General terms and conditions of online sales

 

GENERAL PROVISIONS

These conditions are valid exclusively between the company GARDA LASER S.A.S. DI CUCINOTTA SALVATORE, with registered office invia Casa Zamboni, 78/a – 37024 Negrar (Verona) REA MB Rea VR391993 VAT number 04100430232hereinafter referred to as “GARDA LASER” and any person physical or legal entity (hereinafter referred to as “Customer”), who makes online purchases on the website www.gardalaser.it in the section dedicated to the online shop.

These terms and conditions may be subject to change and amendment by Garda Laser without prior notice, and the date of publication of these terms and conditions on the site shall be equivalent to the effective date of these terms and conditions.

These conditions govern purchases made on the website www.gardalaser.it in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 on electronic commerce. The provisions relating to the Consumer Code apply only to consumer purchasers who have made the purchase for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

The Customer is required, before accessing the catalog of products on the above-mentioned site, to carefully read these General Terms and Conditions of Online Sales.

 

OBJECT OF THE CONTRACT

These General Conditions apply to any purchase of the product catalog offered for sale on the site www.gardalaser.it The Customer accesses and formalizes the purchase order, according to the procedure provided by the site itself.

The Customer undertakes to read, before proceeding to the confirmation of his order, these general conditions of on-line sale, in particular the pre-contractual information provided by Garda Laser.

These Terms and Conditions, which form an integral part of the contract, are deemed unconditionally accepted by placing a flag in the box indicated.

In the order confirmation e-mail, the Customer will also receive the link to download and store a copy of these general conditions of sale online, as provided for in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

 

PRE-CONTRACTUAL INFORMATION FOR THE CUSTOMER

The Customer, prior to the conclusion of the purchase contract, takes note of the characteristics of the products for sale online that are illustrated on the above website, as well as the methods of preparation, application and use strictly stated inside the packaging. Before the conclusion of the purchase contract and before the validation of the order with “obligation to pay,” the Customer is informed regarding:

– total price of goods including VAT, with details of shipping and any other costs;

– method of payment;

– the time limit by which Garda Laser agrees to deliver the goods;

– The conditions, terms and procedures for exercising the right of withdrawal;

– the information that the Client will have to support the Cost of return of goods in case of withdrawal.

The description of the product, and any of its specifications, shall be as also set forth in the catalog/price list or as referred to or set forth in documents formally transmitted/disseminated by Garda Laser or by Garda Laser’s authorized representatives.

 

CONTRACTS/PURCHASE ORDERS

In order to place a purchase order, the Customer must be of legal age and possess the capacity to act which he or she declares to have.

The purchase order is transmitted by the Customer to Garda Laser by means of the form on the website and duly completed in its items by the Customer.

The sales contract is considered concluded with the sending by Garda Laser to the Customer of an e-mail confirming the order. The e-mail contains the Customer’s data and order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent, as well as the link to be able to print and store the copy of these conditions.

The Customer agrees to verify the accuracy of the personal data contained therein and promptly notify Garda Laser of any corrections.

 

PRODUCT AVAILABILITY

Inside the packaging of the products for sale online are the methods of preparation, application and use which the Customer must strictly adhere to.

Product availability refers to the actual availability at the time the Customer places the order. However, this availability must be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the product may be sold to another Customer, before the confirmation of the order.

If, following the sending of the order confirmation email there are cases of partial or total unavailability of goods, the order will be automatically rectified with the elimination of the unavailable product and the buyer will be immediately informed by email. For such an eventuality, the Customer may request the cancellation of the order, terminating the contract, and Garda Laser will refund the amount already credited within 7 days from the day it became aware of the Customer’s decision to terminate the contract.

 

PRICES

The prices of Garda Laser products shown on the website www.gardalaser.it and are inclusive of VAT and refer to purchases made via the Internet.

The Customer shall pay Garda Laser the total price of the product as stated in the order and in the order confirmation sent by e-mail from Garda Laser to the Customer.

In the event of computer, manual, technical, or any other error that may result in a substantial change, not foreseen by Garda Laser, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the Customer will be refunded within 7 days from the day of cancellation.

 

TERMS OF PAYMENT

Payment can be made in the following ways:
– bank transfer in advance.
– Visa, CartaSì, MasterCard and American Express credit cards directly from the site.
– PayPal.

For customers with an established business relationship, other conditions may be agreed upon.

 

SHIPPING/INSURANCE
You are responsible for the cost of transportation and any transportation insurance. See below.

Operating only in the Italian domestic market, Garda Laser S.A.S does not provide for delivery of goods to other European Union member states.

 

DELIVERY TIME

Typically, all orders are delivered within 3-5 business days (within 7 days for the Islands) of Garda Laser taking the order, or crediting the payment received, whichever is later.
In case some ordered products are not immediately available Garda Laser will contact the Customer through the CUSTOMER SERVICE to find alternatives or agree on deferred deliveries. For delivery Garda Laser uses the best national express couriers and trusted carriers, but delays cannot be ruled out for which it is not responsible. Delivery times are to be considered indicative and not binding so in any case of delay in delivery due to force majeure or fortuitous event, Garda Laser S.A.S DI CUCINOTTA SALVATORE cannot be held responsible.

In the event that the Customer has advance knowledge of the inability to receive the goods, the Customer shall notify Garda Laser of the reason and a reasonable period of time within which it expects to be able to receive the goods.

In the event that non-receipt of the goods is attributable to the Customer, the risk related to the products will be transferred to the Customer from the moment Garda Laser has notified the Customer in writing that the products are ready for delivery. The Customer shall pay the costs related to the delay in delivery applied by the carrier, as well as any further consequential damages. Unless otherwise agreed partial deliveries are permitted.

 

WARRANTY

Pursuant to and for the purposes of European Directive 44/99/EEC and Legislative Decree no. 206/2005 (Consumer Code), Garda Laser warrants that the products are free from defects in design and material, as well as conforming to what is stated on the site for a period of two years from the date of delivery of the products. The warranty is excluded if the defect has occurred due to the Customer’s failure to comply with the instructions/manner of use provided. Under penalty of forfeiture of this warranty, the Customer has the burden of reporting any defects and non-conformities of the products no later than 2 months after their discovery by transmitting the information by e-mail pec and/or registered letter A/R, indicating the defect or non-conformity and all documentation relating to the product. Following the receipt of such complaint, Garda Laser will carry out the appropriate checks in order to assess the merits of the complaint and if it is considered well-founded, it will proceed to the replacement of the product or compensation of the purchase price by the means that will be communicated by the same.

In the event that the Customer has notified the defects within the prescribed time limit but, upon verification, no basis emerges in the allegations made, Garda Laser shall be entitled to compensation for The Customer may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, set out in Annex I, Part B, referred to in Legislative Decree 21/2014 (not mandatory), the text of which is reproduced below: expenses it has incurred for the above-mentioned verifications.

 

RECESS

In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days starting from the date of receipt of the products. The Customer who intends to exercise the right of withdrawal must notify Garda Laser by means of an explicit declaration, which may be sent by registered letter with return receipt and/or by e-mail pec.

Substantial integrity of the goods and original packaging is a prerequisite for the exercise of the right of withdrawal.

The Customer may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, set out in Annex I, Part B, referred to in Legislative Decree 21/2014 (not mandatory), the text of which is reproduced below:

Model withdrawal form pursuant to Article 49(1)(h)

Garda Laser S.A.S OF CUCINOTTA SALVATORE

via Casa Zamboni, 78/a – 37024 Negrar (Verona)

e-mail: info@gardalaser.it

oppure

Garda Laser S.A.S OF CUCINOTTA SALVATORE

Via Casa Zamboni 78/a – 37024 Negrar (Verona)

Email pec: gardalaser@pec.it

I/we (*) hereby notify/notify (*) of the termination of my/our (*) contract of sale of the following goods/services (*)

– Ordered on (*)/received on (*)

– Name of consumer(s).

-Address of the consumer(s)

– Signature of the consumer(s) (only if this form is sent in paper version)

– Date

(*) Delete the unused wording.

In case of exercising the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to Garda Laser his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

The goods must be returned to Garda Laser S.A.S DI CUCINOTTA SALVATOREat via Casa Zamboni, 78/a – 37024 Negrar (Verona).

The direct costs of returning the products are borne by the Customer.

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Garda Laser will refund the amount of the products subject to the withdrawal, including any shipping costs, within a maximum of 14 days from the day of the refund.

 

If the Customer is a consumer, he/she will have the right to receive a refund within 14 days of communication of the exercise of the withdrawal, without prejudice to Garda Laser’s right to suspend the refund until receipt of the goods or until demonstration by the Customer to have sent the goods back to Garda Laser (art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014).

 

ITEMS PRODUCED ON REQUEST OR CUSTOMIZED

The ordering of products made at the explicit request of the Customer and of personalized products cannot be considered “mail order” pursuant to the law regulating sales carried out outside commercial premises and therefore does not fall within the scope of application of said law. This excludes the right of withdrawal.

 

FORCE MAJEURE

Garda Laser is not considered responsible for delays in deliveries or for its own failure to fulfill obligations caused directly or indirectly by:

– force majeure events (for the purposes of this clause and without the list being considered exhaustive, a force majeure event includes legal prohibitions, wars, riots, revolutions, strikes or other labor disputes, fires, floods, sabotage, nuclear accidents, earthquakes, storms, epidemics);

– circumstances beyond the control of Garda Laser, such as to prevent the procurement of manpower, materials, components, systems in general, energy, fuel, means of transport, government authorizations or provisions, malfunctions or disservices of the Internet network.

 

INTEGRALITY

These General Conditions of Online Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law or following a decision by a Court having jurisdiction, the other provisions will continue to have full force and effect.

 

APPLICABLE LAW AND JURISDICTION

These General Conditions of online sales and the orders/order confirmations related to them are governed by Italian law, and for any dispute relating to the application and interpretation of this document the Court of Verona will have jurisdiction. . The exclusive jurisdiction of the Court of the Consumer Customer remains in accordance with the art. 66bisLegislative Decree 206/2005, amended by Legislative Decree 21/2014. The governing and prevailing language, in the event of any disputes regarding the interpretation of this text, is Italian despite the translation into any other language. The application of the United Nations Convention on the International Sale of Goods (Vienna – 1980 – CISG) is expressly excluded.