Terms & Conditions
TERMS AND CONDITIONS
Updated on 3 August 2017
These general conditions of sale and use (hereinafter referred to as “Conditions”) govern the sale of goods on the website www.gazel.it (hereinafter referred to as the “Website”) and the conditions of use of the same by Customers.
The products offered on www.gazel.it are sold and billed by Gazèl S.r.l. (hereinafter referred to as “Gazèl”) with head office at Via Molin Nuovo 37, Udine, VAT registration number - fiscal code - company register no. 01448110930.
For any information on orders and conditions of sale the Gazèl customer service can be contacted by:
- email: email@example.com
- phone: +39 0432 482942 (from Mondays to Fridays, 9.00 am - 12.30 pm and 1.30 pm - 5.00 pm)
BROWSING THE WEBSITE
The Customers or users who make purchases or access the website accept and are bound by the general conditions of sale and use as they appear at the time of access to the website.
Customers or users who access the website must be over 16 (sixteen) years of age and must have the legal ability required to enter into contracts.
GENERAL CONDITIONS OF SALE
In accordance with the provisions of national and EU laws currently in force, the financial contract entered into by Gazèl and the Customer is governed by consumer protection laws exclusively in the case wherein the Customer purchases for personal reasons and which cannot therefore be referred in any way to his or her professional activity.
The contract between Gazèl and the Customer is understood to be formalised with acceptance, even if only partial, of the order by Gazèl. The order will therefore be considered as a contractual proposal by the user for purchase from Gazèl for the products listed, each one considered singly. On receipt of the order, a message confirming the same order (“Order Confirmation”) will be sent automatically by Gazèl. The Order Confirmation does not constitute acceptance of the purchase proposal. With the sending of the Order Confirmation, in fact, confirmation is only given by Gazèl of having received the order and of having subjected it to the process of data checking and availability of the products requested. The contract of sale will only be finalised at the time when Gazèl sends a separate email of acceptance of the purchase proposal which will also contain the information relating to despatch of the product (“Despatch Confirmation”).
In the case wherein, due to circumstances of force majeure, one or more products are not available after purchase by the Customer, Gazèl will give immediate notification thereof via email, proceeding with total or partial cancellation of the order. In the case of total cancellation, the Customer will be refunded the entire amount of the order, including possible shipping costs. In the case of partial cancellation, the Customer will be refunded solely the amount of the products not available.
Gazèl operates solely in Italy and in EC member countries.
PRICES OF PRODUCTS
Barring written indication to the contrary, all the prices indicated are inclusive of VAT and are expressed in Euros.
Gazèl reserves the right to make changes to the prices of its products at any time. The prices in force are always and only those indicated in detail in the automatic checkout procedure at the actual time when the Customer’s order is sent to Gazèl. Any shipping costs are notified beforehand to the Customer on the website, in the checkout procedure and through these Conditions.
Gazèl is not responsible for any taxes charged by other countries.
The products on sale on the website come with information (by way of a non-exhaustive example: type, name, colour, material and composition) and pictures whose purpose is to assist the Customer in evaluating the same products. The Customer is however aware and accepts that, although the photos reproduced and the descriptions are a true representation of the products on sale, they are provided by Gazèl purely for the purpose of information and have no contractual value. Therefore the products, although matching the descriptions supplied, might not be totally identical to those shown in the pictures (by way of example, the colour of the product could be slightly altered by displaying it on a screen).
Gazèl cannot be held responsible in any way for marginal non-conformities found in the articles delivered with respect to those shown at the time of formulation of the order.
PURCHASE OF PRODUCTS AND FORMALISATION OF ORDERS
Products must be purchased on the website by following the procedure indicated there, in which the Customer will be asked to enter and confirm some information.
Formulation of the order by the Customer implies acceptance of the features of the product and/or of the products he or she intends purchasing, as well as the total acceptance of what is laid down in these Conditions.
The order of products and consequent purchase is understood to be formalised and finalised at the time of receipt by Gazèl of payment. Proper receipt of the order for purchase is confirmed directly from the Web platform. This confirmation message will briefly summarise the details of the order entered by the Customer, so that the same can check them and if necessary notify Gazèl of the necessary corrections in good time.
PAYMENT FOR PRODUCTS
The Customer can choose from among the following payment methods:
- Credit card (MasterCard, Visa, Visa Electron and/or other similar cards).
In cases of purchase of goods with the credit card payment method, the transaction may take place via the PayPal secure server. Gazèl declares that it does not have access to and does not record sensitive data relating to the method of payment used by the Customer. This information will be sent via an encrypted connection and subsequently processed only by the organisation handling the transaction, for the purpose of management of payments and takings.
The purchase receipt will be delivered in hard copy form (delivery note) inside the package and via email at the time of despatch.
DESPATCH AND DELIVERY
Normally the orders received will be processed, prepared for despatch and assigned to the courier within 5 (five) days from receipt by Gazèl of payment.
Gazèl uses a trusted express courier for despatch. The cost of despatch in Italy is fixed at 5 € for total amounts below 100 €, while it is always free of charge for amounts above this threshold. The cost of despatch in EC member countries is fixed at 10 € for total amounts below 120 €, while it is always free of charge for amounts above this threshold.
The delivery times notified to the Customer correspond to 1-2 working days in Italy and 5-7 working days for EC member countries and reflect the information received from the express courier. Any delays or non-conformities to what has been notified are not the responsibility of Gazèl. At the time of despatch of the products the Customer will be sent an email of notice with the delivery note which is to accompany the goods.
In any case the terms indicated are not considered as essential terms by the parties.
Gazèl will not be responsible in the case of errors, delays or any damages caused to the Customer should the address notified at the time of the order be wrong or does not correspond to the delivery address required by the same Customer.
At the time of receipt of the goods the Customer must ascertain that the packs are intact and correspond to what is indicated in the waybill. Should discrepancies and/or non-conformities be noted, the Customer must note the same down immediately on the transport document. Otherwise it will no longer be possible to uphold rights on this matter.
In the case where, at the time of receipt of the products, the Customer realises that the packaging is ruined or that the products contained in its interior are not intact or again that the goods received do not correspond to what was ordered, he or she must report the problem to Gazèl, contacting customer service in the ways indicated in this document and within the compulsory term of 5 (five) working days after delivery of the goods.
Should the goods ordered be delivered outside of Italy and there are customs and import charges to be paid, due once the package reaches the destination specified, any additional cost of customs clearance will be charged to the Customer who will likewise be bound to observe, exonerating and releasing Gazèl of any responsibility, the legislation of the place where delivery is requested.
Within the limits admitted by law, Gazèl declines all responsibility in the case wherein the product delivered does not observe the legislation of the country of delivery other than Italy.
RETURNS AND REFUNDS
The Customer may withdraw from these Conditions and, therefore, from the purchase agreement within 14 (fourteen) working days from receipt of the products, without the need for justification and without any charge, pursuant to Art. 52 of Legislative Decree no. 206/2005 as amended by Legislative Decree no. 21/2014.
In order to exercise the right of withdrawal the Customer must send to Gazèl written notification to the customer service email address: firstname.lastname@example.org
In the case of withdrawal, the Customer may return the products to Gazèl without any additional expense. Indication of the procedure and times for withdrawal of the goods by the courier at the domicile of the Customer will be given via email by Gazèl subsequent to notification of the withdrawal. Delivery of the products to the courier by the Customer must not in any case exceed 14 (fourteen) working days as from the date of notification of withdrawal to Gazèl. If the return does not take place within this term, Gazèl will not accept the return of products and the withdrawal will become ineffective.
In order to be able to carry out the return, the products must be in the same conditions in which they were delivered originally to the Customer. They must therefore be intact, complete in all their parts (tags and labels, laces, buckles, buttons, fastenings, etc.), provided with the original packing/packaging, not used and without damage, signs of wear or soiling.
The risks linked to the transport for the return are to be borne by the Customer.
Refunding of the products returned will be subject to prior receipt of the goods by Gazèl and to checking that they are intact. In the case of correct return procedure, Gazèl will refund to the Customer the amount corresponding to the products returned, including possible shipping costs paid by the Customer at the purchase stage, in the case wherein the return involves the entire order, within 3 (three) working days from the time of receipt of the goods in its warehouse. The amount charged will be transferred to the same means of payment used by the Customer for the initial purchase, barring agreements otherwise.
In the case of an incorrect return procedure, and consequent forfeiture of the right of withdrawal, Gazèl will return to the sender the products which cannot be refunded, charging the Customer the shipping costs incurred.
The products sold online by Gazèl are covered by the legal warranty for defects of conformity of 2 (two) years starting from the delivery date, in line with current regulations on warranties for consumer goods. In order to be covered by the warranty, the Customer must keep the invoice or payment receipt, together with the transport document.
As provided for by legislation, the warranty for defects of conformity will only apply in the case wherein the defects found in the product are present at the start, and therefore not the result of negligence (for example failure to observe use and washing instructions present in the and/or with the product) or an improper use of the same product by the Customer.
In the case of non-conforming products, Gazèl can offer to repair or replace them. Where repair or replacement of the product is not possible, Gazèl may reduce appropriately the price paid or refund the entire amount paid with consequent termination of the contract.
In order to request information and assistance, exercise the right of withdrawal or notify of any problems (errors in delivery, mix-ups or delays in delivery, non-conformity of the products received, etc.) the Customer may contact the Gazèl customer service:
- in writing to the email address email@example.com
- by phone on number +39 0432 482942 Monday to Friday, at the following times: 9.00 am - 12.30 pm and 1.30 pm - 5.00 pm.
Gazèl is controller of the data bank which collects the personal data of its Customers. When a new Customer places an order, the aforesaid data bank is updated so as to allow, subsequently, the same Customer to be offered better service and make the assistance procedures provided easier.
The personal data collected will be processed by Gazèl for the sole purpose of meeting specific Customer requests, in accordance with Legislative Decree no. 196/2003 and the privacy information notice available on the website. Any further processing will be performed solely with express consent of the Customer.
AMENDMENT TO THE TERMS OF SALE AND USE
APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION
The sales contract as per these Conditions and the relative performance are governed by Italian law, with waiver of the conflict-of-law rules and of the United Nations Convention for the International Sale of Goods. For the resolving of relative disputes the court of the municipal area of residence of the Customer will have competent jurisdiction.