ARTICLE 1 – Premilinary Terms
a) The following terms (hereinafter "Terms") apply between the company GUSCIO LAB Srl, 64013 Corropoli (TE), Contrada Gabbiano 14, Vat Number 01898420672 (hereinafter "GUSCIO") and any person (hereinafter referred to as "Customer") who purchases online on www.gusciostore.com website.
b) Terms rule purchases made on the site www.gusciostore.com (hereinafter "GUSCIOSTORE"), in accordance with Articles 50 and following of Legislative Decree n. 206 of 6th of September 2005 (Consumer Code).
c) These contractual terms apply only to purchases made on GUSCIOSTORE. DO NOT apply to purchases made by customers in physical stores of GUSCIO, or at retailers or shops in general.
ARTICLE 2 - Information to the Customer
a) To make an order people must be adult (>18 years old) and contactable by phone. Orders from minors or with lack of correct e-mail or from people not contactable by phone will not accepted.
b) By registering to the site and creating your own personal account the customer declares under its own responsibility to be adult and fit to plead.
c) Before proceeding with the order, the customer may decide to buy without register (providing information about delivery address) or register online GUSCIOSTORE creating your own personal account and filling out the form with mandatory fields.
d) The information provided will be treated in accordance with the Information Document prepared pursuant to article 13 of Legislative Decree n. 196/2003. You will need to give consent to the processing of personal information in order to proceed with the placing of the order.
e) Information provided through the registration process, information provided in accordance with art. 13, Legislative Decree n. 196/2003 and the consent to the processing of personal information will be used by GUSCIO for each subsequent purchase of the customer, until amended or canceled by the registration itself.
ARTICLE 3 – Point of the sale contract
a) The proposal of contract sent by the Customer to GUSCIO relates to the application of remote purchase of assets listed and offered for sale on the site GUSCIOSTORE.
b) The proposal of contract is done exclusively through the Internet, by accessing the customer at www.gusciostore.com.
c The proposal of contract is forwarded by the Customer to GUSCIO filling and sending the order form available on the website GUSCIOSTORE. GUSCIO will not accept contract proposals of contract sent in other forms than those above indicated or containing partial elements or do not comply with the procedure indicated on the site GUSCIOSTORE.
d) GUSCIO is free to accept or reject the proposal of contract sent by the Customer.
ARTICLE 4 - Conclusion and effectiveness of the contract
a) The sale will be considered done sending by GUSCIO to the customer an e-mail order confirmation.
b) The e-mail order confirmation contains the details of the customer and order, as communicated by the Customer, the price of the goods purchased, the cost of transport and the shipping address where the goods will be sent . The customer agrees to verify the correctness of the information and undertakes to communicate any corrections.
c) GUSCIO will not be held in any way responsible for information deemed incorrect by the Customer, if such data are consistent with the communication sent by the Customer during registration.
d) GUSCIO is committed to describe and present the items sold on the site as well as possible and conform to the reality of the product. Any inaccuracies or no substantial differences between the representation on GUSCIOSTORE and the actual product cannot be considered a breach of contract. Furthermore, the photographs of the products presented on GUSCIOSTORE do not constitute part of a contract, having only illustrative purposes for the products.
e) GUSCIO undertakes to deliver the goods within 30 days from the day following the date of the order confirmation.
ARTICLE 5 - Product Availability
a) Product availability refers at the time when the customer visit the site and the referring product listings; this must still be considered indicative only because, due to the simultaneous presence of multiple users on the site, the products could be sold to others before confirming the order.
b) Even after sending the e-mail order confirmation by GUSCIO, there may be cases of partial or total unavailability of any products. In this case the Customer will be promptly informed and will be able to decide whether to accept delivery of the available products, or just ask for a cancellation of the order by communicating via e-mail to the customer service.
ARTICLE 6 - Payment
a) Any payment by the Customer can only take place in the payment methods indicated on GUSCIOSTORE.
b) If the unavailability of a product is detected after sending the order and the credit card transation, GUSCIO will undertake the necessary steps towards the banking operator to reverse the transaction related to products not available. The actual charge of the order will only take place when the merchandise is ready for shipment.
c) Communications relating to the payment and the data provided by the Customer take place on protected and secure lines with all the guarantees ensured by the usage of security protocols required by the payment networks.
ARTICLE 7 - Prices
a) All the selling prices of the products shown on GUSCIOSTORE are expressed in Euro and include VAT.
b) The shipping costs are included in the purchase price unless indicated.
c) The customer accepts the discretion of GUSCIO to change its prices at any time, however, the goods will be invoiced based on the prices listed on the site at the time of order and confirmed in the email sent as order confirmation.
ARTICLE 8 - Right of withdrawal
a) In accordance with the existing legal framework, the Customer has the right to cancel the purchase without penalty and without giving any reason, within 10 working days from the date of delivery of the products.
b) If the customer decides to exercise the right of withdrawal due to him, he must express notice with registered letter and addressed to GUSCIO LAB based in 64013 Corropoli (TE), Contrada Gabbiano 14, VAT Nr. 01898420672 or by e-mail to the address indicated on the website. By law, the shipping costs for the return of the asset are charged to the Customer.
c) The notice of withdrawal must contain:
- Intention to use the right of withdrawal;
- The name of the product or products you want to return and their quantities;
- The bank on which to obtain the transfer of refund (Cod. ABI - CAB - Current Account);
- The e-mail address or fax number that GUSCIO will use to communicate the state of the returned good
d) The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessories), and with the tax documentation attached.
e) The packaging of returned products is due to the customer; each item will be returned properly packed to withstand a shipment via courier. If Customer no longer has the original packaging he must first obtain an equal or higher.
f) The delivery of the returned product will have to be consigned to the carrier within ten days from the receipt of the goods at the customer’s expenses.
g) Damaged products will not be accepted and / or refunded.
h) Without prejudice to the right to verify compliance with the above, GUSCIO will refund the amount of products covered by the withdrawal as soon as possible and within a maximum period of 30 days from receipt of the returned products.
i) The shipping costs paid by the first sending the goods are not refundable to the customer.
ARTICLE 9 - Legal warranty on products
a) All products listed on GUSCIOSTORE take advantage from a two year legal guarantee for lack of conformity, in accordance with current legislation. To qualify for the warranty, the customer will keep the proforma invoice GUSCIO will sent to him via e-mail after purchase in order to print it.
b) In case of receipt of products not complying with orders or defective, the Customer must communicate via e-mail, according to Art. 132 of the Consumer Code, to the customer service within 7 days from the identification of the lack of conformity.
c) The product images on GUSCIOSTORE are subject to continuous updating and so purely indicative and subject to errors, inaccuracies. At any time and in its discretion GUSCIO may produce structural or formal changes to the products shown on the website, or to color shade or to optional products.
d) GUSCIO will provide to contact the courier that, compatibly with sits availability, will collect the goods, at the expense of GUSCIO. GUSCIO will have discretion to authorize the Customer to contact the referred courier in order to make arrangements to collect the goods itself.
e) The costs of change / refund shall be at the expenses of GUSCIO if the customer is resident in Italy and charged to the customer if he is resident abroad.
f) GUSCIO reserves the right to verify the concerned non-compliance and in case of successful verification will ship the replacement goods.
g) Replacement goods will be delivered- at the expense of GUSCIO –to the same address indicated on the user registration form. If in the meantime the Customer had changed address and wish to receive the goods at the new address, he will notify in writing to GUSCIO. Any additional costs will be borne by the user and must be paid in advance of delivery.
h) This warranty does not apply to products damaged by abuse, misuse, neglect, accidental damage, modification of the product, tampering, force majeure or any other causes unrelated to defective materials or workmanship defects.
i) The guarantee provided by GUSCIO only covers products manufactured by GUSCIO and purchased by the customer on the site GUSCIOSTORE.
j) The repair or replacement of defective products to the customer in accordance with the guarantee provided by GUSCIO is the sole responsibility of GUSCIO.
k) GUSCIO will not be considered responsible for any incidental or consequential damages caused by a defective product, damage to people, property or economic loss. GUSCIO does not guarantee that the product is suitable for customer’s use and will not be liable for any damage, loss of data or other damage caused to the derivations when used in conjunction with products GUSCIO.
ARTICLE 10 - Delivery Mode
a) Products will be delivered by courier to the address specified by the customer during the placement of the order.
b) GUSCIO has the authority to appoint and replace the carrier at its discretion, at any time.
c) The name of the courier service will be showed to the customer in the order confirmation.
d) The procedures for tracking the status of the order and the delivery will eventually be available in accordance with those of the referred courier.
e) The absence of appropriate personnel to receive the products at the address supplied by the customer will cause delays in delivery or oblige the customer to withdraw the purchased products at the offices of the courier, in accordance with the procedures of the referred courier.
f) Procedures deriving from Customs, unforeseeable circumstances and of force majeure or the absence of appropriate personnel to receive the products at the address supplied by the customer will cause delays in delivery or oblige the customer to withdraw the purchased products at the offices of the courier, in accordance with the procedures of the referred courier and any costs of storage.
ARTICLE 11 - Billing
a) For each order placed on GUSCIOSTORE, GUSCIO will create a proforma invoice which will be downloadable by the Customer after purchase.
b) Information provided by the Customer during the order placement process will be contained in the proforma invoice and not be changed.
c) For requesting a fiscal invoice, the Customer will contact GUSCIO via e-mail to the address related in the proforma invoice.
ARTICLE 12 – Responsibility
a) GUSCIO is not responsible for disruptions caused by force majeure or unforeseeable circumstances, even if caused from failures and outages of the Internet, if it is unable to execute the order within the time stipulated in the contract.
b) The availability of the item is only provided as a guide, and vendor liabilities will not be attributed in the event of unavailability of one or more products.
c) The products listed on GUSCIOSTORE are for use therein. Any improper use or for purposes other than those listed on the site are the sole responsibility and liability of the Customer.
ARTICLE 13 - Site intellectual property
a) The Customer has the right to access to the site for consultation and purchasing.
b) Other uses (in particular commercial ) than the referred above are not allowed.
c) The integrity of the items, whether visual or sound, its technology and its content in all its forms are property of GUSCIO and are protected by intellectual property rights.
d) Any abuse of use or violations of the right to property will be reported to the competent authority and prosecuted under the law.
ARTICLE 14 - Validity of agreements
a) The contract of sale between GUSCIO and the Customer is governed by these general conditions together with specific directions about purchase contained in the order and in the order confirmation.
b) If one or more of the parties to the contract was considered invalid or declared as such under the law and following a decision by a court of competent jurisdiction, the other provisions will remain in full force and effect.
ARTICLE 15 - Applicable law, jurisdiction and dispute resolution
- This contract is governed by Italian law and in particular by the provisions of Section II, Chapter I, Title III of Part III of the Consumer Code. Any dispute which cannot be solved amicably will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the customer, if located in the Italian territory.
- If the customer is not resident in the Italian territory, the applicable law will be the Italian law and the jurisdiction will be the location of the headquarters of GUSCIO.
- In the event of a dispute as to the content, the interpretation and implementation of the agreement, GUSCIO, if necessary and at its discretion, will promote the solution of the dispute through an electronic conciliation procedure. In this case the Customer will be contacted via e-mail or directly from a conciliator from GUSCIO with a request for consent to telematics conciliation.
- In any case, the Customer can always apply to the courts.