Legal notice
General terms and conditions of sale for online purchases on the website gardajoint.it
1. SUBJECT MATTER AND SCOPE
These general terms and conditions of sale (“Terms”) govern, in compliance with the provisions of Part III, Title III, Chapter I, of the Italian Consumer Code (Legislative Decree no. 206/2005) and the rules on electronic commerce (Legislative Decree no. 21/2014 and Legislative Decree 70/2003), any transaction concluded online between the company Garda Joint s.r.l.s. (hereinafter, for brevity, “Garda Joint”), with registered office in Brescia (BS), Via Fausto Gamba 22, Tax Code and VAT no. 04518870235, registered with the Sciaa of Verona under Rea no. 427196, and anyone who makes online purchases on the website gardajoint.it (hereinafter, for brevity, “Customer”).
2. PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 LEGISLATIVE DECREE 206/2005
At any time and, in any case, before the conclusion of a purchase contract, the Customer has the right to review (within the limits provided by the regulations in force) the characteristics of the goods described in the item pages and to obtain certain information about Garda Joint, which, for completeness, is set out below:
Garda Joint s.r.l.
Registered office at Via Fausto Gamba 22 – 25128 Brescia (BS)
Rea 427196
Tax Code and VAT no. 04518870235
PEC: gardajoint@pecimprese.it
Without prejudice to the foregoing, before the conclusion of a purchase contract, the Customer is informed of:
The deadline by which Garda Joint will deliver the goods purchased by the Customer;
The legal guarantee of conformity for the goods purchased with regard to 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 service conditions;
The cost that the Customer will have to bear for returning the goods purchased in the event of withdrawal.
3. ACCEPTANCE OF THE TERMS AND CONCLUSION OF THE CONTRACT
Before proceeding to confirm their order, the Customer is required to review these Terms, which form an integral and substantial part of every purchase contract concluded with Garda Joint, and to accept them unconditionally by ticking the indicated box, if they intend to proceed with the transaction. The Customer’s receipt of an order confirmation e-mail, which will follow the moment of acceptance of these Terms and payment of the price of the items purchased, will coincide with the moment of conclusion of the contract between the Customer and Garda Joint. Once the procedure is completed, with the order confirmation email, the Customer will receive the link to download and store a copy of these Terms in accordance with the provisions of Art. 51, paragraph 1, of Legislative Decree 206/2005 as amended.
4. ORDER VERIFICATION
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 notify Garda Joint of any corrections no later than 24 hours thereafter.
5. DESCRIPTION OF THE ITEMS
Garda Joint undertakes to describe and present the items sold on the website gardajoint.it in a complete and truthful manner. Nevertheless, it cannot be ruled out that some errors, inaccuracies or slight differences may occur between the description given on the website and the actual appearance of the item, or that the items actually delivered to the Customer may differ from those described in the respective photographs published on the website. Garda Joint, therefore, does not guarantee the faithful reproduction of the appearance of the item on the website, taking into account, among other things, that the colours and aesthetic characteristics of the packaging, the labels and the item may be subject to change.
6. AVAILABILITY OF THE ITEMS
In view of the possible simultaneous presence of several users on the website and, therefore, of the conclusion of several purchases at the same time, Garda Joint does not guarantee the availability, total or partial, of the items at the time the Customer places the order, nor after the sending of the e-mail confirming the conclusion of the contract. Should this occur, Garda Joint will amend the order by removing the unavailable item and informing the Customer, who will in any case be entitled to request cancellation of the order and to obtain a refund of the amount paid within the following 14 days.
7. PRICES APPLIED
All sale prices of the items described and sold on the website gardajoint.it are expressed in Euro and include VAT. Shipping costs are not included in the purchase price and are borne by the Customer, unless otherwise provided in writing. The total shipping costs are indicated and calculated at the end of the purchase process, before payment is made by the Customer.
8. PAYMENT METHODS
The only payment methods accepted for the purchase of the items sold on the website gardajoint.it are those expressly indicated online at the time of purchase. Communications relating to payment and to the data provided by the Customer when the payment is made will be carried out on dedicated secure lines.
Garda Joint reserves the right to change the prices of the items sold at any time; it remains in any case understood that the consideration for contracts concluded before any such changes will be invoiced by Garda Joint on the basis of the prices set at the time the order was created and indicated in the confirmation e-mail to the Customer. Without prejudice to the foregoing, should a computer, technical or manual error (or of any other nature) occur, for reasons not attributable to Garda Joint, that may cause a substantial change in the retail price of one or more items, making it negligible or exorbitant, the purchase order will be cancelled 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 Italian Consumer Code.
For every order placed on the website gardajoint.it, 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, no changes to its data can be made.
9. DELIVERY METHODS
Garda Joint will ship the selected and purchased items to the address indicated by the Customer at the time of order confirmation. Shipping will be carried out using suitable carriers, which Garda Joint will choose at its own discretion, without however assuming in any way the risk of late or failed delivery attributable to force majeure, fortuitous event, or damage occurring during transport. Given Garda Joint’s exemption from liability for damage caused by the carrier, the Customer, upon receipt of the goods and before signing the delivery receipt submitted by the carrier, undertakes, in any case, to check 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 note on the same accompanying document any defects or anomalies found, sending a copy for information to Garda Joint.
10. DELIVERY TIMES
Garda Joint undertakes to ship the goods purchased by the Customer within 24/48 hours after order confirmation. Once shipping has been dispatched, the average delivery times for the items within Italy are approximately 2/3 days, unless delivery is to be made to islands, outlying areas or during holidays or weekends. For foreign countries, delivery times vary depending on the destination area and are generally not less than 3/5 working days from the time of shipment.
11. RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS
The Customer who, acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out, concludes a purchase with Garda Joint as a consumer (thus omitting to enter their own VAT number in the order data) has the right to withdraw from the contract with Garda Joint, in accordance with the laws in force, within 14 days from the date of receipt of the items, without incurring any penalty and without having to give a reason. In the case of multiple purchases made by the consumer Customer with a single order and delivered separately by Garda Joint, the 14-day period begins to run from the date of receipt of the last item.
The consumer Customer may exercise the right of withdrawal by sending any explicit statement setting out the decision to withdraw from the contract or, alternatively, by submitting the withdrawal form referred to in Annex I, part B, Legislative Decree 21/2014, the text of which is set out below:
(Complete and return this form only if you wish to withdraw from the contract)
Garda Joint s.r.l.s.
Registered office at Via Fausto Gamba 22 – 25128 Brescia (BS)
Rea 427196
Tax Code and VAT no. 04518870235
PEC: gardajoint@pecimprese.it
In the event of exercise of the right of withdrawal pursuant to Art. 57 of Legislative Decree 206/2005, the consumer Customer must return the items purchased to Garda Joint no later than the following 14 days, arranging at their own care and expense to return them intact and complete, in their original packaging, together with the relevant tax documentation, to the following address: Garda Joint s.r.l. Vai Fausto Gamba 22, 25128 Brescia (BS). Garda Joint will refund the consumer Customer the price of the items subject to withdrawal within a maximum period of 14 days, including any shipping costs, unless the withdrawal was not exercised in due time or lawfully, or the procedure for returning the item was not complied with; in the latter case, Garda Joint, pursuant to Art. 56, paragraph 3, of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, may suspend the refund until the items subject to withdrawal have been returned or, alternatively, until the Customer has demonstrated that they have sent the goods back to Garda Joint. The refund, where due, will be made using the same means of payment chosen by the Customer at the time of purchase.
The provisions of this article 9 do not apply to the Customer who, acting for purposes related to the entrepreneurial, commercial, craft or professional activity carried out, concludes a purchase with Garda Joint as a professional (thus entering their own VAT number in the order data).
The right of withdrawal is in any case excluded in the cases indicated in Art. 59 of the Italian Consumer Code.
12. LEGAL GUARANTEE FOR CONSUMER CUSTOMERS
Where the consumer Customer receives one or more items that are defective or do not conform to the order concluded, they are entitled to a free replacement restoring the conformity of the item, provided that the defect or non-conformity appears within 14 days of delivery of the defective or non-conforming item and Garda Joint receives the relevant written notice from the Customer no later than 8 days after its discovery.
13. LEGAL GUARANTEE FOR PROFESSIONAL CUSTOMERS
Where the professional Customer receives one or more items that are defective or do not conform to the order concluded, they are entitled to a free restoration of the conformity of the item, by replacement of the item, provided that the defect or non-conformity appears within one month of delivery of the defective or non-conforming item and Garda Joint receives the relevant written notice from the Customer no later than 8 days after its discovery.
14. LIABILITY
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 claim resulting from the unlawful use thereof.
Garda Joint assumes no liability for the use of the items purchased by the Customer, even where resulting from force majeure or fortuitous event, and is not liable for any damages or other circumstances prejudicial to the Customer (including, without limitation, disruptions, delays, anomalies) that are not directly consequent upon actions or omissions of Garda Joint.
15. USE OF THE WEBSITE
Access to and use of the website gardajoint.it do not grant the Customer any right relating to the distinctive signs, the technology and all other elements present on the website, which are the exclusive property of Garda Joint and protected by the legislation on copyright and on industrial and intellectual property.
16. APPLICABLE LAW AND COMPETENT COURT
For anything not expressly provided for in these Terms, the provisions of Italian law shall 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, shall determine the exclusive jurisdiction for any dispute relating to these Terms or to the contract concluded with Garda Joint. If the Customer is a professional, the Sciaa of Verona shall have exclusive jurisdiction for any dispute relating to these Terms or to the contract concluded with Garda Joint
17. AMENDMENTS AND ADDITIONS
These Terms may be supplemented or amended by Garda Joint at any time, effective from the date of publication on the website gardajoint.it; the Customer is therefore required to check the Terms in force on the date of conclusion of each purchase. It is understood that orders concluded before any amendments or additions will remain governed by the Terms in force on the date the contract was concluded.
18. FINAL PROVISIONS
These Terms supersede and prevail over any other or different term negotiated between Garda Joint and the Customer, before or after the moment the contract is concluded, whether orally or in writing. The possible invalidity of a provision of these Terms shall not affect the validity of the others, which shall remain fully valid and effective.
19. OWNERSHIP OF THE WEBSITE
The website gardajoint.it is the exclusive property of the company Garda Joint s.r.l.
20. CONSENT TO THE PROCESSING OF PERSONAL DATA
Pursuant to Art. 13 of Legislative Decree 196/2003, the customer who registers and/or purchases goods on the website gardajoint.it authorises the processing and communication of personal data to Garda Joint s.r.l., which will process them as an independent controller, only upon acceptance of this contract, the customer declares their intention to give consent to such processing.
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, art.6, art. 8, art. 9, art. 10, art. 11, art. 12, art. 14 and art. 16.