

 

1. The sales contract between the two parties, Gambini Meccanica S.r.l. and the User, is intended to be agreed upon and binding only when the prescribed purchase procedure is completed. It is considered terminated when the User, after selecting the payment method, proceeds to the payment of the amount and clicks on the “place order” button, automatically receiving confirmation of receipt of the order.

2. To finalize the sales contract, users will be asked to confirm that they have read the general sales conditions, the return policies and the personal data processing policies.

3. The obligations of the two parties are governed by Title III “Regarding Individual Contracts” of Book IV “Regarding Obligations” of the Civil Code, Art. 1470 and Art. 1547 and in general by Italian legislation on the subject.

4. After receipt of the order confirmation, Gambini Meccanica S.r.l. takes charge of the order and undertakes to ship the products covered by the contract within 3 working days following the date of order confirmation. Actual working days are to be intended, as far as orders placed on the days before holidays and holidays are concerned, the 3 days required for order fulfillment starting from the first following working day. The actual delivery date at the User’s domicile is estimated.

Art. 4
Registered users

 

1. When completing the registration procedures, the User agrees to follow the instructions on the site and provide their personal data in a correct and truthful manner.

2. Once the registration has been made, the User will receive an e-mail confirming the registration at the e-mail address provided during registration, containing the username and password to access the reserved area of the Gambini Meccanica E-commerce site and is required in order to finalise the prescribed purchase procedure. Confirmation of registration must be communicated within 24 hours at the latest. After this period, in the absence of confirmation, Gambini Meccanica S.r.l. will be released from any commitment towards the user.

3. The confirmation will in any case exempt Gambini Meccanica S.r.l. from any liability regarding the data supplied by the User. The User agrees to promptly inform Gambini Meccanica S.r.l. of any change in their communicated data at any time.

4. If the user then communicates inaccurate or incomplete data or including in the event that there is a dispute by the interested parties about the payments made, Gambini Meccanica S.r.l. will have the right to suspend the service until the relative deficiencies are rectified.

5. On the occasion of the first request for activation of a profile by the User, Gambini Meccanica S.r.l. will assign the user a username and password. The user acknowledges that such identification data constitutes the validation system for access to services rendered by Gambini Meccanica S.r.l. on its E-commerce site. This is the only suitable system to identify that the acts performed by means of such access will be attributed to the User and will have binding effect upon the User.

6. The User agrees to maintain the secrecy of their access data, to maintain them with due care and diligence and not to sell them, including temporarily, to third parties.

Art. 5
Product availability, right of cancellation and right of return

 

1. The availability of products refers to the current availability when an order is placed. This availability must, in any case, be considered indicative because, due to the simultaneous presence of multiple users on the site, such products may be sold to other customers before the order is confirmed.

2. After confirmation of receipt of the automatic order, generated at the end of the prescribed purchase procedure, there may be cases of partial or total unavailability of products. In such case, the order will be automatically adjusted with the elimination of the unavailable product and the User will be immediately informed by e-mail at the email address provided at the time of registration.

3. The User has the right to cancel the order, only in compliance with the terms and methods described below:

  • the notice to cancel the order must be received by midnight on the day following the placement of the order;
  • the notice to cancel the order must be received by midnight on the day following the placement of the order;


If the user requests the cancellation of the order within the established terms and conditions, thus resolving the purchase contract, Gambini Meccanica S.r.l. will reimburse the amount paid within 7 working days, which will run from the moment Gambini Meccanica S.r.l. confirms the cancellation of the order by sending an email to the email address provided by the user. The refund will be made by the same payment method used by the User for the original purchase.

4. The User has the right to return the order placed, returning the product, without providing any reasons, within 14 days from the day the User received the product (date to be certified by the courier’s delivery note) pursuant to Art. 57 of Legislative Decree 206/2005. After this deadline it will not be possible to exercise this right in any way. The user must communicate to Gambini Meccanica S.r.l., the exercise of the right of return by using the form accessible at the following link shop.gambinimeccanica.com/contact or by sending an e-mail to: ecommerce@gambinimeccanica.it. In order to exercise the right of return, it is necessary that the relative communication is sent before the expiry of the 14-day period and that the product is returned to Gambini Meccanica S.r.l. in the same state in which it is received, intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. The costs and charges arising from the return shipment are borne by the User. Gambini Meccanica S.r.l. reserves the right to verify and confirm the integrity of the product returned by the User before proceeding to issue the related refund. In the event that the product returned by the User is not intact and compliant with the original quality standards, Gambini Meccanica S.r.l. will not proceed with the issuing of the entire amount paid by the User, but reserves the right to calculate a percentage of repayment, related to the degree of integrity of the returned product. Gambini Meccanica S.r.l. will reimburse the amount paid by the User (total or partial) within 7 working days from the arrival of the product at the c/o Strada dei Cacciatori sn, Pesaro, 61122 (PU) Italy. The refund will be made by the same payment method used by the User for the original purchase.

5. The right of return will not apply if Gambini Meccanica S.r.l. products fall within the categories of Art. 59 of Legislative Decree 206/2005.

Art. 6
Payment methods and prices

 

1. The price of the products is the one indicated in the “price each” column and varies automatically according to the quantity entered in the “quantity” column, based on the applicable discount percentage.

2. The price of the products that the User is obliged to pay is the price indicated at the end of the prescribed purchase procedure, except where there is an error, directly or indirectly attributable to the human factor and/or IT processes, in this case Gambini Meccanica S.r.l. will notify the User as soon as possible, allowing confirmation of the order at the correct amount. In any case, Gambini Meccanica S.r.l. will not be obliged to supply its products at the wrongly indicated price.

3. The prices of the products indicated on the site exclude VAT and do not include transport costs, which are calculated and added at the end of the pescribed purchase procedure. The application of value added tax is characterized according to the legal nature of the User:

  • (B2B) and (B2C): the Business User subject to tax in Italy and the Consumer User (private individual, resident in Italy) are subject to the application of VAT at 22%. By way of example, the price that will be applied to these two types of users will be as follows: price indicated on the site 22% VAT;
  • (B2B): the Business User subject to tax in the member countries of the European community is not subject to the application of VAT;
  • (B2C): the Consumer User (private individual resident in the member countries of the European community) is subject to the application of VAT at 22%;
  • (B2B) and (B2C): the Business User subject to tax in non-EU countries and the Consumer User (private individual, resident in non-EU countries) are not subject to the application of VAT.

4. Prices may change at any time, price changes do not apply to orders for which order confirmation has already been sent.

5. Payment may be made by bank transfer, credit and debit cards of the Visa and Mastercard system or PayPal.

Art. 7
Delivery

 

1. Gambini Meccanica S.r.l. ships to the following territories: Belgium, Germany, Italy, San Marino, Luxembourg, Netherlands, Denmark, Ireland, United Kingdom, Greece, Portugal, Austria, Cyprus, Estonia, Latvia, Lithuania, Malta, Slovenia, Bulgaria, Romania, Croatia, Turkey, Russia, Albania, Serbia, Andorra, Belarus, Bosnia and Herzegovina, Iceland, Liechtenstein, Macedonia, Moldova, Monaco, Montenegro, Switzerland, Ukraine, Poland, India, Czech Republic, Slovakia. We will not deliver outside of these countries.

2. Shipping costs are borne by the User and are explicitly highlighted at the time the order is placed. The calculation is performed automatically according to the weight and overall dimensions that are totaled at the end of the prescribed purchase procedure.

3. Gambini Meccanica S.r.l. will only deliver to the User’s domicile, provided at the time of purchase.

4. The estimated delivery times are indicated at the conclusion of the purchase procedure and will be confirmed later by sending an e-mail to the e-mail address provided by the User.

5. The products will be transported at the User’s exclusive risk and peril including when the transport will be arranged by Gambini Meccanica S.r.l. In any case, the times, dates of production, shipment or delivery are only indicative and are not binding upon Gambini Meccanica S.r.l. In case of delay in delivery of the goods, any request for compensation by the User is excluded. Gambini Meccanica S.r.l. will not be liable to the User or third parties for damage caused directly or indirectly by delivery delays. Gambini Meccanica S.r.l. shall not be considered in default if the delay depends on circumstances of force majeure or on facts attributable to the User or in any case not dependent on Gambini Meccanica S.r.l.

Art. 8
Intellectual/industrial property and confidentiality

 

1. The intellectual/industrial property rights inherent in the documentation supplied, manufacturing processes, methods, inventions, as well as know-how acquired before or during the production process by Gambini Meccanica S.r.l., remain the exclusive property thereof. The parties mutually agree to a general obligation of confidentiality that covers all of the data exchanged in connection with the preparation and execution of the order. The user undertakes not to alter, in any way, the original appearance of the products and not to delete the Gambini Meccanica S.r.l. trademarks from the products and related documentation.

Art. 9
Sales guarantee and liability

 

1. Gambini Meccanica guarantees that the products comply with the technical specifications contained in the technical catalog of Gambini Meccanica S.r.l. and without any manufacturing defect of any origin. Gambini Meccanica S.r.l. guarantees that the products will include only new materiala, and articles of recent manufacture and of good quality. Gambini Meccanica S.r.l. does not guarantee that the products are suitable for a specific use or that they are made for a specific purpose. It is the User’s duty to verify whether the product is suitable for the desired purpose.

2. The warranty period under standard conditions of use and storage is twelve (12) months from delivery of the product. The User must examine the products upon arrival and report, in writing, any obvious damage or lack of conformity, within five (5) working days of delivery (by e-mail to: ecommerce@gambinimeccanica.it or by filling out the form at the following link: shop.gambinimeccanica.com/contact/. Hidden defects must be reported in writing (by e-mail to: ecommerce@gambinimeccanica.it or by filling out the form at the following link: shop.gambinimeccanica.com/contact/ Within five (5) working days of discovery and, in any case, within the warranty period twelve (12) months from delivery of the product. The report must contain a written description of the defect and photographs of the defect. In the event that the User does not report the defects within the above terms, the warranty rights will be stipulated and all warranty rights will be inapplicable.

3. The reporting of defects does not entitle the User to suspend payment of the invoice for the disputed goods or other supplies. The User may not propose questions or requests or raise objections against Gambini Meccanica S.r.l., except after having paid the amount due to the same for capital, interests and expenses in relation to the supplies provided. Each claim regarding the Products and/or the delivery of the same will in no case justify the suspension or the delay in the payment.

4. Upon request of Gambini Meccanica S.r.l., the User shall proceed with the preparation of the return of the defective product, the expenses for the aforementioned return shall be borne by Gambini Meccanica S.r.l., except in cases where, after careful internal discretionary analysis, Gambini Meccanica S.r.l. does not detect defects covered by warranty. No return of products is authorized unless previously agreed with Gambini Meccanica S.r.l. Gambini Meccanica S.r.l. has exclusive authority to judge whether a product may be returned. Without the authorization of Gambini Meccanica S.r.l. any product returned will be re-shipped to the User at the User’s expense.

5. The guarantee that Gambini Meccanica S.r.l. may grant is limited to:

  • replacement of the defective product (excluding the costs to uninstall and install);
  • repair of the defective product (excluding the costs to uninstall and install).


The decision regarding what action to take–replace or repair the defective product–is the exclusive internal and discretionary decision of Gambini Meccanica S.r.l. In no case may the User intervene regarding the merits of these decisions.

6. The administrative costs related to the costs for dealing with compliance problems declared by the User will not be borne by Gambini Meccanica S.r.l.

7. This warranty, explicitly described in the previous points, defines all of the User’s warranty rights, and any other right or remedy is expressly excluded. This warranty replaces any other legal guarantee, warantee or liability, therefore any other liability of Gambini Meccanica S.r.l. (contractual or extra-contractual) which may in some way arise from, or be related to, the products (e.g., damages, loss of profit, recall campaigns, etc.) is expressly excluded. In no event will Gambini Meccanica S.r.l. be held liable for loss or damage deriving, in whole or in part, from negligence of the User or by incorrect intervention/installation, abuse, incorrect use of any product by any person other than Gambini Meccanica S.r.l. This applies to any problem caused by events not dependent on Gambini Meccanica S.r.l. or an event of force majeure. In particular, the warranty will not apply to those products whose defects are due to: damage caused during transport or damage from incorrect storage, assembly and installation; negligent or improper use of the product; failure to comply with Gambini Meccanica S.r.l.’s instructions for product assembly, operation, maintenance and storage; repairs and/or modifications made to the product by the User or by third parties without the prior written authorization of Gambini Meccanica S.r.l.

8. In any case of violation of the conditions of sale (including, for example but not limited to, delay in delivery, failure to supply, possible flaws or defects of the products, etc.) and except in the case of willful misconduct or gross negligence: in no case is Gambini Meccanica S.r.l. liable to the User for indirect and/or consequential damages (including, among other things, operating losses, loss of customers, suspension of activities, etc.); for direct damages, the responsibility of Gambini Meccanica S.r.l. is expressly limited to the price of the products whose delivery is delayed, supply failed, which present defects or defects, etc.

Art. 10
Data processing

 

1. The User’s data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the relevant section containing the information pursuant to Art. 13 EU Regulation 2016/679 (Privacy Policy).

Art. 11
Data processing

 

1. Any request for information can be sent by e-mail to the following address ecommerce@gambinimeccanica.it, by telephone at the following telephone number: 0721/282667 and by mail to the following address: Gambini Meccanica S.r.l., Strada dei Cacciatori sn, Pesaro 61122 (PU ) or by filling out the form at the following link: shop.gambinimeccanica.com/contact.

Art. 12
Applicable laws and jurisdiction

 

1. These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according thereto, without prejudice to any other mandatory rule of the User’s country of habitual residence. Therefore, the interpretation, execution and termination of the general conditions of use are subject exclusively to Italian law.

2. Any disputes concerning and/or resulting from the same must be resolved exclusively by the Italian judicial authority. In particular, if the User is qualified as a Consumer, disputes must be resolved by the Court of the place of domicile or residence of the same under the law.

3. In the event of a dispute regarding these conditions of sale and/or any orders, confirmations and/or sales contracts, Gambini Meccanica S.r.l. has the right to decide whether to initiate arbitration proceedings or file a claim against the User in Italian courts or the courts of the place where the User has their domicile or registered office.

4. In the event that Gambini Meccanica S.r.l. decides to initiate arbitration, the dispute will be resolved by a single arbitrator according to the rules of the national and international arbitration chamber of Milan and Italian arbitration law. The venue for the arbitration will be Pesaro (Italy) and the hearings will take place in Pesaro (Italy). The language to be used in the arbitration proceedings will be Italian. As an alternative to arbitration, Gambini Meccanica S.r.l., at its discretion, has the right to file a claim against the User before the Italian courts or the courts of the place where the User has their domicile or registered office. The user may only file a claim against Gambini Meccanica S.r.l. before the court of the place where Gambini Meccanica S.r.l. is located.

5. Unless expressly agreed otherwise, all sales made on the Gambini Meccanica e-commerce site, accessible at Url: shop.gambinimeccanica.com, are governed exclusively by these conditions of sale with the express exclusion of any User’s purchase conditions and, more generally, of any other provisions that are not compatible, in whole or in part, directly or indirectly, which may in any case be represented in such documents.

6. The User declares to have read and expressly accept, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following Articles contained in the General Sales Conditions: Art. 1 General provisions, Art. 2 Subject, Art. 3 Purchase Contract, Art. 4. Registered users, Art. 5 Product availability, right of cancellation and right of return, Art. 6 Methods of payment and prices, Art. 7 Delivery, Art. 8 Intellectual/industrial property and confidentiality, Art. 9 Guarantee of sale and liability, Art. 10 Data processing, Art. 12 Applicable law and competent court.

These conditions have been drafted on 03/14/19