Termos de Venda Clientes Privados do eShop

SALES TERMS eSHOP PRIVATE CUSTOMERS

Rev. 01.06.21

1. SCOPE OF APPLICATION
1.1. These general conditions of sale (hereinafter "Conditions") govern and apply to all current and future sales of products (hereinafter "Product" and / or "Products"), to be understood as the goods produced by Ghidini Lighting S.r.l. and distinguished by the brands Ghidini and Lucitalia (hereinafter "Trademarks"), concluded through the website www.ghidini.it (hereinafter "Site") between the company Ghidini Lighting S.r.l. with headquarters in 25065 - Lumezzane (BS) - Italy, Via Monsuello n. 211, registered in the Brescia company register under no. 536731, Fiscal Code / VAT number: 03468330984, Tel. +39.030.89.25.625, Fax: +39.030.82.48.406, pec (certified email): ghidinisrl@legalmail.it, E-mail: customerservice@ghidini.it (hereinafter "Ghidini") and consumer customers pursuant to Art 3, co. 1 letter A) of the Legislative Decree 6 September 2005, n. 206 (hereinafter "Consumer Code"), to be understood as any natural person with at least 18 years of age who, for purposes unrelated to their business, commercial, craft or professional activity, makes online purchases on the Site (hereinafter "Customer ").
1.2. The Conditions are made in accordance with the provisions of:
• Legislative Decree 6 September 2005, n. 206 containing the Consumer Code and subsequent amendments;
• Legislative Decree 9 April 2003, 70 implementing the 2003/31 / EC Directive on Electronic Commerce and Electronic Communications;
• EU Regulation of 27 April 2016 n. 679 concerning the protection of individuals with regard to the processing of personal data as well as the free circulation of such data.
1.3. The Customer undertakes to read the Conditions carefully before transmitting his purchase order on the Site in accordance with the provisions of the following par. 2. The Customer, by submitting his purchase order, acknowledges having read, understood and accepted the Conditions, without any limitations or reservations and undertakes to print and keep a copy.
1.4. The Conditions do not regulate the sale of products and / or the provision of services by parties other than Ghidini present on the Site through links, banners or other hypertext links, for whose actions Ghidini assumes no responsibility.
1.5. The Conditions can be modified by Ghidini at any time. Any changes will come into force from the date of their publication on the Site.
1.6. Purchases made by the Customer on the Site are governed by the general conditions of sale in force on the date of the Customer's dispatch of the purchase order. Ghidini therefore recommends the Customer to carefully read the general conditions of sale whenever he intends to make a new purchase.

2. PRODUCT ORDERING PROCEDURE
2.1. To place an order, the Customer is required to follow the procedure described below.
2.2. The Customer who intends to make a purchase on the Site must select the desired quantity for each Product and add the Products to the "Cart".
2.3. Once the Products have been added to the Cart and clicked on the "Checkout" icon, the Customer will be asked to:
a) indicate their reference e-mail address and tax code;
b) select - in the "Private / Company" option - that the purchase is made as a "Private".
2.4. After clicking on the "Continue" icon, the Customer must indicate their shipping and billing information and then press the "Next" button. The Customer will then see an "Order Summary" page containing the following information:
• main characteristics, price and quantity of each product ordered;
• total price of the order, including VAT and any shipping costs.
The Customer is required to verify the accuracy of the data indicated in the "Order Summary" and only then to click on the "Next" button. The contents of the Cart as well as the data entered by the Customer during Checkout (see par. 2.3 and 2.4) can be checked and / or modified by the Customer - by clicking on the "Back" button - until the time of sending the order (see next par. 2.6)
2.5. Once the accuracy of the data indicated in the "Order Summary" has been verified, the Customer will be asked to:
a) read the Conditions and confirm acceptance by checking the box "I accept the conditions of sale";
b) read the Privacy Policy and confirm that it has been read by checking the box "I declare that I have read the information on the processing of personal data";
c) declare whether he/she intends to consent to the processing of his/her personal data for commercial or marketing purposes by Ghidini by selecting, only if it intends to consent to it, the box "I consent to the processing of my personal data to receive commercial or marketing communications from Ghidini Lighting Srl ".
It should be noted that, while with reference to points 2.5 a), 2.5 b) the selection of the relevant boxes is mandatory to proceed with the purchase, in the case referred to in point 2.5 c) the Customer is required to tick the relevant box only in the case in which he intends to receive commercial or marketing communications from Ghidini. Therefore, where the Customer does not intend to receive the aforementioned communications, the same must refrain from selecting the box in question but may still proceed with the purchase.
2.6. The Customer must then select the desired payment method and proceed with sending the order. The Customer expressly acknowledges that placing the order implies the obligation to pay the price and other amounts due under the Conditions (see par. 4).

3. CONCLUSION AND EFFECTIVENESS OF THE SALES CONTRACT
3.1. By sending his/her order (par.2.6), the Customer declares to have read, understood and accepted the Conditions and acknowledges that the same, in case of acceptance of the order by Ghidini (see par.3.2), they will be binding between the Parties (by such means the joint indication of Ghidini and the Customer).
3.2. The sales contract is considered concluded and effective between the Parties with the sending by Ghidini of an e-mail confirming the order to the address indicated by the Customer during the ordering phase (see par. 2.3 letter a ). The order confirmation e-mail contains the Customer's data and the order number, the essential characteristics of the Products purchased, the price of the Products purchased, the shipping costs, the delivery address to which the Products, the expected delivery date of the Products, the Tracking Number as well as the link to be able to print and archive a copy of the Conditions.
3.3. The Customer undertakes to verify the correctness of the data contained in the above e-mail and to notify Ghidini of any corrections and / or changes to be made.
3.4. Ghidini reserves the right to accept the order sent by the Customer within 2 (two) working days starting from the working day following the one on which the Customer sent his order. In the absence of a written order confirmation from Ghidini within the aforementioned term of 2 (Two) days, the order will be considered not accepted. In this case Ghidini will have to provide, without undue delay, for the reimbursement of any amount already paid by the Customer.

4. PRICE AND METHOD OF PAYMENT.
4.1. All sales prices of the Products listed on the Site are expressed in Euros (€) and include value added tax (VAT) at the rate in force in Italy on the date the order is placed by the Customer.
4.2. Ghidini reserves the right to change, without notice, at any time and at its own discretion, the sales prices indicated on the Site. It is of course understood that the price applied to the Customer will be that indicated on the Site on the date of placing the order by the Customer himself (and indicated in the confirmation e-mail sent by Ghidini pursuant to par.3.2), without considering any price increases or decreases for any reason subsequently intervened
4.3. The sales prices indicated on the Site do not include shipping costs, which are therefore to be understood as the responsibility of the Customer unless the Site, at the end of the purchase procedure, determines the shipment to be paid by Ghidini. Shipping costs are calculated automatically by the system based on the Products selected by the Customer, the place of delivery and the shipping method chosen by the Customer. This amount will be highlighted separately on the order form prior to sending and on the order confirmation e-mail.
4.4. Payment for the Products can only be made by means of one of the payment methods indicated on the Site. The Customer guarantees to Ghidini that he is in possession of all the necessary authorizations to use the chosen payment method. The data entered by the Customer for payment purposes is encrypted and is transmitted directly to the payment manager without passing through the Ghidini servers, which therefore will never access or store such data.
4.5. The price and any shipping costs will be charged to the Customer when the order is sent by the latter (see par. 2.6).
4.6. Ghidini will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price and shipping costs, if due.

5. TECHNICAL CHARACTERISTICS, QUALITY AND PACKAGING
5.1. The Customer, before concluding the purchase contract, is required to examine the technical characteristics of the Products that Ghidini undertakes to indicate in specific information sheets available on the Site.
5.2. Any images on the Site accompanying the Products are purely illustrative. Ghidini cannot therefore be held responsible for any non-substantial differences (by way of example but not limited to: the color of the Products) found between the images of the Products on the Site and the Products purchased by the Customer.
5.3. Ghidini reserves the right to include, at any time and without notice, new Products and to reduce and / or cease the sale and / or production of Products on the Site, in relation to its production needs.
5.4. Ghidini guarantees the compliance of the Products with the requirements that may be in force in Italy, also regarding safety, and with European legislation.
5.5. The Products are sold and delivered in compliant packaging, according to the best rules and practices in the industry.
5.6. Ghidini will provide with the Products the instructions for use / assembly and anything else necessary for their proper use.

6. AVAILABILITY OF PRODUCTS
6.1. The availability of the Products indicated on the Site refers to the actual availability of the same at the time the Customer places the order. This availability is purely indicative as:
• due to the simultaneous presence on the Site of multiple users, the Products could be sold to other customers before the Customer places his order;
• an IT anomaly may occur such as to make a Product available for purchase that is not actually.
6.2. In case of unavailability (even partial) of the ordered Product, Ghidini undertakes to immediately inform the Customer by e-mail, indicating the first date on which the Product will become available again. The Customer, in the following 48 (forty-eight) hours, will have the right to confirm the order or cancel it. In the absence of communication by the Customer, the order will be considered tacitly confirmed. In the event of cancellation of the order, however, the amount relating to the unavailable Products will be refunded to the Customer without undue delay and, in any case, within a maximum period of 14 (fourteen) working days from the date of cancellation of the order. The refund amount will be communicated by e-mail and credited to the same payment method used for the purchase. Ghidini declines all responsibility for any delays in crediting attributable to the bank or to third parties.

7. DELIVERY OF PRODUCTS
7.1. Ghidini will deliver the Products to the Customer at the address indicated by the latter at the time of the order, as confirmed by Ghidini in the order confirmation e-mail referred to in par. 3.2. It will not be possible to make deliveries to addresses located outside the European Union.
7.2. Ghidini will do its best to deliver the Products within the deadline indicated in the order confirmation and in any case within 30 (thirty) days from the date of receipt by the Customer of the order confirmation e-mail sent by Ghidini.
7.3. In the event that Ghidini fails to deliver the Products within the term of 30 (thirty) days referred to in the previous par. 7.2, the Customer is required to notify Ghidini in writing for delivery within a reasonable additional period. Failure to deliver within the aforementioned additional term gives the Customer the right to immediately terminate the contract, without prejudice to the right to compensation for damages. In the latter case, Ghidini will reimburse the Customer, without undue delay, the sums paid by the latter in execution of the contract. The refund amount will be communicated by e-mail and credited to the same payment method used for the purchase. Ghidini declines all responsibility for any delays in crediting attributable to the bank or to third parties.
7.4. Ghidini fulfills its delivery obligation when it transfers the material availability or in any case the control of the Products to the Customer.
7.5. In case of non-delivery due to the absence of the Customer at the address indicated (see par.3.2), the courier will leave a postcard to certify the delivery attempt, indicating his contact details so that the Customer can contact him to define a second attempt delivery. If this second attempt is also unsuccessful, the Products will be returned to Ghidini which will keep them in stock for no more than 30 (thirty) days. The Customer will be notified of this by e-mail so that he can contact Ghidini and with the latter define the times and methods for a new delivery attempt. Should this further attempt also fail or the Customer should not contact Ghidini within the aforementioned term of 30 (thirty) days, the sales contract must be considered terminated by law and the order canceled. In this case, Ghidini will reimburse the sum paid by the Customer, net of the costs of unsuccessful delivery of the Products as well as the costs of returning them to Ghidini and the costs of custody. The termination of the contract and the refund amount will be communicated to the Customer by e-mail. The refund amount will be credited to the payment method used by the Customer for the purchase.
7.6. The risk of loss or damage to the Products, for reasons not attributable to Ghidini, is transferred to the Customer when the same (or a third party designated by the same other than the carrier) materially comes into possession of the Products.
7.7. It is up to the Customer to check the condition of the Product that has been delivered to him. In the event that the packaging shows obvious signs of tampering or alteration, the Customer must accept the delivery with reserve and promptly notify Ghidini by sending an e-mail to the following address: customerservice@ghidini.it. In case of failure to report, the Customer will not be able to make any claim against Ghidini.

8. RIGHT OF WITHDRAWAL
8.1. In accordance with the provisions of Art. 52 Consumer Code, the Customer has the right to withdraw from the sales contract with Ghidini, without having to specify the reason, by giving written notice to Ghidini no later than 14 (fourteen) days from the date on which the Customer (or a third party other than the carrier designated by the Customer himself) has received the Products. In the case of multiple purchases made by the Customer with a single order and delivered separately, the aforementioned term of 14 (fourteen) days will run from the date of receipt of the last Product.
8.2. The term of 14 (fourteen) days referred to in the previous paragraph is considered to be respected if the Customer sends the communication relating to the exercise of the right of withdrawal to Ghidini before the expiration of the fourteenth day.
8.3. The communication of the decision to withdraw from the contract can be made, at the choice of the Customer:
• by filling in and sending the "Withdrawal Form" available here following the instructions on the Site; or
• by sending a registered letter a.r. to Ghidini Lighting S.r.l., Via Monsuello n. 211, 25065 - Lumezzane (BS) - Italy with an explicit declaration of the decision to withdraw from the contract. The communication must include an attached copy of the "Withdrawal Form", which can be downloaded from the useful links section of the duly completed site; or by sending the notice of withdrawal via certified e-mail (PEC) to the address: ghidinisrl@legalmail.it. The communication must include an attached copy of the "Withdrawal Form", which can be downloaded from the useful links section of the duly completed site. Since pursuant to Art. 54, paragraph 4 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal within the term of 14 (fourteen) days rests on the Customer, Ghidini invites the Customer to keep a copy of the notice of withdrawal.
8.4. The exercise of the right of withdrawal by the Customer - within the terms and in the manner specified above - determines the failure of the Parties to execute the sales contract (if it has already been concluded) or to conclude the sales contract (in the event that the withdrawal occurred before the order confirmation by Ghidini).

9. EXCLUSION OF THE RIGHT OF WITHDRAWAL
9.1. In accordance with Art. 59 of the Consumer Code, the Customer will not be able to exercise the right of withdrawal referred to in the previous par. 8 in the case of customized Products based on the Customer's specifications.

10. OBLIGATIONS OF THE CUSTOMER IN CASE OF WITHDRAWAL
10.1. The Customer who exercises the right of withdrawal is required to return the Products to Ghidini by sending them - no later than 14 (fourteen) days from the date of communication of the withdrawal, using a carrier of their choice - to the following address: Ghidini Lighting Srl, Via Monsuello n. 211, 25065 - Lumezzane (BS) - Italy.
10.2. The term of 14 (fourteen) days referred to in the previous paragraph will be considered respected only if the Customer returns the Products before the expiration of the fourteenth day.
10.3. The costs and risks associated with the return of the Products are charged to the Customer.
10.4. The substantial integrity of the Products to be returned is an essential condition for exercising the right of withdrawal. The Products must therefore be returned in original condition and with original labels - where present - not removed, in the same conditions of receipt, with the original packaging and all the accompanying documentation. The packaging of the Products to be returned must be accurate, in order to protect the original packaging from damage, writing and / or labels.
10.5. The Customer is responsible for any decrease in the value of the Products resulting from their handling other than that necessary to establish their nature, characteristics and functioning.

11. OBLIGATIONS OF THE SELLER IN CASE OF WITHDRAWAL BY THE CUSTOMER
11.1. In case of exercising the right of withdrawal - within the terms and in the manner specified in par. 8 - Ghidini will reimburse the Customer the amount paid by the latter, including shipping costs in 10.3 the customer is paying shipping (with the exception of any additional costs resulting from the Customer's choice of a more expensive delivery method than the standard delivery method proposed by Ghidini) , without undue delay and in any case within 14 (fourteen) days from the day on which Ghidini was informed of the Customer's withdrawal.
11.2. Ghidini will proceed with the reimbursement using the same payment method used by the Customer for the initial transaction, without being held responsible for any delays or omissions in crediting the Customer. In any case, the refund with will entail no cost for the Customer and will be made once the products have arrived back to Ghidini and inspected to verify they are in original condition
11.3. Ghidini reserves the right to withhold the refund until it has received the returned Products or until the Customer has demonstrated that he has returned the Products, whichever occurs first.

12. TRIAL AND ARCHIVING
12.1. Each contract with the customer will be filed by Ghidini at its headquarters.
12.2. Ghidini agrees to store this information in order to ensure the traceability of the transactions and to produce a copy of the contract, upon the Customer's request.
12.3. In the event of a dispute, Ghidini will have the opportunity to demonstrate that its electronic tracking system is reliable and guarantees the integrity of the transaction.

13. LEGAL WARRANTY
13.1. Ghidini undertakes to deliver to the Customer Products that comply with what is indicated in the order confirmation.
13.2. Ghidini is liable to the Customer for any lack of conformity that occurs within 24 (twenty-four) months from the delivery of the Products, even if the defect was not immediately detectable on the delivery date. Unless proven otherwise, the lack of conformity that occurs within 6 (six) months from the date of delivery is presumed to already exist on the date of delivery, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. .
13.3. Under penalty of forfeiture of the right to guarantee, the Customer must notify Ghidini of the presence of the defect and / or non-conformity within 2 (two) months of discovery in the manner referred to in the following par. 13.4. The action resulting from a lack of conformity expires within 26 (twenty-six) months from delivery of the Product.
13.4. The defects of the Products found during the warranty period must be reported by the Customer, in compliance with the terms referred to in the previous par. 13.3:
• by filling in and sending the appropriate form available and downloadable from the useful links section of the site; or
• by sending a registered letter a.r. to Ghidini Lighting S.r.l., Via Monsuello n. 211, 25065 - Lumezzane (BS), Italy or a certified email to ghidinisrl@legalmail.it indicating in detail: (a) the defects and / or non-conformities contested, (b) the quantity of defective Products, (c) the order number, (d) the type of remedy chosen (see par.13.6), (e) the date of receipt of the defective and / or non-compliant Products, (f) the date of discovery of the defects and / or non -compliance, (g) the address for the collection and shipment of the Products.
13.5. The Customer must keep the purchase receipt of the Product as well as the documents confirming the shipment and delivery of the Product.
13.6. In the event of a lack of conformity, the Customer can ask Ghidini, at his choice, to: (a) repair the Product or (b) replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome. Ghidini will replace or repair the Product within a reasonable time.
13.7. Upon receipt of the complaint of defects, Ghidini will contact the Customer in order to define with the latter the times and methods of collection of the defective and / or non-compliant Products. The Customer loses the warranty right if he does not make the defective and / or non-compliant Products available to Ghidini for collection within the agreed terms and methods.
13.8. In the event that (i) the replacement or repair of the Product is impossible or excessively expensive, or (ii) Ghidini has not repaired or replaced the Product within a reasonable time or (iii) the repair or replacement previously carried out has caused significant inconvenience to the customer, the customer may request, at his choice, a reasonable reduction in the price or the termination of the contract. In this case, the reimbursement, in whole or in part, of the price paid will take place using the same payment instrument used by the Customer for the initial transaction, without Ghidini being held responsible for any delays or omissions in crediting the Customer attributable to the credit institution and / or third parties. In any case, the refund will not involve any cost for the Customer.

13.9. The warranty does not apply in the event that the defect in the Products is caused by assembly / disassembly, use, storage and maintenance of the Products in an incorrect manner or in a manner not compliant with the instructions for use and assembly provided by Ghidini or in any case in not authorized or approved in writing by Ghidini; nor in the event of modifications, transformations, alterations or tampering of Products or their parts (including the application of accessories not approved by Ghidini).
13.10. Where the Customer's complaint is unfounded as well as in the cases referred to in the previous par. 13.9, Ghidini will charge the Customer for the costs incurred for the collection and subsequent return of the Products.

14. RECALL OF PRODUCTS
14.1. In the event of mandatory and / or voluntary recall procedures due to serial defects of the Products, the Customer will be obliged to collaborate fully with Ghidini, as well as to comply with any other action that Ghidini decides to undertake.
14.2. Ghidini may decide to withdraw the Products from the market by proceeding, at its sole discretion, with the replacement of the Products or, alternatively, with the reimbursement of the price in favor of the Customer. The Products will be collected at Ghidini's expense according to the instructions that it will send in writing to the Customer.

15. INTELLECTUAL PROPERTY
15.1. Ghidini guarantees that the Products sold marked by the Brands are in its own free availability.
15.2. Any form of reproduction or use of Ghidini's trademarks and intellectual property rights is prohibited without the prior written consent of Ghidini. Any reproduction of the drawings, projects, studies, lighting calculations made by or on behalf of Ghidini and / or owned by Ghidini is also prohibited, without prior written consent.

16. LIABILITY
16.1. Ghidini assumes no responsibility for any disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctioning or disservices of the internet network, in the event that it fails to execute, in whole or in part, the order on time provided for in the contract.
16.2. It is also specified that Ghidini does not control websites that are directly or indirectly linked to the Site. Ghidini's liability for the information published there is therefore excluded.

17. PERSONAL DATA
17.1. Ghidini undertakes to manage and process the personal data provided by the Customer in compliance with the current legislation on the processing of personal data as a separate information available in the useful links section of the site

18. ACCESS TO THE SITE
18.1. The Customer has the right to access the Site for consultation and making purchases. The integrity of the elements of this Site, whether visual or audio, and the related technology used remain the property of Ghidini and are protected by intellectual property rights.

19. APPLICABLE LAW – JURISDICTION
19.1. These Conditions are governed by Italian law.
19.2. This is without prejudice to the application to Customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right to withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
19.3. For any dispute relating or in any case connected to the contracts to which the present Conditions apply, the Court of the place of residence or domicile of the Customer is the exclusive competitor.
19.4. We also inform you that a European platform has been set up for the online resolution of consumer disputes (so-called ODR platform) which can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Customer can consult the list of Alternative Dispute Resolution bodies for the extrajudicial resolution of disputes (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), find the link to the website of each of them and start an online resolution procedure for the dispute in which it is involved.