General Sales Conditions

  1. Introduction.

The commercial relations between G. Magnano s.a.s. by Magnano Franco & C. and its customers are governed exclusively by the following general conditions of sale. They exclude any other agreements, unless agreed in writing, signed by the customer and our commercial officers. These rules apply to all purchase orders, regardless of the mode of transmission.

 

  1. Definitions.

Pursuant to what is indicated below, the following definitions will have the following meaning:

CLIENT: Subject who, in any capacity, transmits G. Magnano s.a.s. by Magnano Franco & C. a purchase order for products sold through the SITE and with which the contract is concluded in accordance with the provisions of these general conditions of sale. In accordance with the provisions of Article 3 of Legislative Decree 6 September 2005, no. 206 and subsequent amendments and / or additions, the Customer will be defined as:
1- consumer: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
2- professional : the natural or legal person who acts in the exercise of his business, commercial, craft or professional activity, or an intermediary.

USER: The expression includes any internet user who freely accesses the web address www.gimmyshop.com either directly or from any other site Internet. In accordance with the provisions of Article 3 of Legislative Decree 6 September 2005, no. 206, the User will be defined as:
1- consumer: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
2- professional: the natural or legal person acting in the exercise of its own entrepreneurial, commercial, craft or professional activity, or an intermediary.

 

CONTRACT: The distance sales contract, as described and governed by Legislative Decree 185/99 and subsequent amendments and / or additions stipulated between G. Magnano s.a.s. by Magnano Franco & C. and the CUSTOMER and composed of these General Conditions of Sale.

 

SITE : The website www.gimmyshop.com through which the sale of products marketed by G. Magnano s.a.s. by Magnano Franco & C. and the CUSTOMER

 

GENERAL CONDITIONS OF SALE : The clauses contained in this document, which form an integral and substantial part of the contract between the Customer and G. Magnano s.a.s. by Magnano Franco & C. when purchasing the Service offered through the website www.gimmyshop.com

 

SERVICE: Online sale through the website www.gimmyshop.com and according to the provisions of these General Conditions of Sale of various goods and products.

 

  1. Conclusion of the Contract and acceptance of the General Conditions of Sale.

The Contract must be considered concluded between G. Magnano s.a.s. by Magnano Franco & C. and the Customer with the acceptance, even if only partial, of the order by G. Magnano s.a.s. by Magnano Franco & C. took place in the manner indicated in the following point 6. The Customer, every time he places an order for the purchase of products through the SITE, declares and confirms that he has carefully read all the information given during the purchase and fully accept the general conditions of sale and payment set out in this document.

In compliance with art. 3 and 4 of Legislative Decree 185/99 and subsequent amendments and / or additions to distance selling, the Customer who makes the purchase as a Consumer is required, once the purchase procedure has been completed, to print and / or save on a durable medium at his choice and, in any case, to keep this document containing the General Conditions of Sale. In no case G. Magnano s.a.s. by Magnano Franco & C. will be liable to claims for damages or indemnities by the Consumer, will also be free from any contractual or extra contractual liability, directly or indirectly, for direct or indirect damages to persons and / or things, deriving from the non-acceptance, even if only partial, of an order.

 

  1. Liability.
  2. Magnano s.a.s. by Magnano Franco & C. is not responsible for any damage or loss, direct and / or indirect, deriving from the sale of goods and services offered in the catalog published on the website www.irrigazioneonline.com, even for delayed and / or non-delivery of the product, nor for the correspondence of the goods to the specifications published on the site, nor for any other fact not directly attributable to G. Magnano sas by Magnano Franco & C. itself.

 

  1. Accessibility to the site.

The website is accessible to anyone without restrictions. Any restricted areas are available to registered users who have received the reserved access codes. The username and password that allow you to connect to the site are personal and confidential. They can be changed only at the request of the customer. The Customer is solely responsible for the use of personally identifiable information. The Customer undertakes to keep the secret and not to disclose them in any form. Any transaction using the Client's username and password is deemed to have been made by the Client.

 

  1. Orders.

Orders are accepted only and exclusively in writing or via the internet. The customer who sends orders via the internet will receive, at the end of the procedure, a confirmation of receipt, by e-mail, indicating the number assigned to each order. In the event that after the order has been sent by the customer, a communication of confirmation, partial and / or total correction is not received, after twenty-four hours during working hours, the proposal will be deemed not accepted, at each effect of law, even if for accounting, administrative or product shortages.

By confirming the order, the Customer unconditionally declares to accept the terms of this order, as well as the entire General Conditions of Sale.

The Customer acknowledges the validity and probative force of the electronic exchanges registered by G. Magnano s.a.s. by Magnano Franco & C. and agrees that such documents have the same probative force as handwritten writing.

 

  1. Prices.

All prices shown on the sites are prices expressed including VAT (where not expressly indicated). The prices of the products are visible at any time on the website www.gimmyshop.com. Lower rates may be applied following specific agreements or discount codes.

Prices and promotions can be freely modified by G. Magnano s.a.s. by Magnano Franco & C. at any time, without notice.

 

  1. Product availability.

In the product list published on the website www.gimmyshop.com the availability, updated on a regular basis, of available products are highlighted. Since access and the ability to place orders change the availability of the product, G. Magnano s.a.s. by Magnano Franco & C. does not guarantee the certainty of assignment of the ordered goods, reserving the right to postpone the partial and / or total fulfillment of the order received.

 

  1. Risk and ownership.

The goods are shipped carriage paid, with the related costs charged to the invoice. Upon receipt of the goods, the customer must check the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the transport document (bill, delivery note and / or accompanying invoice). In case of discrepancy, the same must be reported, on the same transport document, of which a copy must be issued to the carrier, and sent to the supplier by fax to the number: 011.9482704, by email to info@gimmyshop.it or registered letter to / r. Even if the packaging is intact, the shipment must be checked as soon as possible and in any case no later than 7 (seven) days from receipt. Any anomalies not found during the check upon receipt of intact packaging must be reported in writing by fax to the number: 011.9482704 or registered letter with return receipt within 7 (seven) days of receipt. Any report received by G. Magnano s.a.s. by Magnano Franco & C. after this deadline, it cannot be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared. In the event that the goods are shipped with insurance, upon the customer's indication, the risk is to be considered borne by the courier from the delivery of the goods to the carrier from its warehouses.

 

  1. Payments.

The goods supplied must be paid at the same time as the order by credit card, PayPal or other methods that may be agreed in writing between G. Magnano s.a.s. by Magnano Franco & C. and the customer.

 

  1. Faculty of canceling orders.

The Customer has 4 hours from the payment of his order to be able to request cancellation, without needing to justify himself. Just send an email to info@gimmyshop.com specifying the order number that is the subject of the cancellation request. After the aforementioned 4 hours, G. Magnano s.a.s. by Magnano Franco & C. has no obligation to accept an order cancellation.

The right to cancel the order is precluded to the customer in the event that the goods have been expressly ordered by G. Magnano s.a.s. by Magnano Franco & C. to their Suppliers and they do not, in turn, accept the cancellation of the order.

 

  1. Return of Goods.

The return of the goods to the supplier must be requested in writing, indicating the reasons for the request, quoting the invoice references. The return of the goods must be made after authorization and assignment of the "return number". The goods to be returned must be in perfect condition, in their original packaging and shipped carriage paid to our warehouse, mentioning the return number assigned on the document.

 

  1. Complaints.

Any shipping errors or material shortages must be reported, in writing, according to the methods and terms indicated in point 8 "Risk and ownership".

 

  1. Guarantees.

The purchase of material from G. Magnano s.a.s. by Magnano Franco & C. implies full acceptance of the warranty conditions provided by the manufacturer, which may be independent of G. Magnano s.a.s. by Magnano Franco & C. itself. The customer, therefore, is aware that the purchased goods will be guaranteed by the manufacturer and under the conditions provided for by the same, and therefore accepts, with all reservations removed, all the methods of providing the manufacturer's warranty, also with reference, by way of example, to the manager of the guarantee, even if other than G. Magnano sas by Magnano Franco & C.

In the presence of a lack of conformity, as required by the Consumer Code (articles 128 et seq.), the consumer has the right, at his choice, to the repair or replacement of the defective goods by G. Magnano s.a.s. by Magnano Franco & C. If replacement or repair is not possible, the consumer is still entitled to a price reduction or to have a sum back, commensurate with the value of the goods, against the return of the defective product to the seller. The legal guarantee lasts two years from delivery of the goods and must be enforced by the consumer within two months of discovering the defect.

  1. Magnano s.a.s. by Magnano Franco & C. will take delivery of the defective product to verify whether or not the malfunction is due to a lack of conformity. If the lack of conformity is found, it will repair or replace the goods within a reasonable time from the request and without charging the consumer.

 

  1. Copyright.

All rights reserved. Texts, images, graphics, sound files, animation, video and the arrangement of the same and their adaptations on the site are (unless otherwise indicated) the property of G. Magnano s.a.s. by Magnano Franco & C. subject to intellectual property laws and protected by copyright and intellectual property rights. These items may not be copied for commercial use or distribution, nor may they be modified, published, copied or used on any other Internet site. This site may also contain images covered by third party copyright.

It is explicitly stated that no concession on our intellectual property or on the intellectual property of third parties is granted with this website.

 

  1. Hyperlink.

On the web pages www.gimmyshop.com of G. Magnano s.a.s. by Magnano Franco & C. there may be hyperlinks with other websites, proposed to provide a better information or other service to its users G. Magnano s.a.s. by Magnano Franco & C. is in no way responsible for the content of websites that users may access through its site. The existence of a Hyperlink to another site does not therefore imply approval or acceptance of responsibility by G. Magnano s.a.s. by Magnano Franco & C. about the content of the new site accessed, also in relation to the policy adopted for the processing of personal data, as well as its use. The use of these web pages is, therefore, the sole responsibility of the User and Customer.

 

  1. Liability for defects in title or quality.

The information on the website www.gimmyshop.com is for general information only and could be, depending on the circumstances, faulty, incomplete or inaccurate. G. Magnano s.a.s. by Magnano Franco & C. assumes no responsibility for the eventualities described above or for the harmful consequences, direct or indirect, which may derive from the use or impossibility of use of the information on the site.

 

  1. Other responsibilities, Virus.

The Client accepts the characteristics and limitations of the Internet and acknowledges that he is solely responsible for the actual use of his information.

While doing everything in its power to keep the website virus-free, G. Magnano s.a.s. by Magnano Franco & C. cannot guarantee that it is immune from it. The User / Customer must, for your protection, do what is necessary to ensure appropriate security measures and use an antivirus program before downloading information, software products or documentation. The User must do everything reasonably possible to activate adequate security measures, as well as use an antivirus program to ensure that no viruses are loaded on the website www.gimmyshop.com G. Magnano s.a.s. by Magnano Franco & C. cannot be held responsible for any direct or indirect damage resulting from any viruses or similar.

 

  1. Conditions.

The conditions contained in this document may be changed without notice and will be valid from the date of publication.

 

  1. Right of Withdrawal.

Pursuant to art. 5 of Legislative Decree 185/99 and subsequent amendments and / or additions, the Customer who holds the status of Consumer has the free and unconditional right to withdraw from the contract, without any penalty, within the term of 14 (fourteen) days from from the day of receipt of the goods. For the correct exercise of the right in question, the Customer must send G. Magnano s.a.s. by Magnano Franco & C. Via Torino 65, 10040 Pralormo (TO) within the indicated term, a communication by registered letter with return receipt or by telegram or fax subsequently confirmed by registered letter with return receipt sent within the following 48 hours, indicating also the bank details for the re-credit of the sum; failure to comply with the formalities and deadlines will make it impossible to exercise the right in question. Once received the communication concerning the exercise of the right of withdrawal G. Magnano s.a.s. by Magnano Franco & C. will contact the Customer to inform him of the methods to proceed with the return of the goods, if already delivered, which must be carried out without delay within 14 days from the date of receipt of the communication of instructions for the return. No later than 15 days from receipt of the returned goods G. Magnano s.a.s. by Magnano Franco & C. will proceed to credit the sum received by bank transfer with the coordinates indicated by the Customer, withholding, according to law, the transport costs inherent in the return, if not borne directly by the customer, and any costs for restoring the original packaging, if damaged.

NOTE: The costs for the return to be paid by the customer are as follows:

The cost of transport with GLS is proportional to the weight / volume of the shipment
Euro 10.00 up to Kg. 3 p / v; Euro 13.00 up to Kg. 5 p / v; Euro 16.00 up to Kg. 20 p / v; Euro 17.00 up to Kg. 30 p / v; Euro 21.00 up to Kg. 50 p / v. For higher weights, the costs charged to the customer are those paid at the time of the order. For partial returns, the calculation is made following the table above.

As required by art. 5 paragraph 3 and art. 7 of Legislative Decree 185/99 and subsequent amendments and / or additions are excluded from the exercise of the right of withdrawal:

-The supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

-The supply of sealed audiovisual products or software, opened by the consumer.

-Supply of newspapers, periodicals or magazines.

Contracts for the supply of services relating to accommodation, transport, catering, leisure, when at the time of the conclusion of the contract the supplier undertakes to provide these services on a specific date or in an established period. < / p>

It is not possible to exercise the withdrawal only on a part of the purchased product. The purchased Product must be returned in its original packaging including packaging, any accessory parts of the goods and documentation (instructions, accessories, etc.) and must not be damaged for reasons other than transport, under penalty of forfeiture of the right of withdrawal. The Product must be carefully packed in a second box, thus avoiding damage to the original packaging by affixing labels or adhesive tapes. The responsibility for the product is borne by the Consumer until delivery to G. Magnano s.a.s. by Magnano Franco & C., unless the return is made by courier or forwarding agent directly appointed by G. Magnano s.a.s. by Magnano Franco & C. In the event that the goods returned with a carrier directly appointed by the Customer are damaged during transport for the return, G. Magnano s.a.s. by Magnano Franco & C. will notify the Customer, within 5 working days of receipt of the goods, of the incident in order to allow the Customer to contest the incident to the carrier chosen by him and activate the related compensation and / or compensation procedures, and will to make the goods available to the Customer for its return and the request for withdrawal will be canceled. In any case, G. Magnano s.a.s. by Magnano Franco & C. will not be liable in any way for damage and / or loss of goods returned by uninsured shipments. Upon receipt of the goods at the warehouse, G. Magnano s.a.s. by Magnano Franco & C. will carry out checks on the assets to ascertain their integrity; if these are damaged for reasons other than transport or without the original packaging including the internal packaging or still without accessory parts that are part of the delivered goods (instructions, accessories etc.), it will promptly notify the Customer, pleading the forfeiture, for the effect, from the right of withdrawal, and proceeding to the return of the goods to the Customer with a charge of the consequent shipping costs.

 

  1. Privacy.

Pursuant to art. 13 of Legislative Decree 196/2003 and subsequent amendments and / or additions, the personal data communicated by the Customer are collected electronically, on paper and processed by manual processing, IT and telematic tools; said data will not be disclosed to other subjects except to companies directly connected to G. Magnano s.a.s. by Magnano Franco & C. to couriers and shippers for needs related to the delivery of goods. The data provided through the request form will be processed in order to satisfy the express requests of the Customer and to fulfill legal obligations related to civil, fiscal, accounting regulations, for administrative management purposes, as well as for sending information. commercial or advertising, informative, promotional or sales material, for the collection of points, for the execution of prize events and promotional initiatives in general. The personal data held by the company G. Magnano s.a.s. by Magnano Franco & C. are provided directly by the interested party at the time of registration through the request form or in the order form. The provision of data is optional; it is understood that some requested data, and precisely those marked with an asterisk, are mandatory in order to process the order and, it follows that, if not provided, their absence will not allow the completion of the purchase procedure and, therefore , sending the order. It should be noted, however, that, even in the event that for any reason the purchase procedure could be completed without indicating the mandatory data, the order thus received cannot be accepted and will not be executed unless after communication supplement by the customer who remedies the omission, from the receipt of which all subsequent contractual terms described in these conditions will have effect and expire. The data controller is G. Magnano s.a.s. by Magnano Franco & C. in the person of its Administrator, responsible for the treatment, (to whom the Customer can contact to assert his rights as provided for by art.7 of Legislative Decree 196/2003, at the following address: G. Magnano sas di Magnano Franco & C. via Torino 65, 10040 Pralormo (TO) or at the following e-mail address: info@gimmyshop.com

 

  1. Applicable law and competent court.

The sales contract concluded between the Customer and G. Magnano s.a.s. by Magnano Franco & C. is considered concluded in Italy and governed by Italian law, in particular by the provisions of the Civil Code, by Legislative Decree 185/99 relating to distance contracts, by Legislative Decree 70/2003 relating to contracts concluded by telematics and their possible additions and modifications. G. Magnano s.a.s. by Magnano Franco & C. will attempt to resolve any dispute with the Customer quickly and efficiently. If the Customer is not satisfied with these attempts and wishes to appeal to the Judicial Authority, any dispute will be subject exclusively to Italian jurisdiction.

For any dispute relating to the interpretation, execution and resolution of these General Conditions of Sale, the Court of the headquarters of G. Magnano s.a.s. will be exclusively competent. by Magnano Franco & C., except in the case in which the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the business or professional activity carried out. In this case, the Court of the place where the Customer has his residence or domicile will be exclusively competent, if located in the territory of the Italian State.

In the event that G. Magnano s.a.s. by Magnano Franco & C. should not assert any of the rights due to it under this Agreement, this will not constitute a waiver of the rights themselves. This failure to exercise will in no way entail the renunciation of asserting the aforementioned rights at a later time.