Condizioni di vendita
Art. 1 – Definitions
Officine Gullo S.r.l. located at Via della Torricella, 29 – 50012, Bagno a Ripoli – Florence (hereinafter also referred to as “Officine Gullo”). In these general conditions (hereinafter also referred to simply as “Conditions”), the terms used, indicated with an uppercase or lowercase initial letter and/or in singular or plural form, have the following meanings:
“Officine Gullo”: the company Officine Gullo S.r.l., with registered office at Via della Torricella, 29 – 50012 – Bagno a Ripoli (FI), which produces and markets the products offered through the website www.officinegullo.com;
“MM Operations”: the company MM Operations S.r.l., with registered office at Strada Della Repubblica, 66 – 43121 – Parma, which manages the online sales service of the products on behalf of Officine Gullo through the website www.officinegullo.com;
“Service”: the online sales service of the products offered through the website www.officinegullo.com, consisting of the reservation, purchase, and subsequent shipment of the Products;
“Site”: the website www.officinegullo.com;
“Products”: the goods available for consultation and purchase in the e-commerce section of the Site;
“User”: the adult individual who uses the Service;
“Order”: the Products selected by the User and the related collection methods, as indicated in the confirmation and summary communication.
Art. 2 – Premises
These Conditions, along with the documentation present on the Site – such as, for example and without limitation, the privacy policy – govern the Service offered to the User through the Site by MM Operations on behalf of Officine Gullo.
Before using the Service and concluding an Order, the User agrees to read these Conditions in their entirety and to print and keep them on a durable medium.
These General Conditions apply to all Reservations made by Users through the Site and may be modified at any time by Officine Gullo.
Officine Gullo reserves the right to unilaterally modify these Conditions without prior notice to Users. Such modifications will take effect from the moment of their publication on the Site and will apply to Orders completed after the publication date of the aforementioned modifications.
Art. 3 – Subject of the Conditions
The Service allows Users, upon completion of a specific electronic form available on the payment page and payment of the required amount, to purchase the Products available on the Site, with subsequent delivery to the shipping address indicated by the User at the time of purchase, in compliance with these Conditions, the documents referred to herein, and the applicable laws in force from time to time.
The Service is available to Users located both within the European Union and outside of it, except for the territory of the United States.
The User is required to verify the accuracy of the information and contents of the Order before proceeding with its submission. The completion of the purchase order and subsequent submission (by clicking the “place order” button) imply full knowledge and express acceptance of these Conditions and everything indicated in the Order.
The Order submitted by the User in accordance with these General Conditions is deemed concluded upon receipt of the correct payment by MM Operations.
Art. 4 – Photos and Products
The graphic representations, photos, drawings, images, and colors present on the Site in the respective Product sheets are merely representative of the Products and are purely indicative.
Officine Gullo and MM Operations shall not be responsible for any discrepancy between the actual Product and the graphic representations, photos, drawings, images, and colors of the Products shown on the Site, as these should be considered indicative and exemplary.
Products are available for purchase until stocks last; in the event of unavailability and/or exhaustion of one or more Products, Officine Gullo is committed to promptly notifying Users within the respective Product sheets.
In any case, Officine Gullo reserves the right to change the type and/or availability and/or characteristics of the Products present on the Site at any time.
Art. 5 – Prices and Promotions
All prices of the Products, as indicated on the Site, are expressed in euros and are considered exclusive of VAT and any other tax.
The prices of the Products that are the subject of the Order and any applicable promotions are those indicated on the Site at the time of the conclusion of the Order itself.
The costs indicated in the Order Summary include the applicable VAT based on current legislation, shipping costs, and any taxes and/or customs duties for shipments to non-European Union countries.
Art. 6 – Payment
The payment methods are exclusively those indicated on the Site at the time of the conclusion of the Order; no other payment forms will be accepted.
For specific details related to individual payment channels, Users are invited to review the conditions applicable to the service by the payment provider.
Issuance of the invoice is not mandatory and can be requested by the User as indicated by the D.P.R. of 26/10/1972 n. 633 – art. 22.
Art. 7 – Order Confirmation and Delivery
Upon submission of the Order through the Site, the User will receive an email confirmation of the Order placed, which will indicate the order number, summary of the entered data, summary of the purchased products, their prices, and the total amount of the Order.
MM Operations – on behalf of Officine Gullo – commits to fulfilling Orders without delay; in any case, MM Operations will process Orders received within 15 working days from the date of receipt of payment by the User. Once the payment to MM Operations has been successfully completed, it will send a copy of the purchase receipt of the Products to the email address indicated by the User in the Order within 48 hours.
Shipments will be made within a maximum of 30 (thirty) days from the date of receipt of payment. Delivery times and methods may vary depending on the third party handling the shipment on behalf of MM Operations and the destination country of the Products; for detailed information on this, Users are invited to consult the “Shipping Times” section.
If during the fulfillment of the Order one or more of the Products subject to the Order becomes unavailable, MM Operations will promptly notify the User through the contact details indicated in the Order summary. In this case, the User is entitled to request the cancellation of the Order related to the unavailable Product and may request a refund of the amount due concerning it, including any delivery costs and/or additional costs incurred.
The User is required to verify the conformity of what has been received – merely as an example, the number of packages delivered, the integrity of the packaging, any signs of tampering with the packaging – and to promptly notify the courier, according to the methods provided by the shipping provider.
MM Operations – on behalf of Officine Gullo – reserves the right to refuse or cancel Orders that come from:
- Users with whom Officine Gullo and/or MM Operations have pending legal disputes;
- Users who have previously violated these Conditions;
- Users who have provided false identification data and/or used for fraudulent purposes.
Art. 8 – Liability
Officine Gullo and MM Operations decline all responsibility for direct or indirect damages of any nature or in any form arising from the use of the Site and/or the news, photos, and information contained therein.
Officine Gullo and MM Operations shall also not be held liable for damages, losses, and costs incurred by the User resulting from the failure or partial execution of the product purchase contract for reasons not attributable to them.
Without prejudice to mandatory legal obligations, Officine Gullo and MM Operations shall not be liable in the event of force majeure and/or unforeseen circumstances.
The User is solely responsible for the truthfulness and accuracy of the data and information provided at the time of sending the Order, expressly releasing Officine Gullo and MM Operations from any liability in this regard.
Art. 9 – Legal Warranty
Without prejudice to the additional terms provided for by Legislative Decree No. 206/2005 and subsequent amendments, the Products sold through the Site are covered by the legal warranty of conformity provided for by applicable law, in particular for 24 (twenty-four) months following the delivery of the Products.
Any conformity defect must be reported by the User, under penalty of forfeiture of the warranty, within 2 (two) months from the date it was discovered.
The warranty does not cover any malfunctions caused by accidental events and/or by the use of the Products not in accordance with the technical documentation of the Product itself. To benefit from the legal warranty, the User must provide proof of purchase and delivery of the Product.
In the case of a duly reported conformity defect within the specified time, the User has the right to request free repair or replacement of the Product, unless the requested remedy is objectively impossible or excessively burdensome compared to the alternative. The request can be sent to MM Operations through the form available at shop.officinegullo.com/en/contacts.
A requested remedy is considered “excessively burdensome” if it imposes unreasonable costs on MM Operations compared to the alternative remedies available, taking into account (a) the value the Product would have if there were no conformity defect; (b) the extent of the conformity defect; (c) the possibility of obtaining the alternative remedy without significant inconvenience to the User.
Art. 10 – Communications
It is possible to request information, send communications, and/or submit complaints by contacting Officine Gullo.
For any commercial information, a form is available at shop.officinegullo.com/en/contacts; this service, provided by Officine Gullo, is active Monday to Friday, from 9 AM to 1 PM and from 2 PM to 6 PM.
The User acknowledges, accepts, and consents to the fact that all communications, notifications, confirmations, information, reports, and any documentation related to the Service will be sent to the email address and/or fixed and/or mobile number indicated at the time of filling out the Order form.
Art. 11 – Right of Withdrawal
The User, where qualifying as a consumer, has the right to withdraw from the contract concluded under these Conditions, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the products by sending a specific request through the online form available at shop.officinegullo.com/en/contacts.
The Products must be returned in their entirety, within the original packaging, including any integral elements – by way of example and not exhaustive, labels and/or tags – as well as related accessories.
The only costs due by the User for exercising the right of withdrawal are the direct costs of returning the Products to MM Operations, including any customs duties.
If the withdrawal has been exercised in accordance with the described methods, MM Operations – on behalf of Officine Gullo – will refund the amount paid by the User for the purchase of the product within 14 days from the date of physical receipt of the returned Products. It is understood that only the price paid for the purchase of the product will be refunded to the User.
Notwithstanding the above, the right of withdrawal is excluded in the cases provided for by Legislative Decree No. 206/2005 and subsequent amendments, with particular reference to what is indicated in Article 59 of the aforementioned decree.
Art. 12 – Personal Data Processing
MM Operations and Officine Gullo process the personal data of the User in compliance with applicable regulations, with particular reference to the provisions of Regulation (EU) No. 2016/679, as detailed in the privacy policy in the “Privacy” section of the Site.
Art. 13 – Applicable Law and Jurisdiction
Without prejudice to specific legal obligations, these Conditions are governed by Italian law. Consequently, disputes concerning the interpretation, execution, and resolution of the product purchase contract established under these Conditions are subject exclusively to Italian law and must be resolved exclusively by the Italian judicial authority.
In particular, where the User qualifies as a consumer, any disputes must be resolved by the court of the User’s place of domicile or residence according to the applicable law, without prejudice to the application of any extrajudicial dispute resolution mechanisms where provided and governed by mandatory laws in force from time to time.
For Users qualifying as consumers and residing in EU member states, resolution of disputes related to purchases made in accordance with these Conditions can avail of the Online Dispute Resolution procedure provided by the European Commission, reachable at the following link: https://ec.europa.eu/consumers/odr/.
Art. 14 – Final Provisions
For matters not expressly regulated by these General Conditions, reference is made to the applicable law in force from time to time.
If any of the clauses of these General Conditions should be declared invalid, illegal, or ineffective by the competent judicial authority, the remaining conditions shall continue to be effective.
The failure or delayed exercise by a Party of any rights, powers, or authorities granted to it under these General Conditions will operate as a limited waiver to the single case, and will not prevent the subsequent exercise of the same.
