General Terms and Conditions of Use and Sale
These general terms and conditions of sale regulate the sale of products marketed by this.
All purchase contracts of products on the website of Gerhò Spa will be regulated by the following terms and conditions of sale.
Art. 1 – Scope of Application
For purchase and sales contracts stipulated online between Gerhò Spa (hereinafter referred to as supplier) and the customer via the website www.gerhoshop.com only the terms and conditions set out herein shall apply, including any future changes, and the rules of the Italian Civil Code, if and whenever the present agreement refers to it. In any case for the purchase and sales contracts all the provisions of the Civil Code related to Italian law shall apply.
The supplier does not acknowledge different terms and conditions proposed and respectively set by the customer, unless they have not been drafted and accepted explicitly and in written form before the conclusion of the single purchase and sales contract, for which they become effective.
The supplier reserves the right to change the present terms and conditions, in full or in part. The current text of the contractual terms and conditions will be published on the website www.gerhoshop.com. The new text shall automatically have effect 30 days after its publication. Any change in the contractual terms and conditions will be signaled by a notice displayed for 60 days on the access page of the website.
If the customer does not accept the changes or does not agree with the amended terms and conditions, respectively, he may terminate it with no charge and valid retroactively to the date the new provisions became effective.
For the orders made after the entry into force of the new text, the new contractual terms and conditions shall exclusively be applied as modified.
At www.gerhoshop.com the current version of the terms and conditions is always visible and/or downloadable.
Art. 2 – Sales Contract via the Internet
The order placed by the customer through the website www.gerhoshop.com is a contractual proposal addressed to the supplier. Before being shipped, the entire content of the order is displayed on the screen of the customer, indicating a detailed list of the ordered goods (quantity, unit price, given discount) and total price.
If the customer confirms the order by clicking on the "Buy" button, he shall receive an email confirming that the supplier has received the order. This email contains a summarized description of the ordered goods, the quantity and the price applied, as well as any shipping costs and payment terms. The customer is required to check the individual items of the order and can point out errors via email, fax or, during business hours, also via phone.
The contract between the supplier and customer is deemed as finalized, when the client receives the above email confirmation.
When ordering goods that are temporarily unavailable, the customer can receive the above mentioned ordered goods at a later time with a subsequent shipment.
The supplier, in case of ordered goods and exceptionally not available for shipment, is entitled to withdraw from the contract, committing to directly communicate this as soon as possible to the customer.
The customer is obliged to check the delivery as soon as it arrives at the destination.
Art. 3 - Username and Password
The access to the order area – online is possible through a personal account, composed of a user code and a secret password. The user code and the secret code will be communicated to the customer via email.
The customer is the sole owner of his personal account, the user code and the secret password are confidential and shall not be made available or handed over to third parties. The customer is solely responsible for the storage and the use of the account.
The customer is responsible for every order placed with his account, even if this was done without his consent. The supplier is not responsible for the use of the account by any third party, expect if it is caused by the suppliers fault.
The creation of an account and its deletion are free of charge. The customer at any time can request, in written form or also via email, the deletion of his account. The deletion will be made within 8 (eight) days from the confirmation of the deletion request.
Art. 4 – Prices
Our prices are shown both including and excluding VAT and do not include shipping costs that are paid by the customer. The price is the one charged at the time of the order as indicated in the electronic catalogue except typographical errors. It is not possible to order goods at a price different than the one in force on the day of the order. Gerhò Spa reserves the right to change prices without any further notice.
Art. 5 - Right of Ownership
The delivered goods remain of property of the seller until full compliance with all the terms agreed between seller and customer and until full payment.
Art. 6 - Delivery of Goods
The goods are shipped to the customer at the address indicated for every single order.
The claim by the customer of a mandatory or essential delivery date is not accepted by the supplier and is in any case non-binding. The delivery of the goods is carried out as quickly as possible and within 30 days after the order confirmation. The supplier is not responsible for the delay, if certain terms of delivery have been agreed upon. In any case the supplier shall communicate any delays of the ordered goods to the customers, if the delay exceeds the limits of reasonable tolerance.
The total amount due for the order, for the shipping and any additional fees invoiced shall be paid by the customer with the payment methods set out at the time of its registration.
The supplier does not accept orders with penalty clauses In any case, if in such an order a penalty clause for the event of late delivery is added by the customer, the clause is to be considered as void, even if it was accepted and confirmed by the supplier.
In case of unpaid invoices, the supplier has the right to terminate this agreement, the single purchase agreement or any part thereof, or to suspend its execution or to delay it.
If the supplier without any fault is unable to fulfill the customer's order, then he is entitled to withdraw from the contract. In such a case, the supplier informs the customer as soon as possible that a part of or all goods cannot be delivered.
If it is impossible to deliver the order to the indicated address, the supplier assumes no responsibility.
Likewise the supplier is not responsible, if due to the non-acceptance by the customer and/or the inability to deliver, the goods are lost.
The supplier assumes no responsibility for the loss of goods during the shipping.
If the customer envisions that there are damages caused by the transport or that goods have been removed from the damaged package, he must refuse the delivery. In any case, the customer must promptly give written notice to our company and keep the packaging.
Art. 7 – Right of Withdrawal
The customer has the right to terminate the contract, without giving any reason, within 14 days. The withdrawal period will expire after 14 days from the day when the customer or a third party other than the carrier and indicated by the customer, acquires physical possession of the goods.
In order to exercise the right of withdrawal, the customer must inform us of his decision to withdraw from this contract through the template withdrawal form as of Art. 10 of these terms and conditions. This form shall be completed and submitted electronically to firstname.lastname@example.org. In that case, we shall immediately send a receipt confirmation of the withdrawal by email.
In order to comply with the withdrawal deadline, it is sufficient that the customer sends the communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Art. 8 – Effects of Withdrawal
If the customer withdraws from this contract, we shall refund all payments received in our favor, including the cost of delivery (except for the additional costs deriving from the choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any case no later than 14 days from the day when we are informed about the decision to withdraw from this contract. These refunds will be processed using the same methods of payment used by the customer for the initial transaction, unless the customer has expressly agreed otherwise; in any case, the customer will not incur any fees as a result of such refund. Refunds may be suspended until receipt of the goods or until the proof was given by the customer of having sent back the goods, whichever comes first.
He shall send back the goods or hand them over to us at "Gerhò Spa, via Enzenberg n. 24, 39018 Terlano (BZ), fraz. Settequerce, Italy" without unnecessary delays and in any case within 14 days from the day on which you communicate your withdrawal from this contract. The deadline is met, if the customer sends back the goods before the expiration of the 14 day period.
Art. 9 – Template Withdrawal Form – pursuant to art. 49, paragraph 1, lett. h) –
(complete and return this form only if you wish to withdraw from the contract)
- Addressee [the name, the geographical address and, where available, the telephone number, fax number and email addresses must be inserted by the professional]:
- I / we hereby give notice to withdraw from my / our contract of sale of the following goods / services
- Ordered on the ___________ received on the _____________
- Name(s) of the customer(s)
- Address(ess) of the customer(s)
Art. 10 – Liability
For the purchased goods the guaranties of the respective manufacturers are valid. The technical support as well as the terms of warranty is taken over by the manufacturers, who repair the goods in one of their points of service. The legal representatives and the employees of the seller assume no liability towards the customer, expect in cases of serious intentionality or negligence.
Art. 11 – Warranty
Products purchased through Gerhò Spa online shop are subject to the regulation, as applicable, pursuant to the Legislative Decree 2.2.2002 n. 24 (G.U. n. 57, 8.3.2002) regarding sales contracts and warranties for consumer goods and, for matters not dealt within it, the specific provisions set out in the Italian Civil Code. This warranty shall be applied to products that present lack of conformity and / or malfunctions not evident at the time of the purchase, provided that the product is used properly and with due diligence and in accordance to its intended use and in accordance to the eventually provided technical documentation, complying with the various operating norms therein. This warranty is not applicable in case of negligence and carelessness in the use and maintenance of the product, the connection of the purchases to electrical systems or any other type of connections, which is not compliant to standards.
Art. 12 – Miscellaneous
We reserve the right regarding the presence of possible errors, missing technical specifications or spelling errors.
Art. 13 – Term of the Agreement
The term of this agreement is indefinite. Both parties may, at any time, terminate it by written notice via email. If the customer withdraws from the agreement, his account is deleted within 8 (eight) days from the confirmation of the withdrawal. All orders are valid until the actual deletion of the account and are still subject to the terms and conditions of this agreement.
If the customer is late with payments of an invoice, the supplier has the right to terminate his access to the online ordering system.
Art. 14 – Validity of the Agreement
Should any individual provision or article of this agreement be partially or totally invalid, ineffective or void, namely not applicable towards the customer, it shall not prevent the validity of all the remaining provisions of this agreement.
Art. 15 - Antivirus Protection and Privacy
The supplier uses an antivirus software that protects both the online website and the communication via email, and thus fulfills at the utmost care, reducing the chance of a potential infection. The supplier does not provide any guarantee that the website and the email sent by him are free of viruses.
In application of what is provided according to the discipline dictated by the Legislative Decree no. 196/2003 (s.c. Italian Privacy Code) the following information is provided about the processing of personal data collected by the company Gerhò Spa related to the supply of requested services:
a) the data provided by the customer is used only after prior consent for the following purposes: to send commercial information, also on future business initiatives and announcements of new products, services and offers, for direct sales, for the management and the safeguard of credits in favor of the company Gerhò Spa.
b) The Code grants to the interested party the right:
1) to obtain from the owner the confirmation of the existence of its personal data and the receipt of it, even if they are not yet stored, as well as the receipt of the data in intelligible form. The interested party can also request information on the origin of the data, the purposes and the methods of processing of it;
2) to request the immediate and irreversible deletion of data illegally collected and processed, or their transformation into an anonymous form or the blocking of such data;
3) to obtain the immediate update, correction or integration;
4) to obtain the immediate confirmation that the activities under 1), 2), 3), as well as their content, were also available to third parties, which are acquainted with such data, if such communication is impossible or disproportionately burdensome, but always taking the nature of the protected right into account.
c) The full information on the processing of the personal data of customers is always available and downloadable on the supplier's website at the address www.gerhoshop.com.
The supplier declares that the data collected is not delivered to third parties, especially not for advertising purposes, except the prior consent of the customer. The data is eventually provided to the specific individual product manufacturer of the goods ordered, in order to activate product warranties.
Art. 16 - Applicable Law and Election of Jurisdiction
For all legal matters not regulated herein, the rules of the Italian Civil Code and of provisions contained in relevant special laws shall apply.
This agreement is subject to Italian Law.
All disputes concerning the application, the execution, the interpretation and violation of this contract or of the single purchase and sale contracts concluded online through the website www.gerhoshop.com is subject to Italian Law and shall be settled exclusively by the Court of Bolzano (Italy).
Pursuant to the art. 1341 and following of the Italian Civil Code, the customer declares to have carefully read the content of the clauses art. 1 (Scope of Application), art. 2 (Sales Contract via the Internet), art. 3 (Username and Password), art. 6 (Delivery of Goods), art. 7 (Right of Withdrawal), art. 11 (Warranty), art. 13 (Term of the Agreement), art. 14 (Validity of the Agreement) and art. 16 (Applicable Law and Election of Jurisdiction) of this agreement and to provide explicit consent.