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General conditions of sale for online purchases on the site gardajoint.it
These general conditions of sale ("Conditions") govern, in compliance with the provisions of Part III, Title III, Chapter I, of the Consumer Code (Legislative Decree no. 206/2005) and the rules on trade electronic (Legislative Decree No. 21/2014 and Legislative Decree 70/2003), any transaction concluded online between the company Garda Joint srls (hereinafter, for the sake of brevity, "Garda Joint"), with registered office in Sommacampagna (VR), Via Bellavista 18, Tax Code and VAT no. 04518870235, registered at the Sciaa di Verona under no. Rea 427196, and anyone who makes online purchases on the gardajoint.it website (hereinafter, for the sake of brevity, "Customer").
At any time and, in any case, prior to the conclusion of a purchase contract, the Customer has the right to view (within the limits established by the legislation in force) the characteristics of the goods described in the item sheets and to obtain some information relating to Garda Joint, which for the sake of completeness, are reported below:
Garda Joint s.r.l.s.
Registered office in Via Bellavista, 18 - 37066 Sommacampagna (VR)
Tax Code and VAT no. 04518870235
Without prejudice to the foregoing, prior to the conclusion of a purchase contract, the Customer is informed about:
The term within which Garda Joint will deliver the goods purchased by the Customer;
The legal guarantee of conformity for the goods purchased in relation to the law 242/16;
The total price of the goods purchased, including taxes;
The amount of shipping costs and any additional costs;
The methods of payment of the price;
The terms, conditions and procedures for exercising the right of withdrawal;
The commercial guarantees provided by Garda Joint and the after-sales assistance conditions;
The cost that the Customer will have to bear for the return of the purchased goods in case of withdrawal.
Before proceeding with the confirmation of his order, the Customer is required to read these Conditions which are an integral and substantial part of every purchase contract concluded with Garda Joint and to accept them unconditionally, by ticking the indicated box, if he intends to proceed with the transaction. . The receipt by the Customer of an e-mail confirming the order, which will follow the moment of acceptance of these Conditions and the payment of the price of the items purchased, will coincide with the moment of completion of the contract between the Customer with Garda Joint . Once the procedure is completed, with the order confirmation email, the Customer will receive the link (so-called link) to download and archive a copy of these Conditions in accordance with the provisions of art. 51, paragraph 1, of Legislative Decree 206/2005 and subsequent amendments
Following receipt of the order confirmation email, the Customer undertakes to verify the correctness of the personal and commercial data contained therein (in particular: type and price of the items purchased, shipping costs and delivery address) and to communicate within and no later than 24 hours after any corrections to Garda Joint.
Garda Joint undertakes to describe and present the items sold on the gardajoint.it website in a complete and truthful manner. Nonetheless, it is not excluded that some errors, inaccuracies or slight differences may occur between the description indicated on the website and the actual appearance of the item, or that the items physically delivered to the Customer may differ from those described in the respective published photographs. on the site. Garda Joint, therefore, does not guarantee the truthful reproduction of the appearance of the article on the website, taking into account, among other things, that the colors and aesthetic characteristics of the packaging, labels and article may undergo changes.
In consideration of the possible simultaneous presence on the website of multiple users and, therefore, of the conclusion of multiple purchases simultaneously, Garda Joint does not guarantee the availability, total or partial, of the items at the time the Customer places the order, nor subsequently when the e-mail confirming the completion of the contract is sent. Where this occurs, Garda Joint will rectify the order by deleting the unavailable item and informing the Customer, who will still have the right to request cancellation of the order and obtain a refund of the amount paid in the following 14 days.
All sales prices of the items described and sold on the gardajoint.it website are expressed in Euros and include VAT. Shipping costs are not included in the purchase price and are charged to the Customer, unless otherwise provided in writing. The total shipping costs are indicated and calculated at the time of the conclusion of the purchase process before the payment is made by the Customer.
The only payment methods accepted for the purchase of items sold on the gardajoint.it website are those expressly indicated online at the time of purchase. The communications relating to the payment and the data communicated by the Customer at the time the payment is made will be made on special protected lines.
Garda Joint reserves the right to change the prices of the items sold at any time; in any case, it is understood that the consideration for contracts concluded prior to any such changes will be invoiced by Garda Joint on the basis of the prices set at the time the order is created and indicated in the confirmation email to the Customer. Without prejudice to the foregoing, if, for reasons not attributable to Garda Joint, an IT, technical or manual error (or of any other nature) should occur that could cause a substantial change in the retail price of one or more items, making it derisory or exorbitant, the purchase order will be canceled and the amount paid by the customer will be refunded within the following 14 days.
Without prejudice to the foregoing, withdrawal is not permitted in the cases indicated in art. 59 of the Consumer Code.
For each order placed on the gardajoint.it site, Garda Joint issues an electronic invoice for the goods shipped, containing the information provided by the Customer during the purchase procedure. After the invoice has been issued, it is not possible to make any changes to the related data.
Garda Joint will ship the selected and purchased items to the address indicated by the Customer at the time of order confirmation. The shipment will be made using special carriers, which Garda Joint will choose at its discretion without however assuming in any way the risk of delayed or non-delivery due to force majeure, unforeseeable circumstances, or damage occurred during transport. Given the exemption from liability of Garda Joint for damage caused by the carrier, the Customer, upon receipt of the goods and prior to signing the delivery receipt submitted by the carrier, undertakes, in any case, to verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In the event of any discrepancies, the Customer undertakes to report any defects or anomalies found on the same accompanying document, sending a copy for information to Garda Joint.
Garda Joint undertakes to ship the goods purchased by the customer within 24/48 hours following the confirmation of the order. Once the shipment has been processed, the average delivery times of the items on the Italian territory are approximately equal to 2/3 days, unless the delivery is to be made on islands, peripheral areas or during holidays or weekends. For abroad, delivery times vary depending on the destination area and are generally not less than 3/5 working days from the time of shipment.
The Customer who, acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, concludes a purchase with Garda Joint as a consumer (thus failing to register his VAT number on the order data) has right to withdraw from the contract with Garda Joint, in compliance with the provisions of the law in force, within 14 days from the date of receipt of the articles, without incurring any penalty and without having to specify the reason. In the case of multiple purchases made by the consumer customer with a single order and delivered by Garda Joint separately, the term of 14 days starts from the date of receipt of the last item.
The consumer customer may exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or, alternatively, by sending the withdrawal form referred to in Annex I, part B, Legislative Decree 21/2014, the text of which is shown below:
(Complete and return this form only if you wish to withdraw from the contract)
Garda Joint s.r.l.s.
Registered office in Via Bellavista, 18 - 37066 Sommacampagna (VR)
Tax Code and VAT no. 04518870235
In the case of exercising the right of withdrawal pursuant to art. 57 of Legislative Decree 206/2005, the consumer customer must return the purchased items to Garda Joint no later than 14 days later, providing, at his own expense, to return them intact and complete, inside their packaging. original, together with the related tax documentation, at the following address: Garda Joint srls Via Bellavista, 18 - 37066 Sommacampagna (VR). Garda Joint will reimburse the consumer customer the consideration for the items subject to withdrawal within a maximum period of 14 days, including any shipping costs, unless the withdrawal has been promptly or legitimately exercised, or the procedure relating to the return of the article have not been respected; in the latter case, Garda Joint, pursuant to the provisions of art. 56, paragraph 3, of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, may suspend the reimbursement until the return of the items affected by the withdrawal or, alternatively, until the Customer demonstrates that having returned the goods to Garda Joint. The refund, where due, will be made using the same payment method chosen by the Customer during the purchase.
The provisions of this article 9 do not apply to the Customer who, acting for purposes related to the entrepreneurial, commercial, artisanal or professional activity carried out, concludes a purchase with Garda Joint as a professional (thus registering on the data of the order your VAT number).
The right of withdrawal is however excluded in relation to the cases indicated in art. 59 of the Consumer Code.
If the consumer customer receives one or more defective items or items that do not comply with the order concluded, they have the right to replacement without charge of the compliance of the item provided that the defect or discrepancy occurs within 14 days from the delivery of the item. defective or non-compliant and Garda Joint receives the relative report in writing from the Customer no later than 8 days from discovery.
Where the professional customer receives one or more defective or non-compliant items with the concluded order, he has the right to have the article conformity restored without charge, by replacing the article, provided that the defect or discrepancy occurs within the deadline. one month from the delivery of the defective or non-compliant item and Garda Joint receives the relative notification in writing from the Customer within and no later than 8 days from the discovery.
The Customer assumes all responsibility for the use of the items purchased from Garda Joint and undertakes to indemnify and hold Garda Joint harmless from any dispute resulting from their illicit use.
Garda Joint assumes no responsibility for the use of the items purchased by the Customer, even where consequent due to force majeure or unforeseeable circumstances, and is not liable for any damage or other circumstances prejudicial to the Customer (including, but not limited to, disservices, delays, anomalies) that are not directly consequent to the actions or omissions of Garda Joint.
Access to and use of the gardajoint.it site does not give the Customer any rights relating to the distinctive signs, technology and all other elements present on the site, which are the exclusive property of Garda Joint and protected by legislation on law. copyright, industrial and intellectual property.
Although not expressly provided for in these Conditions, the provisions of Italian law will apply. The application of the provisions of the 1980 Vienna Convention on the international sale of goods is expressly excluded.
The place of residence or domicile of the consumer customer, if located in the territory of the Italian State, will determine the exclusive jurisdiction for any dispute relating to these Conditions or to the contract concluded with Garda Joint. If the Customer is a professional, Sciaa di Verona will be exclusively competent for any dispute relating to these Conditions or the contract concluded with Garda Joint.
These Conditions may be integrated or modified by Garda Joint at any time, effective from the date of publication on the gardajoint.it website; the Customer is therefore required to check the Conditions in force on the date of conclusion of each purchase. It is understood that orders concluded prior to any changes or additions will remain governed by the Conditions in force on the date of completion of the contract.
These Conditions supersede and prevail over any other or different term negotiated between Garda Joint and the Client, before or after the conclusion of the contract, both orally and in writing. Any invalidity of a provision of these Conditions will not affect the validity of the others, which will remain fully valid and effective.
The gardajoint.it website is the exclusive property of Garda Joint s.r.l.s.
Pursuant to art. 13 of Legislative Decree 196/2003, the customer who registers and / or purchases the goods on the gardajoint.it website, authorizes the processing and communication of personal data to Garda Joint s.r.l.s. who will treat them as an independent owner, only upon acceptance of this contract, the customer declares his willingness to authorize consent to the treatment itself.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the conditions set out in the following articles are expressly accepted: art. 5, article 6, art. 8, art. 9, art. 10, art. 11, art. 12, art. 14 and art. 16.