General terms and conditions of sale
These terms and conditions govern and regulate the sale contract between the buyer (hereunder referred to as “Buyer”) and Guardini S.p.A., Via Cravero 9, 10088 Volpiano (TO), Italy, VAT registration No. 03991140017 (hereunder referred to as “Seller”).
1. Content of the general conditions of sale
The following general conditions of sale govern and regulate all sale contracts concluded between the Buyer and the Seller through the website www.guardini.com. Each contract is subjected to the general conditions of sale published on the website at the time when the contract is concluded.
Any amendment suggested by the Buyer will not affect the general conditions of sale, unless an amendments explicitly accepted in writing by the Seller.
2. Contracting parties and geographical area
The online store www.guardini.com is meant be used exclusively by consumers, it is thus reserved to retail sale only.
Products on sale on www.guardini.com will be delivered to Buyers that will specify as shipping address an address within the national territory or in one of the Countries listed in the section of the Buyer’s Guide.
For invoices to be issued to private individuals holding a VAT registration number, both the fiscal code and the VAT registration number shall be indicated . In absence of such data, the invoice cannot be issued and thus the order cannot be processed.
The digital invoice will be sent to the address indicated. If you also wish to receive a paper copy of the invoice (and not via email), you should specify your request in the purchasing notes.
4. Execution of the contract
Offers published on www.guardini.com are not binding for the Seller and they do not constitute an offer to the public, but rather a simple "invitation to treat". The Buyer’s purchase order has the value of a binding contract. The purchase order is accepted by the Seller through an order receipt sent via email, which displays part of the conditions of sale (product description, price and payment method). The contract is concluded and becomes effective when the Buyer receives the order receipt. The order and the order receipt are considered received when the receiving parties have access to the electronic messages.
5. Prices and shipping costs
Product prices are shown in the price list published on the website on the day of the order, and before the purchase order is issued.
Prices shown include VAT.
Delivery will be made by express courier at the cost indicated in the destination tables.
Delivery will be made within 10 working days from the date of purchase, except in cases of payment by bank transfer (see section 6.3). These delivery times are not binding; However, the Seller will do everything in its power to meet timelines.
Three methods of payments are available:
- UNICREDIT® PAGONLINE
Payments can be made through the Unicredit® PagOnline system that provides the possibility to pay the goods/services purchased on the Internet via VISA, MASTERCARD and MAESTRO credit cards or by means of the UNICREDIT PASS password for Unicredit account holders. Payment details are entered directly by the customer in the dedicated web page. On international circuits, the Unicredit® PagOnline server verifies the authorization to charge the due amount and displays the outcome in a feedback page on the website and in an email to the buyer containing the details of the transaction (Store identification code, date and time of the transaction, due amount, outcome).
Payments are made via PayPal®, directly from the PayPal® account of the Buyer or via credit card. If the payment is made by credit card, the credit card details are sent to PayPal®, which is in charge of handling payments on behalf of the Seller. The credit card details sent during the order placement are protected against unauthorized access by encrypted data transfer technology.
- BANK TRANSFER PAID IN ADVANCE
The order will be taken in charge and processed as soon as the payment is confirmed by the receiving bank. 10 days to make the delivery will be counted starting from this moment.
7.1 Legal guarantee of the Seller
Pursuant to and in accordance with Directive 44/99/EC, the Seller issues a legal guarantee on the product for any conformities with the quality provided for in the sale contract, in compliance with applicable regulations.
In the event of lack of conformity of the product, the Buyer is entitled to directly contact the Seller, within a reasonable time, to obtain the replacement of the product or the termination of the contract.
In any case, the guarantee does not cover an improper use not in accordance with the one established by the Seller/Manufacturer (operating instructions indicated on the product itself).
Any complaint should be filed by referring to the proof of purchase (the fiscal document issued by the seller/payment receipt).
7.2 How to file a complaint
The complaint must be promptly filed by the Buyer , no later than 10 days from the date on which the lack of conformity is found. During this period of time the product cannot be used. The complaint is sent via email to the Seller, who will immediately inform the Buyer on the procedure to be followed to return the product.
8. Product liability
With regard to damages caused by the product, provisions of Directive 85/374/EEC apply.
9. Right of withdrawal
Pursuant to and in accordance with Article 50 and subsequent articles of Law Decree of 6 September 2005, No. 206 (Consumer Code) on distance contracts, the Buyer is entitled to rescind the purchase contract, without obligation to specify the reasons or to pay any penalty, within 10 working days from the day of receipt of the product subject of the contract.
The right of withdrawal can be exercised by sending a written communication addressed to the Customer Service in our website www.guardini.com within 10 days from reception of the product. If Customers intend to exercise the withdrawal right, they will have to return the product or products subject of the contract within 10 days from their reception, to the site specified above at their own expenses. The returned product must be intact and complete with all its accessories, its original packaging and attached documents (invoice).
It is understood that transportation risks related to the returning procedure will be fully borne by the Buyer.
Do not return products by using the cash on delivery method, as they will be automatically rejected.
The Seller reserves up to 30 days to carry out checks on the integrity of the returned product and to make any reimbursement The refund will cover only the value of the returned product, excluding transport costs.
10. Returns and goods in storage
The customers shall accept the goods that they have purchased.
The personal details required upon registration and purchase must be accurately verified by the customer (e-mail and phone number). These data are required in order for the company and/or the carrier to contact the customer for the delivery.
After the first delivery attempt:
- if the address is incorrect, the parcel will be immediately put in stock.
- in the event that the recipient is not present at the time of delivery, a notice of attempted delivery will be left and the recipient will be contacted in order to schedule a second delivery attempt.
If upon the second delivery the recipient is not found at the specified address, the parcel is put in storage, resulting in costs for the company.
If the customer does not appear to be in any case accessible at the address or contacts provided, the package is stored by the carrier (for 2 days).
If after this period the customer is still unavailable, the parcel will be returned to the sender. When the package is returned to the sender, the product is be available for a new shipment for 7 days at Guardini S.p.A.
After such time, if it is not possible to reach the customer due to a wrong phone number or e-mail address, the company will cancel the order and will reimburse the price of the purchased product, but will not refund the shipping and storage costs. Also the costs for returning the parcel to the sender will be charged to the customer.
All costs of handling, storage and shipping are at the customer’s expenses.
If the customer is interested in the items purchased after this period, they are required to place a new order.
11. Competent Court and applicable law
Any dispute regarding the application, execution, interpretation and breach of this contract is subjected to the Italian law. Any dispute between the parties relating to this contract will be settled by the Court of Turin, unless other regulations in favor of the Buyer apply.