GENERAL TERMS AND CONDITIONS OF ONLINE SALE

 

1. INTRODUCTION

1.1. These general terms and conditions of sale apply to all purchases of Giadero branded products, owned by Eversa Srl, made through the giadero.com e-commerce site by users classified as "consumers" under Article 2, meaning individuals acting for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity, if any.

1.2. The site is owned by Eversa Srl, an Italian company with registered office in Viale Trieste 29 c - 36100, Vicenza (VI), Italy, VAT and registration number 04490790245.

1.3. Eversa Srl is responsible for sales, payment management, refunds, and invoicing of the products offered through the site. Purchases of Products made through the site will have Eversa Srl as the seller (the "Seller") and the consumer buyer who proceeds to purchase one or more products for purposes not related to their commercial, entrepreneurial, artisanal, or professional activity, as the parties (collectively referred to as the "Parties").

1.4. Eversa Srl retains ownership of all rights to the domain name of the site, as well as copyright related to the site and its content.

1.5. Any communication from the Consumer relating to the purchase of Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, exercising the right of withdrawal, etc. - must be sent to the Seller (Eversa Srl) at the address and in the manner indicated on the site or via the addresses specified in the articles relating to the individual consumer rights in these terms.

1.6. Each purchase is subject to these general terms and conditions of sale in the version published on the site at the time the consumer's order is transmitted.

1.7. The site is intended for use exclusively by consumers. Non-consumers may not purchase products on the site under any circumstances. The Seller reserves the right to reject orders that, at its sole discretion, it deems to have been placed by non-consumers.

1.8. Should one or more sales be made to a non-qualified Consumer, these general terms and conditions of sale will apply, but with the following exceptions:

• a) the buyer will not have the right to withdraw under Article 10;
• b) the buyer will not be entitled to product warranties listed in Article 8 or any other legal warranty;
• c) the buyer will not be entitled to any other consumer guarantees provided by law.

 

2. DEFINITIONS

2.1. E-commerce contract: a sales or services contract under which the Seller, or its intermediary, offers goods or services via a website or other electronic means, and the Buyer (consumer) orders such goods or services on that website or through other electronic means organized by the Seller.

2.2. Sales contract: any contract under which the Seller transfers, or agrees to transfer, ownership of goods to the Buyer, and the latter pays, or agrees to pay, the price.

2.3. Service contract: any contract, other than a sales contract, under which the Seller provides, or agrees to provide, a service to the Buyer, and the latter pays, or agrees to pay, the price.

2.4. Consumer Code: the reference regulation for consumer protection, established by Legislative Decree of September 6, 2005, no. 206, as last amended (hereinafter referred to as the "Consumer Code").

2.5. Buyer: the consumer, or user, an individual who acts for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity (art. 3, letter a, Consumer Code).

2.6. Seller: the individual or legal entity that acts in the exercise of its entrepreneurial, commercial, artisanal, or professional activity, or its intermediary (art. 3, letter c, Consumer Code).

2.7. Manufacturer: the manufacturer of the finished product or one of its components (art. 115, paragraph 2-bis, Consumer Code).

2.8. Conformity to the Contract: all those goods that meet the following conditions:

• i) they are suitable for the use to which goods of the same type are normally put;
• ii) they conform to the description and possess the qualities of the item presented as a sample or model;
• iii) they present the usual qualities and performance of goods of the same type, which the Buyer can reasonably expect, considering the nature of the good and any public statements made by the Seller or Manufacturer.

2.9. Defective goods: a good is considered defective when it does not offer the safety one can legitimately expect, taking into account all circumstances, including:

• a) the way the good was put into circulation, its presentation, obvious characteristics, instructions, and warnings provided;
• b) the use to which the good can reasonably be put;
• c) the time when the good was put into circulation.

3. SALE OF PROMOTED GOODS ONLINE ONLINE

3.1 With the Contract, the Seller sells to the Buyer, who purchases through electronic means, the goods offered on the Site.

3.2 The giadero.com site displays the catalog of goods and/or services promoted online by the Seller. These goods are accurately represented on the Site.

3.3 The Seller cannot guarantee a precise match between the actual consistency of the goods promoted online and their representation on the Buyer's monitor. In case of discrepancies between the online image of the goods and the related information sheet, the written description will prevail.

4. ONLINE CATALOG UPDATE - PRODUCT AVAILABILITY

4.1 The Seller ensures, through its IT system, the timely processing and fulfillment of orders according to the procedures set out in Article 5 of these General Terms and Conditions of Online Sale. The Seller's electronic catalog indicates in real-time the goods available, those unavailable, and the expected shipping times. The Seller promptly confirms the registration of the order by sending the Buyer the specific confirmation (so-called Order Receipt) via email.

4.2 If an order exceeds stock availability or is otherwise unavailable, the Seller will promptly notify the Buyer of the unavailability of the product and, if possible, the expected waiting time, requesting confirmation of the order according to the different timelines indicated by the Seller. This communication will be sent via email or phone.

5. DESCRIPTION OF THE TECHNICAL STEPS NECESSARY TO COMPLETE THE CONTRACT

5.1 The Contract between the Seller and the Buyer will be concluded exclusively online. Upon accessing the e-Shop, the Buyer must follow the procedures/instructions provided to formalize the purchase of goods and/or services by completing the formats provided by the Seller. If intending to purchase online, the Buyer must properly select the desired goods and/or services, one by one, adding them to the cart configured by the Seller. After selecting the desired goods and/or services, the Buyer will be asked to close their cart by submitting the list of desired references to the Seller. Before submitting, a sheet will be displayed to confirm the purchase order of the selected goods and/or services, indicating the related prices and the options available to the Buyer, who will choose the delivery, transport, and payment methods for contract execution. By confirming the order, the Buyer undertakes to check and validate, before sending, their personal data, the goods/services covered by the Contract, their prices, including any shipping and/or additional charges, confirming the chosen payment methods, the delivery address, and any other required information. The order confirmation format will inform the Buyer of the execution times of the Contract, highlighting the right of withdrawal and other rights granted by law. After checking the requested data, the Buyer will select the interactive button at the bottom of the web page, clicking on the "Confirm Purchase Order with Payment Obligation" box, thus submitting the order to the Seller.

5.2 The online publication of goods and/or services on the Site constitutes a mere invitation to offer, allowing the Buyer to submit a purchase proposal; in this sense, the Buyer's order, confirmed in advance, constitutes a mere contractual proposal, subject to these General Terms and Conditions of Online Sale, which the Buyer declares to know and accept. The Seller will acknowledge receipt of the order - properly completed and verified - by sending the receipt to the Buyer's email address, solely to confirm its receipt in the Seller's IT system. The Seller will then begin processing the order by verifying the information provided by the Buyer and the availability of the requested items. The Seller's receipt does not constitute acceptance of the purchase proposal. This receipt, with an attached "Order Number" to be used in all communications with the Seller, includes all the above information, which the Buyer must recheck, promptly informing the Seller of any necessary corrections. If incorrect prices or other characteristics of the goods and/or services promoted online are found, such as the unavailability of the requested items, the Seller will promptly inform the Buyer, inviting them to revise the order or submit a new one, if still interested, in accordance with the procedures promptly communicated.

5.3 The Seller reserves the right to accept or reject the Buyer's order without the Buyer being entitled to any rights or claims, for any reason, including compensation, for the failure to accept the order. The Contract will only be concluded when a separate email (or message in the communication center on the Site or equivalent) accepting the purchase proposal is sent, containing information about the shipment and the expected delivery date (Shipping Confirmation). If the order is fulfilled in multiple shipments, the Buyer may receive separate Shipping Confirmations. The Buyer may still cancel their order before receiving the Shipping Confirmation, provided the order has not been prepared for the shipping process. In this case, no charges will apply. The right of withdrawal is still guaranteed under the terms and conditions of Article 10 below.

5.4 The charge for the purchase will only occur when the goods ordered are shipped. Once the payment for the requested goods/services is received, the Seller will issue the related tax document.

5.5 The Contract will not be concluded and will have no effect if the procedure outlined in this article is not followed.

5.6 For any error, typo, or issue in filling out the online formats and, more generally, in executing the purchase procedures provided by the Seller, the Buyer is invited to promptly contact the following email: info@giadero.com.

6. PAYMENT OF PRICE, TAXES, AND ANY ADDITIONAL CHARGES

6.1 The Buyer agrees to pay the requested price for the goods purchased online within the times and methods indicated on the Site.

6.2 The prices of goods promoted on the Site, as well as any other related charges, are expressed in Euros.

6.3 Prices include VAT and all other taxes. Shipping costs, as well as any additional charges, such as customs clearance, if applicable, are not included in the sale price.

7. PAYMENT METHODS, TIMING, SECURITY, AND POSSIBLE REFUNDS

7.1 Payment for goods/services purchased online will be made using the method chosen by the Buyer from those expressly allowed by the Seller and detailed on the giadero.com Site. The use of these payment methods does not entail any additional cost to the Buyer, except for any costs borne by the Seller, which will be promptly proven and communicated to the Buyer.

7.2 Any refund to the Buyer will be credited through one of the methods proposed by the Seller and chosen by the Buyer, and, in case of withdrawal, within a maximum of 30 days from when the Seller has received the returned goods at the destination address.

7.3 All payment-related communications occur over a dedicated encrypted line, ensuring the secure storage of such information in compliance with current personal data protection legislation.

8. DELIVERY METHODS AND TIMES

8.1 The Seller will deliver the ordered goods without undue delay, no later than 30 days from the Contract's conclusion, using the methods indicated on the website or, alternatively, chosen by the Buyer.

8.2 If the Seller is unable to ship within the time frame specified in the previous paragraph, they will promptly notify the Buyer via email or phone, using the contact details provided during the online registration and order submission by the Buyer.

9. DOCUMENT STORAGE AND ARCHIVING METHODS

9.1 Under Article 12 of Legislative Decree 70/2003, as well as Articles 50-51 of the Consumer Code, the Buyer is informed that every order they submit online will be stored and archived in digital and/or paper format by the Seller, following appropriate confidentiality and security criteria. For copies or other requests, the Buyer is invited to contact the Seller at info@giadero.com.

10. TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL

10.1 The Buyer has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 calendar days from the day the Buyer acquired physical possession of the goods.

10.2 The right of withdrawal is exercised by communicating to the Seller via email at info@giadero.com.

10.3 The Buyer must return the goods without delay, and in any case, within 14 days from the purchase date. The Buyer is responsible for the direct costs of returning the goods to the Seller. Care must be taken in shipping, using the original packaging and materials, or equivalent, that preserve the integrity of the goods during transportation. The goods must be returned to the following address: Eversa Srl, Viale Trieste 29 c - 36100, Vicenza (VI), Italy.

10.4 The Seller will refund the price of the goods for which withdrawal was exercised within 30 days from receiving the returned goods at the destination address. Typically, the Seller will use the same payment method chosen by the Buyer for the initial transaction unless the Buyer has arranged otherwise; in that case, any additional costs associated with the different payment method will be borne solely by the Buyer. The Seller reserves the right to withhold the refund until the goods have been received.

10.5 Returned products must be unused, intact, and in a condition fit for resale, in their original packaging, complete with all parts (including packaging, documentation, and accessories).

10.6 Upon receiving the communication from the Buyer indicating their intent to exercise the right of withdrawal, all contractual obligations will cease, except as provided in this Article.

10.7 In compliance with Article 59 letter "e" of Legislative Decree 21 of February 21, 2014, the right of withdrawal cannot be exercised for goods that are not suitable for return due to hygiene reasons or health protection. Therefore, returns of items intended to come into contact with intimate parts of the person (e.g., underwear, body suits, swimsuits, monokinis, etc.) cannot be accepted under any circumstances.

11. CONFORMITY WARRANTY, REPORTING, AND ACTIVATION OF REMEDIES; OTHER WARRANTIES

11.1 The Buyer is guaranteed the Conformity of the goods to the Contract for a period of two years from their delivery. Unless proven otherwise, any defects of conformity that manifest within six months from the delivery date are presumed to have already existed at that time, unless this is incompatible with the nature of the goods or the defect in question.

11.2 In the absence of Conformity of the goods to the Contract, the Buyer may request, at no cost, the repair or replacement of the purchased good, or a price reduction or Contract termination, unless the request is objectively impossible to satisfy or excessively burdensome for the Seller under Article 130, paragraph 4, of the Consumer Code. If repair or replacement is impossible or excessively burdensome, or the Seller has failed to carry out the repair or replacement within the agreed time or if the replacement or repair previously performed has caused significant inconvenience to the Buyer, they may request, at their discretion, a price reduction or Contract termination.

11.3 The Buyer will lose any rights related to the Conformity of the goods to the Contract if they do not report the defect to the Seller within two months from its discovery. This term does not apply if the Seller has expressly recognized the defect or willfully concealed it. In any case, the report must specify the non-conformity found, as well as include at least one photograph of the good in question, accompanied by the Seller's invoice proving the purchase.

11.4 The Buyer must send the report, along with related requests, to one of the following addresses: i) Eversa Srl, Viale Trieste 29 c - 36100, Vicenza (VI), Italy, for communications via Registered Mail with Return Receipt; ii) or via PEC to the following certified email address: eversasrl@legalmail.it, or via regular email to info@giadero.com. Upon receiving the report/request and related documentation, the Seller will assess the non-conformity reported by the Buyer and, after conducting the necessary checks, will authorize or deny the return of the good by providing the Buyer with a "Return Code," sent by email to the address provided during order submission. Authorization to return the good does not constitute recognition of non-conformity. The good, for which the Seller has authorized return, must be sent to the address expressly indicated, along with a copy of the return authorization containing the "Return Code" and in full compliance with the precautions set out in Article 10.3.

11.5 If the Seller is required to refund, in whole or in part, the price paid to the Buyer, the refund will be made, where possible, using the same payment method used by the Buyer at the time of purchase of the good or, alternatively, by bank transfer. It will be the Buyer's responsibility to provide the Seller with bank details for the transfer at the time of reporting the defect, ensuring the Seller is able to return the amount due.

11.6 The right to replacement is subject to the following conditions:

1) the purchased item must be returned unused, intact, and in a condition fit for resale, in its original packaging, complete with all parts (including packaging, documentation, and accessories);

2) the shipment, until receipt at our warehouse, is entirely at the customer's risk. We are not responsible for damage, theft, or loss of returned goods with uninsured or untracked shipments (e.g., priority mail);

3) if the item is damaged during transportation, we will notify the customer promptly (within 5 working days of receipt of the item) to allow them to file a complaint against the courier and obtain reimbursement for the item's value (if insured);

4) if the return is received intact in all respects listed above, we will refund the cost of the item (not the shipping costs) within 30 days of receiving the return.

11.7 All products (excluding underwear and perishable goods) can be exchanged, provided they are returned in their original sale condition, i.e., not used or worn, with intact packaging, any packaging material, and security seals.

Products can be exchanged under the same conditions as above but only for other discounted products within the same product category.

Shipping costs are always borne by the customer unless returns are due to defective products or order errors made by Giadero.

12. NON-ATTRIBUTABLE DEFAULTS - UNAUTHORIZED PAYMENTS

12.1 The Seller is not responsible for non-performance or delayed performance of the Contract if this is due to service disruptions attributable to force majeure, accidents, or causes not attributable to the Seller.

12.2 The Seller assumes no liability for any fraudulent, illegal, or irregular use of credit cards, checks, or other payment methods due to the Buyer's negligent or even slightly negligent conduct in safeguarding and promptly informing the issuer of these payment methods.

13. DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES, AND RELATED BURDENS OF PROOF

13.1 The Manufacturer is liable for damages caused by defective goods promoted/sold via the Site. Under Article 116 of the Consumer Code, the Seller will be liable for damages caused by a defective product if they fail to inform the injured party within three months of the request specified in the following paragraph of the identity and domicile of the Manufacturer or intermediary who supplied the defective product in question.

13.2 The injured party may claim compensation for damages caused by death or personal injury or the destruction or deterioration of property other than the defective product, provided it is normally intended for private use or consumption and was so used by the injured party. In the latter case, under Article 123 of the Consumer Code, damage to property other than the defective product will be compensable only to the extent that it exceeds the sum of €387.00 (three hundred and eighty-seven euros). In any case, the injured party bears the burden of proving both the defect and the damage, as well as the necessary causal link between the defect and the damage suffered.

13.3 The damage claim, which must be submitted in writing, must specify the defective product, as well as the date and place of purchase. Moreover, if still in existence, the injured party must offer the defective product for inspection, following the instructions provided by the Manufacturer, Seller, or third parties indicated by them.

13.4 Compensation will be excluded if the injured party, knowing of the defect and the associated dangers, voluntarily exposed themselves to it. In the event of contributory negligence - where the injured party, exercising ordinary diligence, could have avoided the damage - the compensation requested will be excluded or reduced in proportion to the severity of the negligence attributable to the victim.

13.5 Any liability for the consequences of a defective product will be excluded if the defect is attributable to the product's compliance with mandatory legal provisions or other binding regulations or if the state of scientific and technical knowledge at the time the product was circulated did not yet allow it to be considered defective.

14. SPECIFIC CASES OF AUTOMATIC TERMINATION OF THE CONTRACT

14.1 The timely payment of goods purchased online, under Article 6.1 of these General Terms and Conditions of Online Sale, as well as the payment of any additional charges and/or obligations under Article 6.3, are considered essential obligations of the Contract.

14.2 In the absence of force majeure or an accident, failure to comply with the aforementioned obligations will result in the automatic termination of the Contract under Article 1456 of the Civil Code.

15. PROCESSING OF THE BUYER'S PERSONAL DATA (REFERRAL TO SPECIFIC NOTICES)

15.1 The Seller protects the Buyer's personal data, ensuring full compliance with the applicable data protection regulations, specifically Regulation 679/2016 and relevant national laws (Privacy Code, as last amended by Legislative Decree 101/2018).

15.2 For details, please refer to the Privacy Policy and Cookies Policy available on the site; it is hereby informed that personal data provided by the user, collected during website navigation, will be collected and processed electronically/informatically and, if necessary, in paper form, for the following primary purposes: i) to register the order; ii) execute the Contract and related communications; iii) comply with legal obligations; iv) manage commercial relations to better fulfill the requested services.

16. SELLER AND BUYER CONTACT DETAILS

16.1 Official communications addressed to the Seller, as well as any complaints from the Buyer, will only be valid if sent by Registered Mail with Return Receipt to Eversa Srl, Viale Trieste 29 c - 36100, Vicenza (VI), Italy, or sent via email to the following address: info@giadero.com, or to the following certified email address (PEC): eversasrl@legalmail.it.

16.2 The Buyer provides their residence or domicile, telephone contacts, and email address at the time of registration on the Site or in the order confirmation form, where communications from the Seller will be sent.

17. AVAILABLE LANGUAGES AND CROSS-BORDER ACCESSIBILITY OF THE SITE

17.1 The Site and related services are available in Italian.

17.2 These General Terms and Conditions of Online Sale are available in Italian. If translated into other languages, the only legally binding version is the one in Italian.

17.3 Accessible from computers, tablets, smartphones, or other devices, wherever located, the Site promotes goods and/or services primarily intended for the domestic market. Orders from third countries, unless otherwise specified, will be accepted and fulfilled as agreed. In such cases, unless otherwise agreed, delivery will be made at the Seller's premises. The Seller reserves the right to suspend or discontinue, with short notice and without penalty, all promotional, commercial, sales, and supply activities through the Site if legal/tax/customs issues, or objective reasons (and not solely related to the User's geolocation), prevent the receipt of orders and/or the execution of the Contract with Users residing or domiciled in third countries.

18 OUT-OF-COURT ONLINE DISPUTE RESOLUTION

18.1 As per EU Regulation 524/2013, the Buyer is informed of their right to refer any disputes with the Seller regarding the offering and purchase of goods and/or services promoted online to entities/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution) through simple, fast, and inexpensive online procedures (so-called ODR - Online Dispute Resolution).

18.2 For more information on these ODR procedures, please visit the following site: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

19. COMPETENT COURT AND APPLICABLE LAW

19.1 Any dispute between the Seller and Buyer relating to the Contract and its execution will be governed by Italian law and adjudicated, unless otherwise stated, by the courts of the consumer's jurisdiction. In any case, the Buyer will be guaranteed the rights conferred by the mandatory consumer protection rules in force in their country of residence and/or domicile.

19.2 For the reference rules regarding competent jurisdiction and applicable law to the Contract, please refer to Article 66 bis of the Consumer Code, Article 18 of EU Regulation 1215/2012, Article 6 of EU Regulation 593/2008, and Articles 3 and 57 of Law no. 218/1995.