General Sales Conditions
- Subject Matter
- Execution of the Sale and Purchase Agreement
- Availability of the Products
- Price and shipping costs
- Placement of Orders
- Methods of payment
- Shipping and delivery of Products
- Right to Withdraw
- Flaws/defects of Products
- Product Liability
- Errors and/or inaccuracies in the On-Line Shop
- Intellectual Property
- Applicable Law
The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.
- Customer means any person or company purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
- General Conditions mean these general conditions and any possible new future version which may be published on the On-Line Shop by Gimo's Italiana Spa.
- Order Confirmation means the e-mail message by means of which Gimo's Italiana Spa informs the Customers of the acceptance of the Orders.
- Sale and Purchase Agreements mean the sale and purchase agreements of the Products entered into between Gimo's Italiana Spa and the Customers.
- On-Line Shop means a virtual shop, managed by Gimo's Italiana Spa, Via Monte Bianco, 1 - 35018 S.Martino di Lupari (PD) (Italy) VAT IT00403830284, accessible at URL https://gimos.com/ where Products are available for sale.
- Orders mean the purchasing orders of the Products placed by the Customers pursuant to the General Conditions and in accordance with the procedure set out under clause 6.
- Parties means Gimo's Italiana Spa and the Customers, when jointly referred.
- Price means the sale price of the Products as specified in the On-Line Shop with reference to each Product.
- Products mean the products published in the On-Line Shop for sale.
- Gimo's Italiana Spa means Gimo's Italiana Spa with registered offices in Via Monte Bianco, 1 35018 S.Martino di Lupari (PD) (Italy).
- Account means the space in the On-Line Shop where Customers are allowed, following authentication to: (i) monitor and update personal data and addresses where the ordered Products are to be shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function/setting concerning their activity in the On-Line Shop.
2. Subject matter
2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.
2.2 Gimo's Italiana Spa has the right to modify the General Conditions at any time without notice, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the On-Line Shop at the time the Orders are placed by the Customers.
2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the On-Line Shop, the General terms and conditions will apply.
3. Execution of Sale and Purchase Agreement
3.1 Gimo's Italiana Spa will send the Order Confirmation to the Customers within 2 working days from receipt of the Orders from the Customers, subject to Gimo's Italiana Spa accepting the order at their sole discretion. Gimo's Italiana Spa reserves the right to cancel the Order Confirmation.
3.2 Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by Gimo's Italiana Spa and thus have no effect.
3.3 By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6. and declare to have fully accepted the General Terms and Conditions therein and to have read all additional information available in the On-Line Shop, including information accessible through links.
3.4 The Orders will be recorded in the On-Line Shop's database in accordance with the provisions set out by Legislative Decree n. 196 of 30 June 2003 (Italian Privacy Law) and shall be accessible by the Customers by contacting Gimo's Italiana Spa at the contact details specified under clause 16 or by accessing the Account.
4. Availability of the Products
4.1 Save for the provisions under clause 4.6, Gimo's Italiana Spa, with reference to each Product published in the On-Line Shop, specifies whether:
(i) the Product is available at its warehouse;
(ii) the Product is not available at its warehouse;
(iii) the Product is available on demand;
4.2 The range and availability of the Products published in the On-Line Shop may vary from time to time, and it is hereby accepted and agreed by the Customer that Gimo's Italiana Spa will have no responsibility or liability for any variation or non-availability of any product to the customer.
4.3 The availability of the Products indicated in the On-Line Shop Online Shop is by no means binding. The Products indicated as “not available” in accordance to clause 4.1 (ii) cannot be purchased by the Customers. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, Gimo's Italiana Spa, save for the provision set forth under clause 3.2, will use its best endeavours to inform the Customer, by email, that non available item/s will be refunded in a timely manner directly to the same payment method selected by the Customer in the order. Available items selected in the order will be sent to the Customer. Gimo's Italiana Spa will accept no liability or responsibility for the non/delayed availability of any product
4.4 Should a Product bear the indication "customizable", this means that such Product may be modified/adapted/customized following Customers' specific requests. In this case, the Customers must specify their requests in the relevant space at the time of placement of the Order and Gimo's Italiana Spa, after having sent the Order Confirmation, undertakes to:
(i) communicate to the Customers, by email, the terms for the shipment of the customized Product; such term must be considered as a mere indication and is by no mean binding for Gimo's Italiana Spa;
(ii) inform the Customers, by email, of when the customized Product shall be available at its warehouses.
5. Price and shipping costs
5.1 The Price is in € (euros), except for Countries with a different currency or at the sole discretion of Gimo's Italiana Spa The applicable Price is the one published on the On-Line Shop at the time orders are placed by the Customers.The Customer should use all reasonable endeavours to ensure that they are aware of the currency being charged on the purchase, and Gimo's Italiana Spa will not be held responsible for any loss or damage due to the use of a different exchange rate.
5.2 The Price is inclusive of VAT at the relevant rate and based on the jurisdiction- (ie 22%, unless otherwise applicable, as in the UK for example, where applicable VAT is 20%) if the Products are shipped by Gimo's Italiana Spa and delivered within the European Union. The Price is exempt from VAT if the Products are shipped by Gimo's Italiana Spa and delivered outside the European Union.
5.3 The price does not include any shipping costs. Gimo's Italiana Spa may request that the Customers bear part of the shipping costs, being understood that such amount will depend on the kind of delivery, the quantity of shipped Products, the volume, the weight and the destination of the Products.
5.4 The price includes transport (only for European community countries).
5.5 Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.
6. Placement of the Orders
6.1 In order for the Customers to place their Orders, they can register on the On-Line Shop; such registration may be obtained by entering the information and data indicated as "mandatory" and by selecting a password to be used when placing the Orders and when accessing the Account any time later.
6.2 The Customers may purchase the Products by selecting them in the relevant section of the On-Line Shop dedicated to the Product category searched and putting them in the "cart". When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on "add to your cart". Once the selection of Products is complete, the Customers will be bound to proceed with registration pursuant to clause 6.1, if not yet registered. For registered Customers, instead, authentication will be required by typing password and login in the relevant fields and clicking "proceed to check out". Once the data relating to the selected Product/s and the "shipping/ delivery information" is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking "confirm order". It will be a matter for the Customer to ensure that there ‘login’ details are secure. Gimo's Italiana Spa will not be held liable or responsible where access is gained to a customer’s account by a non-customer using the correct login details.
7. Payment methods
7.1 The Customers may pay the Price by means of credit card, Pay Pal, bank wire or other methods of payment indicated by Gimo's Italiana Spa in the On-Line Shop. Gimo's Italiana Spa has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by Gimo's Italiana Spa in the On-Line Shop at the time the Orders are placed by the Customers.
7.2 Credit cards: If the payment is made by credit card, Customers will be charged with the Price, once the credit card data is verified and the authorization from the company issuing the credit card is received, upon the Confirmation Order being sent by Gimo's Italiana Spa Credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payments. The payment is made on a safe server directly, with an SSL deciphering key. The credit card data is not accessible by Gimo's Italiana Spa with sole shareholder or third parties, neither at the time of placement of the Orders nor later.
7.3 Bank wire: The payment by bank wire shall be made by the Customers using the bank details provided in the On-Line Shop, specifying in the reason for payment the order number (including the initial letters), which Gimo's Italiana Spa communicated at the time the Order was placed by the Customers and in the Order Confirmation.
7.4 Paypal: If payment of the Price is made by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected on PayPal's safe Web site. On such Web site, the Customers will be able to complete the payment of the Price using their own PayPal account and in accordance with PayPal conditions for utilization of service, which Customers will have accepted either at the time or previously. The Price shall be charged on Customers' PayPal account upon the Confirmation Order being sent by Gimo's Italiana Spa.
7.5 Scalapay: If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.
7.6 If requested by the Customers upon placing the Orders, Gimo's Italiana Spa shall send regular invoices by e-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued by Gimo's Italiana Spa.
7.7 Information received from Gimo's Italiana Spa pursuant to clause 7. shall be solely utilized by Gimo's Italiana Spa for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.
7.8 New European PSD2 regulation: Starting on 28 December 2020, online payments will be even more secure thanks to the new European PSD2 regulation which introduces new authentication rules. From now on, when you place an order using a credit card payment, your bank may ask you to confirm your identity using 3D Secure authentication. There are many ways to authenticate online payments and you may be asked to confirm your identity by SMS, email or TouchID. We recommend that you contact your bank to ensure that they have your correct contact details in case you are asked to use SMS or email for 3D Secure authentication.
8. Shipping and delivery of the Products
8.1 Being understood that "shipping" of Products means the collection of the items by the couriers selected by Gimo's Italiana Spa pursuant to clause 8.2, Gimo's Italiana Spa agree to ship the Products:
(i) when the Products are available (as defined under clause 4):
- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
- within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
(ii) should one or more Products become unavailable as in the case under clause 4.3, Gimo's Italiana Spa will use its best endeavours to inform the Customer, by email, that non available item/s will be refunded in a timely manner directly to the same payment method selected by the Customer in the order. Available items selected in the order will be sent to the Customer. Gimo's Italiana Spa will accept no liability or responsibility for the non/delayed availability of any product/s.
(iii) in case of "on demand" Products (as defined under clause 4.4) within 3 working days from the time such Products are available at Gimo's Italiana Spa's warehouses.
8.2 Gimo's Italiana Spa agrees the shipment of the Products worldwide by means of couriers selected on a case by case basis depending on the Product ordered and on the destination. The Products are shipped by Gimo's Italiana Spa, and delivered by the courier selected by Gimo's Italiana Spa, at the address indicated by the Customers at the time of registration as under clause 6.1 or at a different address specified at the time the Order is placed.
8.3 Gimo's Italiana Spa agrees to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers:
- in Italy within 48 hours from the date of shipment;
- outside Italy within 10 days from the date of shipment. Gimo's Italiana Spa accepts no liability or responsibility for the delayed or late delivery of any items.
8.4 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as Gimo's Italiana Spa is unable to directly monitor the deliveries of the selected couriers; therefore, Gimo's Italiana Spa cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.
8.5 In order to allow the Customers to monitor the progress of the Orders, Gimo's Italiana Spa shall issue an Order number which, once inserted in the "Order history and details" section allows to verify all information concerning the Orders.
8.6 The Customers may also verify the progress of Orders utilizing the "Order Tracking" function if such service is provided by the courier selected by Gimo's Italiana Spa for the delivery. Such check is available to the Customers only after the shipment of Products and by utilizing tracking data communicated by Gimo's Italiana Spa via e-mail.
8.7 The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:
(i) the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type.
(ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.
8.8 Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing "control reserve" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.
8.9 The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.
9. Right to withdraw
9.1 The Customers who are "consumers" (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right, in accordance with and pursuant to article 64 of the Italian Legislative Decree n. 206 of 2005, to withdraw from the Sale and Purchase Agreement within 14 days from receipt of the Products. Customers may exercise their right to withdraw as indicated:
- Log in to your personal account and click on "Order history and details".
- Choose the order for which you want to return and click on "details"
- Now you can see the details of the order, click on "return request"
- Choose the product to return and in the description field indicate the reason and click "Submit".
- You will receive an e-mail confirming your return request
9.2 In case the Customers exercise the right to withdraw pursuant to this clause 9:
(i) Customers undertake to return the Products within 14 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;
(ii) in the event of a refund request all costs connected to the return of the Products are entirely borne by the Customers;
(iii) Gimo's Italiana Spa undertakes to reimburse the Price in the shortest time possible and, in any event, within 30 days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1, provided that:
- the Products have been returned and are intact;
- the original package has also been returned and is intact;
- the accessory items and instructions manual, if any, are returned and are intact;
- the Products have not been utilized;
(iv) Gimo's Italiana Spa shall communicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to require to the Customers the relevant banking data (IBAN and name of account holder).
9.3 Should the Customers not exercise the right to withdraw in accordance with terms and conditions set out under this clause 9., the Customers shall have no right to reimbursement of the Price.
9.4 As an alternative to exercising the right to withdraw provided for by this clause 9., "consumer" Customers hold the option to "size change" according to the terms and conditions specified on the On-Line Shop.
In the event of a size change request, the costs for returning products only for the first exchange request will be charged to Gimo's Italiana Spa, while the costs for new shipping will be borne by Gimo's Italiana Spa.
(This for a single size change, any other subsequent size changes will be entirely borne by the customer).
10. Products' flaws / defects
10.1 Should the Products bear a warranty from the producer (commercial/conventional warranty), any possible flaw and defect of the Products must be communicated by the Customers directly to the producer in accordance with the terms and conditions indicated in the warranty.
10.2 "Consumer" Customers (as defined under clause 9.1) have the rights granted to the "consumers" by article 130 of Legislative Decree n.206 of 2005; such rights must be exercised in accordance to the terms provided for by article 132 of the above mentioned Decree.
11. Product liability
The producer of the Products shall be liable for whatever damage caused by the Products' flaws and/or defects.
Gimo's Italiana Spa undertakes and guarantees that personal data shall be treated in accordance with the provisions set out under Legislative Decree No. 196 of 2003 (Italian Personal Data Protection Law) and further modifications. Details referred to the treatment of data are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2.
13. Errors and inaccuracies in the On-Line Shop
13.1 Gimo's Italiana Spa agrees to regularly check the On-Line Shop in order to avoid any possible error or inaccuracy. However, it is possible that the On-Line Shop bears, or might bear, errors, inaccuracies or oversights from time to time.
13.2 Gimo's Italiana Spa has the right to amend the errors, inaccuracies or oversights contained in the On-Line Shop even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.
14. Intellectual Property
All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of Gimo's Italiana Spa; the On-Line Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from Gimo's Italiana Spa.
15. Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws of the Republic of Italy (in particular by Legislative Decree No. 206 of 06/09/2005 –clauses from 50 to 67 – and by Legislative Decree No. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly.
15.2 Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Court of Turin.
For further information and assistance on the On-Line Shop and/or on the methods of purchase on the On-Line Shop and/or on the Sale and Purchase Agreements, the Customers may contact Gimo's Italiana Spa through our customer service email: email@example.com or by letter at the following address: Gimo's Italiana Spa - Via Monte Bianco, 1 35018 S.Martino di Lupari (PD) (Italy).
Sales contract is drawn up in Italian and English. In case of discrepancies in the translation, Italian version will prevail.