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Terms and Conditions
General Conditions of Sale
These GTC regulate the purchase via electronic means of the products present on the site www.gioiapen.com, managed and owned by Gioia Pen srl with registered office in Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples, P.I.: 09421901217
These GTC constitute an integral and essential part of the purchase contract of the products and the forwarding of the order implies their acceptance by the Customer.
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE (GTC)
1.1 – The contract stipulated between Gioia Pen and the Customer must be considered concluded with the acceptance, even partial, of the order by Gioia Pen. Such acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways provided, the Customer declares that he has read all the information provided to him during the purchase procedure, and that he fully accepts the general and payment conditions transcribed below.
1.2 – If the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure has been concluded, he will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of articles. 50 et seq. of Legislative Decree 206/05.
1.3 – The Customer is excluded from any right to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.
The purchase of products on the site is permitted only to those who are 18 years of age or older.
The buyer is strictly prohibited from entering false, third-party or fictitious data in the registration procedure necessary to activate the process for the execution of this contract. Gioia Pen reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
These General Conditions of Sale may be modified by Gioia Pen, without prior notice. Each contract will be governed by the General Conditions of Sale in force at the time the order is placed by the Customer.
PURCHASE METHOD
2.1 – The Customer can only purchase the products present in the electronic catalogue of the website www.gioiapen.com at the time the order is placed, as described in the relevant information sheets. It is understood that the image accompanying the description sheet of a product may not be perfectly representative of its characteristics but may differ in colour, size, accessory products shown in the figure. All purchase support information (Glossary, Purchase Guide, etc.) is to be understood as simple generic information material, not referable to the real characteristics of a single product.
2.2 – Correct receipt of the order is confirmed by Gioia Pen by means of an e-mail response, sent to the e-mail address communicated by the Customer. This confirmation message will report the Date and Time of execution of the order and an ‘Order Number, to be used in any further communication with Gioia Pen. The message will reiterate all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, using customer service.
2.3 – In the event of non-acceptance of the order, Gioia Pen guarantees timely communication to the Customer.
Gioia Pen reserves the right to change prices at any time, without prior notice. In the event that an incorrect and/or clearly derisory price is published, for any reason (system error, human error, etc.), the order will be cancelled, even in the event of initial validation.
If one of the requested products is not available, Gioia Pen undertakes to contact the Customer within 10 days of placing the order, communicating the unavailability and any alternative solutions via email. In this case, the Customer may wait for the delivery of the order, if Gioia Pen believes, at its sole discretion, to be able to find the unavailable product on the market, or cancel the order, obtaining a refund of any price already paid.
For certain products, subject to price promotions, Gioia Pen reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the order will be considered canceled.
The order is shipped only when all the requested products are available. Therefore, partial shipments are not made.
3. PAYMENT METHODS
3.1 – Gioia Pen reserves the right to request additional information from the Customer (e.g. landline telephone number) or the sending of a copy of documents proving ownership of the Card used. In the absence of the requested documentation, Gioia Pen reserves the right not to accept the order.
3.2 – At no time during the purchase procedure is Gioia Pen able to know the information relating to the buyer’s credit card, transmitted via a secure connection directly to the website of the banking institution that manages the transaction. Gioia Pen can store such data only upon explicit request and consent of the customer: in this case Gioia Pen guarantees that such data is stored according to certified security standards and that it is always displayed in a masked mode.
3.3 – Cash on delivery: in the case of purchases made by Cash on delivery, an additional charge will be applied to the total amount, clearly highlighted when choosing the payment method. Payment, to be made directly to the courier, will take place upon delivery of the products. It is possible to pay only in cash, it is not possible to pay with checks. This payment method is applicable only on Italian territory.
3.4 – Purchases via PayPal: in the case of purchases of goods with the PayPal payment method, at the same time as the conclusion of the online transaction, PayPal will immediately charge the amount relating to the purchase made.
3.5 – Customs charges are the responsibility of the buyer.
4. DELIVERY METHODS AND COSTS
4.1- For each order placed on the website www.gioiapen.com, an invoice is issued for the material shipped. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, it will not be possible to make any changes to it.
4.2- Delivery costs, if any, are the responsibility of the Customer and are clearly stated when placing the order. Nothing more is due from the Customer than the total order for the Italian territory. The amount will be calculated by the management system and represents only and exclusively the shipping cost. While for international shipments only, in addition to the amount that will be displayed at the time of purchase, a basic cost of € 10 (ten) is foreseen in addition to the costs of the documents as specified in the following point 4.6
4.3 – No responsibility can be attributed to Gioia Pen in the event of a delay in processing the order or in the delivery of the ordered goods.
4.4 – The delivery of the ordered goods is intended to be at street level unless:
– different communication from our customer service,
– as provided for in the product data sheet,
– the explicit purchase of delivery to the floor, where applicable.
Upon delivery of the goods by the courier, the Customer is required to check:
– that the number of packages delivered corresponds to that indicated in the accompanying invoice
– that the packaging is intact, not damaged, nor wet or in any way altered, even in the closing materials (adhesive tape or strapping).
Any damage to the packaging and/or the product or the discrepancy in the number of packages or indications must be immediately contested, by writing a WRITTEN RESERVATION OF CONTROL (specifying the reason for the reservation, e.g. “holed packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer will not be able to raise any objections regarding the external characteristics of the goods delivered.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, according to the methods set out in this document.
4.5 – In the event of failure to collect the material stored in the courier’s warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Customer when ordering, the goods ordered will be returned to the Gioia Pen warehouses.
Processing and Delivery Times
Order processing times
With “order processing times” we mean the period of time that passes from receipt of the order to delivery of the product to the courier. All orders for which payment confirmation is received on a working day by 5:00 pm will be entrusted to the courier within 1-3 working days thereafter, barring unforeseen circumstances. The information provided is however to be considered indicative and not binding for Gioia Pen
Courier delivery times
From the moment the product is entrusted to the courier, the delivery time inindicative is generally 1-2 working days following.
Our products are shipped via Express Courier.
Gioia Pen will not be responsible for failure or delay in delivery in the event that: (a) despite having regularly and promptly purchased the Products to cover the Order received, it has not been supplied in the terms and ways agreed with the supplier; (b) is unable to make up for the unavailability of such Products, due to circumstances beyond its control and (c) has promptly communicated to the Customer such unavailability of the Gioia Pen Products. In any case, where the Customer is a Consumer and the unavailability of the Gioia Pen Products, due to one of the circumstances indicated in the previous letters (a) and (b), does not allow for the delivery of the Gioia Pen Product within 30 (thirty) days from the forwarding of the Order by the Consumer, Gioia Pen will reimburse the Consumer for any advance payments of the price within 30 (thirty) days from the day following the day on which the Order was sent.
Gioia Pen will not be responsible for failure or delay in delivery due to causes of force majeure, such as – by way of example strikes, measures by the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, inundations and damage to industrial machinery not dependent on Gioia Pen. Gioia Pen will promptly notify the Customer of the occurrence and cessation of a cause of force majeure. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract. In the event of withdrawal pursuant to this Section 5.5, the Customer will not be entitled to any compensation or reimbursement of any kind, without prejudice to the right to a refund of any amount already paid as the price for the Gioia Pen Product subject to the Order, within 14 days of sending the Order itself.
4.6 If the goods ordered by Gioia Pen are to be delivered outside of Italy, you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be borne by the customer. We have no control over these costs and cannot predict their amount. Customs policies vary considerably from country to country and therefore we recommend contacting your local customs office for further information. Please also note that when placing orders on the site, the Customer is considered the importer and must therefore comply with all laws and regulations of the country in which the goods will be received. Privacy is important and our international customers and customers who ship abroad are aware that cross-border deliveries are subject to opening and inspection of the products by customs authorities.
5. RIGHT OF WITHDRAWAL
5.1 – Pursuant to articles. 64 et seq. of Legislative Decree 206/05 and subsequent amendments, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his/her professional activity, or does not make the purchase by indicating a VAT number in the order form), he/she has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
5.2 – To exercise this right, the customer, within 14 calendar days from the date of receipt of the goods, must contact Gioia Pen customer service at the following email address: info@gioiapen.com or send a communication by registered letter with return receipt, declaring that he/she wishes to exercise the right of withdrawal to:
Gioia Pen Customer Service c/0 Gioia Pen srl with registered office in Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples
info@gioiapen.com
Gioia Pen will communicate to the customer the instructions on how to return the goods, which must reach Gioia Pen within ten days of the communication.
Gioia Pen will also proceed, within 14 days of the return of the goods, to re-credit the amount after having verified the integrity of the goods and retaining only the amount of the shipping costs. The re-credit will be made by bank transfer; it will be the customer’s responsibility to promptly provide the bank details on which to obtain the refund (IBAN and holder of the current account). Alternatively, the Customer may request the refund by bank check.
The goods must be returned intact, complete with all their parts and in the original packaging (envelopes and packages), stored and possibly used with normal diligence, without any signs ofi wear or dirt.
5.3 – The right of withdrawal is however subject to the following conditions:
– the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g.: accessories, attached software, etc.);
– the right does not apply: (i) to products made to measure or clearly personalized.
– the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend placing it in a second box, on which to affix the label provided by Gioia Pen showing the RMA number (return authorization code); in all cases, the application of labels or adhesive tape directly on the original packaging of the product must be avoided;
– the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer;
– upon arrival in the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original wrapping are damaged, Gioia Pen will withhold a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
5.4 – The right of withdrawal lapses completely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Gioia Pen ascertains:
– the non-diligent use of the goods that has compromised their integrity, or the use of any consumable materials;
– the lack of the external packaging and/or the original internal packaging;
– the absence of integral elements of the product (accessories, cables, manuals, parts, …);
– damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the goods will remain at the Gioia Pen headquarters, available to the Customer for collection at his/her expense.
6. WARRANTIES
All products sold by Gioia Pen are covered by the manufacturer’s conventional warranty and the 24-month warranty for defects of conformity, pursuant to Legislative Decree 206/05. To benefit from warranty assistance, the Customer must keep the invoice.
6.1 – The 24-month warranty pursuant to Legislative Decree 206/05 applies to the product that presents a defect of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This warranty is reserved for the private Consumer (a natural person who purchases the goods for purposes not related to his/her professional activity, or makes the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, Gioia Pen will, at no cost to the Customer, restore the conformity of the product by repairing/replacing it or reducing the price, until the contract is terminated.
6.2 – In the event that, for any reason, it is unable to return to its customer a product under warranty (repaired or replaced), Gioia Pen may proceed at its own discretion to refund the amount paid taking into account the use of the product or to replace it with a product with equal or superior characteristics.
6.3 – The times for repairing or replacing the product depend exclusively on the manufacturer’s policies and no damages can be requested from Gioia Pen for any delays in carrying out repairs or replacements.
6.4 – In cases where the application of the guarantees requires the return of the product, the product must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend placing it in a second box; in all cases, avoid placing labels or adhesive tape directly on the original product packaging. The Customer will be provided with a product return authorization number (RMA) that must be indicated on the outside of the packaging, following the instructions provided directly in the relevant authorization email.
7.PRIVACY
7.1 – The personal data requested during the order process are collected and processed in order to satisfy the express requests of the Customer. Gioia Pen guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code pursuant to Legislative Decree no. 196 of 30.06.03. Full information on the site in the Privacy section.
Data controlleris Gioia Pen srl with registered office in Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples
Complaints:
Any complaints must be addressed to:
Gioia Pen Customer Service c/o Gioia Pen srl with registered office in Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples
info@gioiapen.com
7.2 Applicable law; Out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
The purchase contract concluded on the website www.gioiapen.com is governed by Italian law.
The application to users 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 is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place in which the user resides or has elected domicile shall have jurisdiction.
Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code is informed that, in the event that he/she has filed a complaint, following which it has not been possible to resolve the dispute thus arising, the user who qualifies as a consumer is also informed that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.
In any case, the consumer user’s right to bring the dispute arising from these General Conditions of Sale before the competent ordinary judge is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and costs, Euro 2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.