Terms of Sale for the www.ghisafon.com e-commerce website

The Purchaser explicitly states that he makes the purchase for purposes unrelated to the business or professional activity he pursues.

Supplier identification
The goods that are the subject of these general terms are put up for sale by  Ghisafon 23 sas di Adami Michele & C.with Headquarters/Branch in Verona, via del Perlar No. 29/a, registered with the Verona Chamber of Commerce under No. 247643 of the Register of Companies, tax code 04717310231, VAT No. 04717310231, hereinafter referred to as “Supplier”.

Art. 1
Definitions
1.1. The term “online sale contract” means the contract of sale for tangible movables from the Supplier, entered into between the Supplier and the Purchaser as part of a remote sales system through electronic tools  and organized by the Supplier.
1.2. The term “Purchaser” means the consumer, the natural person who makes the purchase according to this contract for purposes unrelated to the business or professional activity he may pursue.
1.3. The “Supplier” means the person charged with selling the goods for which this contract has been prepared.

Art. 2
Subject of the contract
2.1.By virtue of this contract the Supplier sells and the Purchaser purchases respectively, remotely through electronic tools, the tangible movables specified and offered for sale on the www.ghisafon.comwebsite.
2.2.The products as per the previous point are illustrated in the Supplier’s dedicated web pages www.ghisafon.com.  

Art. 3
Contract stipulation procedure
3.1.The contract between Supplier and Purchaser is entered into exclusively through the Internet by means of access, by the Purchaser, to the www.ghisafon.comwebsite where the Purchaser, following the specified procedures, shall finalize the goods purchase proposal and the goods purchase contract as per point 2.1. of the previous article.

Art. 4
Contract finalization and effectiveness
4.1. The purchase contract is finalized by duly filling out the request form and purchase consent, given by filling out the form contained in the shopping cart in the Supplier’s website www.ghisafon.comand by then sending the form, after display of a printable web page that summarizes the order and that carries the principal’s identification data and the order data, the price for the goods being purchased, shipping costs and any further accessory costs, payment terms and methods, the address where the goods shall be delivered, delivery times and the existence of the withdrawal right.
4.2.The moment the Supplier receives the order from the Purchaser he shall send a confirmation email or display a printable web page that confirms and summarizes the order and which also carries the data specified in the previous point.
4.3.The contract between the parties is not effective nor finalized when anything specified in the previous point is lacking.

Art. 5
Payment and refund procedures
5.1.Payments by the Purchaser may only be made by one of the methods specified in the Supplier’s special web page.
5.2.Any refunds to the Purchaser shall be promptly credited according to one of the procedures proposed by the Supplier and chosen by the Purchaser.  When the withdrawal right is exercised, as governed by art. 13, point 2 et seq. of this contract, at the latest within 30 days of the date when the Supplier is notified of the withdrawal.
5.3.All notices related to payments take place through a specific line belonging to the Supplier, protected by an encryption system.  The Supplier ensures storage of this information through another level of security encryption in accordance with the provisions of existing personal data protection code.

Art. 6
Delivery times and methods
6.1.The Supplier shall deliver the chosen and ordered products according to the methods selected by the Purchaser or specified in the website at the time the goods were offered, as confirmed in the email as per point 4.2.
6.2.Shipping times may vary from the same day the order is placed up to a maximum of 15 working days of the order confirmation.  The Purchaser shall be promptly informed by email when the Supplier is unable to carry out shipment within this deadline but in any case can do so within the deadline specified in the following point.
6.3.Methods are clearly specified in the order form.  Shipping costs are stated at the bottom of this web page.

Art. 7
Prices
7.1.All the sale prices of the products illustrated and specified in the www.ghisafon.comInternet site are in Euro and constitute offers to the public pursuant to art. 1336 of the Civil Code.
7.2.The sale prices as per the above point are inclusive of VAT and any other taxes.  Shipping costs and any accessory costs (customs clearance, for example), if present and even if not included in the purchase price, must be specified and calculated in the purchase procedure prior to dispatch of the order by the Purchaser and must also be contained in the summary web page of the order that is placed.
7.3.The prices specified next to each of the goods offered to the public are valid until the date specified in the catalogue.

Art. 8
Availability of products
8.1.The Supplier ensures processing and carrying out of the orders without delay through the electronic system.  To this end he specifies, in real time and in his own electronic catalogue, the number of products available and those that are not available as well as shipping times.
8.2.Should an order exceed the quantity available in the warehouse the Supplier, by email, shall notify the Purchaser whether the goods can no longer be booked or what are the expected waiting times for getting the chosen goods, asking whether or not he intends to confirm the order.
8.3.The Supplier’s data processing system confirms registration of the order in the shortest time possible, sending the User confirmation by email in accordance with point 4.2.

Art. 9
Liability limitations
9.1.The Supplier is not liable for any disruptions due to force majeure causes should he not be able to carry out the order within the deadlines provided for by the contract.
9.2.The Supplier shall not be liable towards the Purchaser, except for the case of fraud or gross negligence, for disruptions or malfunctions connected to use of the Internet that are beyond the Supplier’s control or that of its subcontractors.
9.3.The Supplier shall also not be liable for damages, losses or costs incurred by the Purchaser due to failure to execute the contract for causes that cannot be ascribed to him.  The Purchaser is only entitled to full refund of the price paid and of any accessory costs incurred.
9.4.The Supplier is not liable for any fraudulent or unlawful use that third parties may make of credit cards, checks and other means of payment used to pay for the purchased products whenever he demonstrates that he has implemented all possible precautions based on the best current knowledge and experience and based on ordinary diligence.

Art. 10
Warranties and service procedures
10.1.The Supplier answers for any conformity defect that becomes evident within the term of 2 years of delivery of the goods.
10.2.For the purposes of this contract it is presumed that the consumer goods are compliant with the contract if, where pertinent, the following circumstances co-exist:  a) they are suitable for the use for which goods of the same type are usually used; b) they comply with the description made by the Supplier and have the qualities of the goods that the Supplier presented to the Purchaser as sample or model; c) they have the usual quality and performance of goods of the same type that the Purchaser could reasonably expect, keeping the nature of the goods in mind and, as the case may be, the public declarations of the specific characteristics of the goods made by the Supplier, by the manufacturer or by his agent or representative, in particular in advertising or on labels; d) they are also suitable for the specific use desired by the Purchaser and that was brought to the awareness of the Supplier at the time of finalization of the contract and that the Supplier accepted even for conclusive facts.
10.3.The Purchaser loses all rights whenever he does not notify the Supplier of conformity defects within the term of 2 months of the date on which the defect was discovered.
10.4.In any case, unless otherwise proved, it is assumed that conformity defects that become evident within 6 months of delivery of the goods already existed at that date unless this event is incompatible with the nature of  the goods or the nature of the conformity defect.
10.5.In case of conformity defect the Purchaser may, alternatively and at no expense, under the conditions specified in the following, ask for repair or replacement of the purchased goods, a reduction in the purchase price or cancellation of this contract unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier in accordance with art. 130, paragraph 4 of the Consumer Code.
10.6. The request must be forwarded in writing, by registered letter with return receipt, to the Supplier who shall state his willingness to meet the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
This same notice, if the Supplier accepts the Purchaser’s request, must specify the procedures for shipping or returning the goods as well as the deadline set for return or replacement of the defective goods.
10.7.Whenever repair and replacement are impossible or excessively burdensome or the Supplier has not proceeded to repair or replace the goods within the deadline as per the previous point the Purchaser may ask, at his choice, for a suitable reduction in the price or for cancellation of the contract.  In this case the Purchaser must send his request to the Supplier who shall state his willingness to meet the request, or the reasons that prevent him from doing so within 7 working days of receipt.
10.8.This same notice, if the Supplier accepts the Purchaser’s request,  must specify the proposed price reduction or the procedure for returning the defective goods.  In these cases it will be up to the Purchaser to specify the procedures for crediting again the sums previously paid to the Supplier.

Art. 11
Purchaser’s obligations
11.1.The Purchaser undertakes to pay the price for the purchased goods within the deadlines and according to the methods specified in the contract.
11.2.The Purchaser undertakes, once the online purchase procedure has been finalized, to print and preserve this contract.
11.3.The information contained in this contract has, moreover, already been examined and accepted by the Purchaser, who acknowledges it, because this passage is made compulsory prior to confirming the purchase.

Art. 12
Withdrawal right
12.1.In any case the Purchaser is entitled to withdraw from the contract  being stipulated without any penalty and without specifying the reason within the term of 14 (fourteen) working days starting from the date of receipt of the purchased goods.
12.2.Should the professional not meet the information obligations regarding the existence, procedures and return times or the withdrawal of the goods in case of exercise of the withdrawal right as per art. 52 of the Consumer Code then the term for exercising the withdrawal right is 12 (twelve) months starting from the end of the initial withdrawal period and starts from the date of receipt of the goods by the Consumer.
12.3.Should the Purchaser decide to avail himself of the withdrawal right he must notify the Supplier thereof by registered letter with return receipt addressed to Ghisafon 23 sas di Adami Michele & C. Via del Perlar, 29/a Verona or by fax to the number +39 045.8231344 or by Certified Email to the address amministrazione@pec.ghisafon.com, as long as these notices are confirmed by sending a registered letter with return receipt to the address Ghisafon s.n.c. Via del Perlar, 29/a Verona within the following 48 (forty eight) hours.  The postmark on the receipt issued shall be a proof for the Parties.  Notice of the decision to exercise the withdrawal right may also be validly replaced by return of the purchased goods as long as this is done within the same terms.  The date of delivery to the Post Office or to the Carrier shall be a proof for the Parties.
12.4.Return of the goods must in any case take place no later than 30 (thirty) days of the date of receipt of the goods.  In any case to be entitled to full refund of the price paid the goods must be returned whole and in a normal state of preservation.
12.5.The Purchaser cannot exercise this withdrawal right for purchase contracts for sealed products which the Purchaser has opened nor for goods packaged to custom orders or clearly customized or which, due to their nature, cannot be sent back or risk spoilage or rapid degradation nor for supply of goods the price of which is tied to fluctuations in financial market rates that the professional is unable to control and in all other cases provided for by art. 55 of the Consumer Code.
12.6. The only expenses owed by the Consumer for exercising the withdrawal right in accordance with this article are the direct expenses required for returning the goods to the Supplier (excluding the shipping expenses incurred) unless the Supplier accepts to pay for these.
12.7. The Supplier shall, free of charge, refund the entire amount paid by the Purchaser within the term of 30 (thirty) days of receipt of the notice of withdrawal.
12.8.Upon receipt of the notice whereby the Purchaser notifies exercise of the withdrawal right, the Parties to this contract are relieved of their mutual obligations without prejudice to what is specified in previous points of this article.

Art. 13
Cancellation causes
13.1.The obligations as per point 12.1, taken on by the Purchaser, as well as the guarantee of proper settlement of the payment that the Purchaser makes by the means as per point 5.1. and likewise the precise fulfilment of the obligations taken on by the Supplier in point 6 are all essential in nature so that, by explicit agreement, default to any one of these obligations, when not caused by fortuitous or force majeure cases, shall entail by right cancellation of the contract in accordance with art. 1456 of the Civil Code without the need for judicial judgment.

Art. 14
Safeguarding of confidentiality and processing of the Purchaser’s data
Ghisafon s.n.c. Privacy

Art. 15
Contract storage procedures
15.1.Pursuant to art. 12 of Legislative Decree 70/2003 the Supplier informs the Purchaser that every order sent in shall be stored in digital format on the server that hosts the www.ghisafon.comwebsite and in hardcopy at the Supplier’s headquarters according to criteria of  confidentiality and security.

Art. 16
Notices and claims
16.1.Written notices to the Supplier and any claims shall only be considered valid when they are sent to the following address:  Ghisafon 23 sas di Adami Michele & C. – Via del Perlar, 29/a – 37135 Verona – ZAI or sent by fax to number 045/8213436 or sent by email to the following address ghisafon@ghisafon.comor by certified email to the address amministrazione@pec.ghisafon.com.
The Purchaser specifies in the registration form his own residence or domicile, telephone number or email address to which he wants the Supplier’s notices to be sent.

Art. 17
Settlement of disputes
17.1.Whenever the Parties intend to seize the Ordinary Judicial Authority the Court of Jurisdiction is that of the place of residence or elected domicile of the Consumer, mandatory  pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.

Art. 18
Governing law and referral
18.1.This contract is governed by Italian law.
18.2.The laws applicable to relationships and to the cases provided for in this contract, and in particular art. 5 of the 1980 Rome Convention, shall apply to all the matters that are not explicitly specified herein.
18.3.Pursuant to art. 60 of Legislative Decree 206/2005 referral is explicitly made herein to the regulations contained in Part III, Title III, Paragraph I of Legislative Decree 206/2005.

Art. 19
Final clause
This contract repeals and supersedes all agreements, understandings or negotiations, either in writing or verbal, made previously between the Parties and concerning the subject of this contract.