SALES TERMS
a) The offer and sale of clothing and accessory products marked by the Giblor’s trademark on the website www.giblors.com are governed by the following General Terms and Conditions of Sales.
b) The products marked by the Giblor’s trademark, purchased on the website www.giblors.com are produced and sold by Giblor’s Srl, registered in the Modena Register of Business, Tax Code and VAT Number 02610340362, with registered offices in Carpi (MO), Via dei Trasporti 6 A/B.
c) Sales operations are subjected, in addition, to Legislative Decree 6th September 2005, nr. 206 (Consumer Code, Italian Law), pursuant to which:
I) ‘Online sales contract’ means a distance contract - i.e., the legal transaction having as its object movable assets and/or services entered between a professional, in this case Giblor’s Srl, and a consumer through the online service www.giblors.com, as part of a sales system organised by the professional, using exclusively distant communication technology called the Internet.
II) ‘Professional’ refers to the natural or legal person that acts in the course of their entrepreneurial or professional activity, i.e., an intermediary.
III) ‘Consumer’ means the adult natural person who acts for purposes unrelated to any business or professional activity carried out.
ART. 1 ACCEPTANCE OF THE SALES CONDITIONS
a) All contracts will be directly concluded through the access to the website corresponding to the web address www.giblors.com where the customer will be able to conclude the contract for the purchasing of the desired asset and/or product following the provided indications and procedures carefully.
b) These general sales conditions are an integral and essential part of the sale contract and, for this reason, they must be analysed online by the customer before the completion of the purchasing procedure. The submission of the order confirmation, therefore, implies the full knowledge of them and their full acceptance.
c) The general sales conditions may be updated or amended at any time by Giblor’s Srl, which will give notice thereof through the pages of the website. The customer undertakes to provide for their printing and preservation.
d) The customer, by submitting online the confirmation of their own purchasing order, accepts unconditionally and binds themselves to observe, in their relationship with Giblor’s Srl, the general sales conditions, including the payment terms described below, declaring that they have read and accept all the information provided.
e)Giblor’s Srl does not consider itself as bound by any different general terms and conditions unless previously agreed in writing.
ART. 2 SALES PRICES AND PURCHASING METHODS
a) All product prices displayed and indicated on the website www.giblors.com, for which constitute a public offer to the consumer in accordance with art. 1336 of Civil Code, are inclusive of VAT and of any other tax for sale within the boundaries of Italy.
b) The total shipping costs will be clearly indicated and displayed in the order summary before its completion.
c) The purchasing contract is concluded by the exact compilation and purchase approval expressed through the acceptance given ‘online’, except for the successful completion of the payment.
d) The Customer can pay for the ordered goods using the payment methos indicated ‘online’ during the purchasing process.
ART. 3 DELIVERY METHODS
a) Giblor’s Srl will entrust the selected and ordered products, finalising the delivery, to a trustworthy courier in order to dispatch them to the customer, to the indicated address.
b) Giblor’s Srl will make its best effort to process orders within 24/48 working hours, except for prior check of wares availability in stock, starting from the day after the one in which the consumer sent the order to the professional. Giblor’s Srl may not be held liable for late delivery or non-delivery due to force majeure or unforeseeable circumstances.
c) The customer is required to check, on receipt, that the product conformity corresponds to the original order; only thereafter, and unless they exercise their right of withdrawal as per paragraph nr.8, the customer must sign the delivery documents. By filling the registration form necessary to activate the execution of this contract and the related further notices, the consumer and/or customer authorises Giblor’s Srl to communicate their non-sensitive data (address, telephone number) to trustworthy couriers and/or forwarders instructed to deliver the purchased goods, in order to allow the necessary procedures for delivery.
ART. 4 PRODUCT AVAILABILITY
a) The customer can purchase the products listed in the online catalogue provided on the website www.giblors.com, in the necessary quantities. In the event that the purchased product, bought by the customer on the website www.giblors.com, is not in stock and no more available within the terms of art. 54, Legislative Decree 206/05, Giblor’s Srl undertakes (upon written notice pursuant to art. 54, Legislative Decree 206/05, clause II) to refund the corresponding amount of the supply payment via bank transfer, as soon as possible (and, in any case, within 30 days).
ART. 5 LIABILITY
a) Giblor’s Srl assumes no liability for disruption due to force majeure including, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, flooding or similar events which wholly or partly impede the completion of the contract within the agreed term.
b) Giblor’s Srl shall not be liable to any party or third parties concerning damage, losses or costs due to the non-completion of the contract for the above listed reasons; the consumer shall have the right to receive only the refund of the price paid.
c) Likewise, Giblor’s Srl is not responsible for the illicit and fraudulent use of credit cards, cheques and other payment methods by third parties during the purchasing process of products. Giblor’s Srl, in fact, does not have access to the customer’s credit card number at any time in the purchasing procedure, as the number is transmitted directly to the manager of the banking service.
ART. 6 GUARANTEES AND METHODS OF ASSISTANCE
a) Giblor’s Srl produces and sells clothing and accessory products marked by Giblor’s trademark, which have high-quality standards; however, if the ordered products should be faulty, the consumer is required to notify the fault in writing (by e-mail or fax) within 5 (five) days from the discovery.
b) To request the remedy of replacement, the consumer must make a special claim following the indicated procedure for the right of withdrawal and Giblor’s Srl, upon mandatory notice of the return code, will authorise the return of the product for inspection. The risks and transport costs are charged to the sender. No freight collect will be accepted. Where the alleged defect is confirmed, Giblor’s Srl will arrange to perform, in a reasonable time, the remedy agreed and credit the shipping costs incurred. Giblor’s Srl reserves the right to debit the customer possible charges paid to check the returned products and for their shipment, should they be intact and not presenting the lack of conformity declared by the customer.
c) To facilitate the above-mentioned operations, the customer must request for the product return number via e-mail or phone call from Giblor’s Srl (e-mail address info@giblorsshop.com - tel. 059/654602 - fax 059/654634).
ART. 7 CUSTOMER’S OBLIGATIONS
a) The customer agrees and undertakes, once the ‘online’ purchase procedure is concluded, to print and conserve these general conditions, which, moreover, they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, and in this order to fully satisfy the condition set for art. 52 and 53, Legislative Decree 205/06.
b) It’s strictly forbidden for minors to place orders ‘online’.
c) It is strictly forbidden for the customer to enter false, and/or invented, and/or fictitious data in the necessary registration procedure required for activating the process enabling the conclusion of this contract and the related further notices; the personal data, address, telephone number and e-mail address must be exclusively their own real personal information and not that of third parties, or fictious.
d) It is expressly prohibited to enter data of third parties. Giblor’s Srl reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
e) The Customer indemnifies Giblor’s Srl from any liability arising from the erroneous tax documents due to errors relating to the data provided by the customer, being the customer solely responsible for the correct entering.
ART. 8 RIGHT OF WITHDRAWAL AND COMPLAINTS
a) Pursuant to art. 64 of the Legislative Decree 206/05 the consumer can exercise the right of withdrawal and return the product received, in compliance with the terms and conditions below.
b) The consumer, who for any reason is not satisfied with the purchase made, is entitled to withdraw from the contract concluded, within fifteen (15) days from the date of invoice/ purchase in the manner described below:
– Notify by email info@giblorsshop.com of your request for cancellation of the order indicating the order number, the description of the items you wish to return.
– Ensure that the products to be returned have not been used, washed, damaged or otherwise modified in their characteristics.
c) If you have exercised the right of withdrawal, you must request the return number of the product by contacting Giblor’s Srl by e-mail or by telephone (e-mail address info@giblorsshop.com - tel. 059/654602 - fax 059/654634).
You will then have to return the product by direct return or shipment to:
Giblor’s Srl – Via dei Trasporti 6 a/b – 41012 Carpi (MO)
The shipping costs related to the return of the Products will be borne by the customer. The items must be returned and sent to Giblor’s Srl intact and in the same condition in which they were received, provided with original packaging and tags indicating the barcode and any other material that is part of the package.
d) In the event that all the conditions and obligations of the consumer provided for in the previous points have been met, Giblor’s Srl will refund the selling price of the purchased item by direct credit on the card used for payment, within 30 working days.
e) The consumer who wishes to make a change of size or color can place a new order.
f) In case of returns following errors by Giblor’s simply forward an e-mail to info@giblorsshop.com indicating the order number/invoice number/items you want to return and briefly exposing the request. Giblor’s will respond to the consumer as soon as possible by providing all the information necessary for the correct resolution of the problem.
ART. 9 PAYMENT METHODS AND SHIPPING COSTS
You can pay your order by credit card. All major credit cards are accepted. Payment may change depending on the delivery address of the goods.
Orders of less than € 25,00 (VAT included) will not be shipped.
Shipping costs are €8,50 (VAT included) all over Italy and free for orders over €100. Shipments are not possible outside Italy.
a) By filling in the appropriate space, on the website of the banking payment system, the consumer and/or customer authorizes Giblor’s Srl to use their credit card and to charge to their current account in favour of Giblor’s Srl the total amount shown as the cost of the purchase made "online". The payment procedure will take place via a secure connection directly connected to the relevant bank and operator of the online payment service which Giblor’s Srl cannot access.
b) If the consumer makes use of the right of withdrawal, as provided for in these contractual conditions, the amount to be refunded will be credited by bank transfer or on the credit card used for the purchase.
ART. 10 EXPRESS TERMINATION CLAUSE
a) Giblor’s reserves the right to dissolve the contract by simply informing the consumer and/or customer with adequate and justified reasons; in this case the customer will be entitled only to the refund of any amount already paid.
b) The obligations assumed by the customer pursuant to art. 7 of the present conditions (Customer’s obligations) as well as the guarantee of the positive ending of the payment that the customer carries out with the means of which to art. 2, have an essential character, so that by express agreement, the non-fulfilment by the customer of only one of those obligations will determine the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for judicial decision, without prejudice to the right for Giblor’s Srl to take legal action for compensation.
ART. 11 JURISDICTION
a) Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated online through www.giblors.com is subject to Italian law; the present general conditions are reported, for what is not expressly provided for therein, to the rules provided by the Civil Code, as well as to Legislative Decree 206/05;
b) For any dispute between the parties regarding the present contract the Court in whose district the consumer has its domicile or residence will have jurisdiction; for all other disputes the Court of Modena will have exclusive jurisdiction.
Contacts
- GIBLOR'S SRL
- Via dei Trasporti, 6A/B
Carpi 41012 MO
Italy - Telephone: +39.059.654.602
- fax: +39.059.654.634
- Email: ordini@giblorsshop.it
- Email: info@giblorsshop.it