The following general terms and conditions (hereinafter referred to as "T&C") are applied to the sale and purchase agreement of the products distributed by Emmegi snc – Registered Office in San Martino di Lupari, Via Garibaldi 96 - 35018, VAT 03404430286 – through its website www.gaiainterni.com (hereinafter referred to as the "website") to its users (or clients).
The following T&C apply exclusively to the users (or clients) defined accordingly to the art. 3, co. 1, lett. a) of the Italian Lgs. D. 6/09/2005, n. 206, as “any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities”.
The user (or client) also declares that any order carried out will not have a business / professional / trade scope.
The customer declares to have read all the aforementioned information and general conditions of sale before placing the order.
The customer also declares to be of age and have the legal capacity to act according to the T&C set in this page.
INFORMATION ABOUT THE PRODUCTS
The descriptions of the products and the pictures on the website correspond to what is made available by Gaiainterni's suppliers to Gaiainterni itself. The photographs and any presentational videos of the products are published on the website descriptively, taking into account the fact that the quality of the pictures, including an exact display of the color variants, may depend on software and IT tools used by the customer when navigating the website. Gaiainterni assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will. The photographs illustrating the products on the site do not fall within the contractual field and are shown for descriptive purposes only.
Gaiainterni continuously develops and updates the products in order to offer customers the best design items for furniture at the most convenient price. For this reason Gaiainterni reserves the right to change product specifications, prices and any associated services at any time and without notice. Before ordering, we therefore invite customers to carefully check the product sheets and contact customer service for any questions or clarifications at email@example.com.
Most of the products displayed on the site are highly artisanal products and for this reason they require longer production times. Sometimes times may vary from those communicated due to the difficulties in finding raw materials, each individual product is also carefully checked by the supplier to ensure the quality of the same. In case of defects, the product will be put back into production. Gaiainterni is therefore not responsible for any delays in the delivery of the goods by the supplier.
The prices on the website are in Euro (€) and does not include VAT. The 22% VAT amount will be applied in the cart/checkout according to the applicable Italian Law.
The price of the product excludes any delivery costs, where not otherwise indicated, which will be added to the total amount, where applicable, in the checkout page. It is anyway possible to estimate the delivery charges once the products have been added to the shopping cart.
All prices and/or promotions on the site have been pre-authorized by Emmegi snc, which has the right to modify the prices without notice at any time without prejudice to the on-going transactions.
The payment of the amount is due at the time of the order, by advance payment by Credit Card / Prepaid Card (via Gestpay circuit), PayPal or Bank Transfer. Accepted credit cards are Visa, VisaElectron, Mastercard and Maestro. Using Credit Card for online purchases on www.gaiainterni.com through the PayPal circuit is practical and safe. The website undertakes to maintain the security of information concerning the credit card and personal data; all sensitive data are in fact encrypted during transmission.
Please note that, in the case of payments through PayPal, the shipping address indicated in the order phase must be the same as that indicated in your PayPal account.
By proceeding with the purchase and payment, the customer guarantees that he is of age and that he has the necessary authorizations to use the payment instrument indicated in the order.
In case of non-receipt of payment by Gaiainterni, the same reserves the right to cancel the order. In the case of payment by Credit Card, Gaiainterni reserves the right to request the sending of a copy of the identity document proving the actual ownership of the credit card used, and, in the absence of this, Gaiainterni may refuse the payment and cancel the order.
We remind you that in no case will commissions or increases be applied for the use of certain payment methods (prohibition of surcharges). The purchase price always remains the same, whatever the payment method used.
AVAILABILITY OF THE GOODS
The offers contained on the site are valid as long as the products remain online and / or while stocks last.
The fulfillment of the order depends on the availability of the products: for products in stock, the shipment takes place the working day following the receipt of payment; for products not in stock, given the general situation with the supply problems of raw materials by suppliers, the delivery times vary according to the product requested.
Gaiainterni deals directly with suppliers in order to minimize warehouse costs and therefore guarantee the best possible price to customers.
PLEASE NOTE: all the orders that arrive from 1st to 31st August will be processed from the first week of September, due the the suppliers holidays. All the orders that arrive from the second week of December will be processed starting from the second week of January, due to the Christmas and New Year Holidays.
Gaiainterni will inform the client through the email address indicated in the order the possible unavailability of one or more products purchased. In this event, Gaiainterni will refund the amount paid (through the payment method agreed with the customer). The unavailability of one or more of the products ordered will not attribute in any case the customer the right to cancel the entire order.
The products are manufactured after the order has been completed and validated by Gaiainterni (with the confirmation e-mail after arrival of the payment), which will then forward the order to the supplier. This is to give all customers the highest quality products at the best possible price. Should the lead times postponed from the suppliers, the customer will be informed as quickly as possible. Should for any reason be impossible to order products from the suppliers, the customer will be informed by email and an agreement will be found between the parties (refund or replacement of the material).
RECEIPT AND ACCEPTANCE OF THE ORDER
The products are offered for sale based on the terms and conditions set out in the contract and published on the Website at the time of the order. The purchase of products implies full and unreserved acceptance of these general conditions of sale which will remain valid and effective until modified and / or integrated by Gaiainterni. Any changes and / or additions will be effective from the date on which they are published on the Website and will apply to sales made from that date.
Any order confirmation signed by the validation click or confirmed by e-mail constitutes an irrevocable commitment of the customer which can be called into question only in the cases provided for by this contract.
The customer will receive by e-mail a notification of receipt showing all the details of the order. However, the order is to be considered valid and binding only upon receipt of payment by Gaiainterni, which will send an email confirming payment and taking charge of the order to the email address indicated by the customer.
Gaiainterni cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the customer.
The order will be executed within the terms specified on the Website, unless there are any problems with product availability and unless specifically agreed between the parties. In case of unavailability of the ordered product or of prolonged production times, Gaiainterni undertakes to inform the customer as soon as possible and to communicate a possible new delivery term.
PLEASE NOTE: the Customer who places an order declares and guarantees: to be a consumer in accordance with the provisions of art. 3 of the Consumer Code, to be of age and that the data provided by the same for the execution of the Contract are correct and truthful.
Upon placing the first order, the user will be automatically registered for the newsletter, from which he can still decide to unsubscribe at any time, by notifying firstname.lastname@example.org or by responding directly to the newsletter.
The customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact details and other information useful for order fulfillment.
The customer can cancel the order, free of charge, within 3 days of receipt of the order confirmation, after this deadline the order will be considered accepted in all its parts. In that case the transport costs cannot be reimbursed.
These General Conditions of sale are to be considered valid also for orders received by e-mail, through private negotiations. The aforementioned orders are to be considered valid and binding upon receipt by Gaiainterni of the confirmation of the estimate sent and receipt for advance payment by bank transfer, PayPal or Credit Card.
In order to avoid unpleasant inconveniences and guarantee the customer the best service, the products are subjected to sample checks by Gaiainterni before being shipped. In any case, the customer benefits from the manufacturer's guarantee, which is accompanied by the guarantee and the customer service of Gaiainterni. The products sold also benefit from the legal guarantee against hidden defects provided for in articles 1641 and subsequent two years of the Civil Code.
Some products also have a warranty extension, in which cases, the terms and duration of the warranty are specified in the warranty certificate delivered with the product. The latter does not cover damage, breakages or malfunctions due to failure to comply with the precautions for use.
For any communication, customers are required to contact the customer service at the e-mail address email@example.com or to call +39 049 0990585.
SHIPPING & DELIVERY
Gaiainterni delivers all over the world (except areas with political constraints).
The purchased goods will be delivered in about 48/96 hours from shipment. For disadvantaged places, difficult to reach or for reasons of force majeure, the times may vary for reasons that are not attributable to Gaiainterni.
The cost of the product is indicated in the cart, while the total cost of the order including shipping is quantified at the time of purchase. Shipping costs vary depending on the place of delivery. Deliveries to remote or difficult to reach locations may lead to changes in the transport costs indicated. For bulky products, a shipping supplement may be required.
The products are delivered to the address indicated by the customer during the purchase. All products are shipped by courier. Depending on the weight, size and quantity of the products ordered, different services and carriers may be used. The Standard Shipping service is intended with delivery to ground floor front door and the customer must collaborate with the driver to unload the packages from the side of the truck, sometimes also making other people or mechanical vehicles available depending on the size and weight of the truck (consenting to help the staff involves the waiver of any civil or penal action in the event of an accident). The carrier will contact the Customer to agree upon delivery methods and times only if this service is expressly requested by the Customer by sending an e-mail to firstname.lastname@example.org immediately after sending the order. Additional fees may be charged for this service. Under no circumstances is the courier authorized or required to deliver to the home and unpack or assemble the customer's products.
The request for home or floor delivery (where available) must be indicated by the customer after sending the order to email@example.com. In any case, the delivery service to the floor will involve additional costs, which will be previously communicated to the customer. Some products may require assembly by the customer. The prices of the products displayed on the site do not in any way provide for the installation and / or assembly service.
All information required for delivery must be completed accurately at the time of the order, or corrected immediately after sending the same by e-mail to firstname.lastname@example.org. Gaiainterni is not responsible for non-delivery due to inaccuracies and / or incompleteness in completing the purchase order by the customer. Any additional costs arising from complications in delivery or non-delivery due to the customer's error in indicating the shipping address will be charged to the customer.
Product delivery times depend on the products and quantities ordered. The times communicated by Gaiainterni are however indicative and not strictly binding. The Customer acknowledges and accepts that the indications present on the Website or communicated via email relating to the availability for the shipment of the products may vary, also in consideration of the possible simultaneous access to the site by multiple customers, and therefore the actual availability of the individual products may vary during the same day.
As soon as the goods are available, Gaiainterni will proceed with the shipment of the same to the Customer, who will be sent an email with the tracking number of the package in order to monitor the delivery.
In case of unavailability of one or more ordered products, Gaiainterni can proceed with the shipment of the available products. Partial delivery does not entitle the customer to compensation or indemnities than those due by law for products whose delivery is not possible.
The risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the customer only when the latter materially comes into possession of the goods. If the carrier for the transport has been chosen by the customer and not proposed by GaiaInterni, the risk is transferred to the customer already at the time of delivery to the carrier.
Gaiainterni will also not be held responsible for any damage that may have occurred to the products after delivery to the carrier responsible for transporting them as well as for delays in delivery attributable to the latter or for reasons of force majeure.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and release of the goods.
Upon delivery, the customer must check the content, conformity and status of the product or products.
In the event of delays, breakdowns, total or partial losses or other problems, the customer has the right to appeal to the carrier without Gaiainterni's responsibility ever being taken into consideration.
Therefore, upon delivery, Gaiainterni recommends the customer to check the status of the products before signing the receipt document. If anomalies are found, the customer must refuse the delivery of the products or put in writing their reservations, detailed and dated. These reservations must be communicated to Gaiainterni by registered letter with return receipt or by e-mail to email@example.com within three (3) days following the delivery of the products.
It is the Customer's responsibility, before placing the order, to verify the full capacity to receive the product; this includes verifying that the product can pass through the main door of the house, through the stairs and into all other areas necessary for delivery.
Procedure in case of absence of the recipient
In case of absence of the customer at the time of delivery, if the carrier is unable to contact the customer via the telephone numbers provided or if the customer fails to contact the courier following the notice of passage, the goods will go in storage in the courier's warehouses and the customer will be responsible for any additional costs. The products must then be collected at the address and in the manner indicated by the carrier. In case of failure to collect within the deadline set by the carrier, the products will be returned to Gaiainterni which reserves the right to reimburse the price of the products, leaving in any case the shipping costs and any additional charges to be borne by the customer.
If the goods are not delivered within seven days of shipment, customers are asked to notify 049-0990585 or send an email to firstname.lastname@example.org.
For each purchase made, a regular invoice is issued to the customer at the address indicated at the time of the order by tax code and sent by e-mail in pdf or jpeg format. The invoice is issued and sent after payment of the order and following communication by the customer of his tax code.
The payment of the invoice is considered fulfilled upon receipt of the amount due with advance payment by bank transfer, credit card / prepaid card or Paypal.
In case of non-receipt of the invoice by e-mail, the customer can request it by writing to email@example.com inserting name, surname, social security number, reference of items purchased / order number and payment transaction number.
RIGHT OF WITHDRAWAL
Each Customer can exercise the right of withdrawal of the goods purchased online in the manner and within the times provided for by the law currently in force (Legislative Decree 21/2014).
The consumer is required to submit an explicit declaration of his decision to return the goods indicating the order reference within fourteen (14) days of delivery of the product or by downloading and filling in the appropriate FORM. This communication can be anticipated by e-mail at firstname.lastname@example.org or by registered letter with return receipt. registered in Emmegi snc, Via Garibaldi, 96 - 35018 San Martino di Lupari (PD).
The goods subject to withdrawal must be kept in their original packaging, properly packaged and shipped no later than fourteen (14) days from the date of the communication. The product must be received intact and in perfect condition for resale (not worn, damaged or soiled by the customer) to be entitled to a refund. The costs and risks associated with returning the products are entirely borne by the customer.
The goods must be returned to the following address:
Via Garibaldi, 96
35018 San Martino di Lupari (PD)
Attention: In no case will parcels be withdrawn cash on delivery, freight collect, nor sent by priority mail or ordinary parcel.
If the customer exercises the right of withdrawal in accordance with the provisions of these conditions of sale, Gaiainterni will make the refund due within 14 (fourteen) days from the receipt of the notice of withdrawal through the payment method used by the customer (or by payment method agreed).
The consumer has the right of withdrawal without any penalty, without prejudice to any costs to restore the packaging or decrease in the value of the goods resulting from the handling of the goods other than the ordinary one. The refund includes the purchase price of the products ordered plus the delivery costs of the goods. The only costs charged to the customer are those relating to the return of the product.
As required by Legislative Decree 21/2014, the supply of tailor-made or customized goods or lists of products selected and ordered specifically for the consumer is excluded from the exercise of the right of withdrawal. The consumer is responsible only for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods (Article 57 of the Consumer Code).
Furthermore, the right of withdrawal cannot be exercised by the Customer if the product is not intact:
in the absence (or evident damage) of the original packaging;
in the absence of integral elements of the product;
for damage to the product caused by the Customer.
Those rules are not applied in the case of transactions between companies, in which case the right of withdrawal does not apply.
ATTENTION: damaged products and packaging that is not intact as in the deed of sale cannot be refunded.
CONFORMITY DEFECTS - LEGAL CONFORMITY GUARANTEE
Pursuant to art. 130 and 131 of Legislative Decree 206/2005, Gaiainterni is responsible within two years from the delivery of the Products to the Customer for any lack of conformity of the Products existing at the time of delivery. The Customer loses the rights granted to him by art. 130, paragraph 2 of Legislative Decree 206/2005 if you do not report the lack of conformity detected to Gaiainterni within two months from the date on which you discovered the defect. In order to exercise this right, the customer must keep and present the proof of purchase.
Any breakdowns or malfunctions caused by accidental events or by the customer's responsibility (for example, use of the product that does not comply with its intended use or as provided in the technical documentation of the product) are excluded from the legal guarantee.
If a product should show what could be a lack of conformity, the customer must contact our customer service at 049/0990585 or at email@example.com. Gaiainterni will provide a quick reply to the communication of the lack of conformity and will indicate to the user the procedure to follow.
In case of applicability of this guarantee, the customer will have the right, at no cost, to restore the conformity of the product. Gaiainterni will replace the customer with other products of the same quality and title available at its own warehouses or at those of the supplier, those products delivered that show conformity defects. If the replacement of the product is not possible or is excessively expensive, Gaiainterni will propose the reduction of the purchase price or the termination of the contract (with reimbursement of the entire order to the customer).
COMPLAINTS AND RETURNS
For any complaint, please write to firstname.lastname@example.org.
The client who believe to have received a product that does not conform to the technical specifications on the site is required to communicate such determination within a period not exceeding fourteen (14) working days from the receipt of goods. This communication may also be sent by e-mail with the order’s number:
The product(s) to be replaced;
Detailed description of the problem and/or non-compliances, together with some photos;
The e-mail address that Gaia Interni have to contact for the complaint.
The goods must be kept in the original packaging and must be delivered not later than 14 days after their receipt to the courier chosen by the consumer at his/her expense. An expert will assess the veracity of the claim upon receipt of the product(s):
In case of confirmation of non-conformity, the product will be replaced within thirty (30) working days from the date of receipt at no additional cost;
In case the product being compliant to thr technical specifications, it will be returned to the sender within thirty (30) working days, provided that payment for the shipping charges has been received.
For any problem related to damages, returns and technical issues, GaiaInterni is at your complete disposal to help customers resolve any issues and to guide them in returning the goods.
In the event of disputes relating to any damage found in the product at the time of delivery, the customer is required to notify no later than 3 (three) days of receipt of the same to email@example.com, attaching the photos of the product and of the damaged packaging.
The refund or replacement of the product can only take place upon prior signature with reservation at the time of delivery of the goods.
In the event that the packaging is not completely intact at the time of delivery, the customer must sign by placing a clear and precise control reserve about the damage found (for example 'control reserve for punctured, folded packaging, etc.').
If the goods cannot be checked at the time of delivery and the packaging is intact, the customer must sign the delivery note with the words "control reserve, packaging intact" before accepting the goods, with the condition to check the / the parcel (s) and report any damage within three (3) days of receipt of the goods.
If the goods are accepted without reservation of control, Gaiainterni does not guarantee the reimbursement of the amount due.
If the carrier has been chosen by the customer other than those proposed by Gaiainterni, the risk of damage is transferred to the customer already at the time of delivery to the carrier itself, precluding any dispute regarding the external characteristics of what was delivered. In this case, any dispute must be raised directly by the customer against the carrier.
For any problem relating to damage, returns and / or technical problems, Gaiainterni remains at the complete disposal of each customer to solve any problem.
PHOTOS AND PRODUCTS DESCRIPTION
The photos of the different products are acquired with extreme attention and care, taking the shots with professional cameras and lights on the manufacturer's original samples. Despite the extreme skill with which these images are processed, the finished product may have color variations based on the environment and / or surrounding lights.
The parties will not be responsible for the delay in the fulfilment of their obligations, pursuant to the contract, if such delay is caused by circumstances beyond their reasonable control. The party late due to force majeure will be entitled to an extension of the terms, necessary to fulfil these obligations.
However, Gaiainterni cannot be held responsible for violation of this contract in the event of production delays by suppliers due to temporary unavailability of raw materials, lack or unavailability of the product, force majeure, breakdowns, interruptions or total or partial strike of postal services and transport and / or telecommunications.
EXCLUSIONS: PURCHASES BETWEEN COMPANIES
The conditions referred to in this document, where derogations in favor of the buyer with respect to the legal regulations applicable to the transactions involved, are intended exclusively for buyers who are "Consumers" pursuant to art. 3 of the Consumer Code (Legislative Decree 206/2005).
In particular, the right of withdrawal is reserved exclusively for "Consumers" pursuant to art. 3 of the Consumer Code (Legislative Decree 206/2005) and therefore cannot be exercised by legal persons and natural persons acting for purposes related to any professional activity carried out.
COPYRIGHT AND TRADEMARKS
All the contents of the site are protected by copyright. Brands, logos and other distinctive signs of various kinds present on the Site belong to their respective owners.
The use of trademarks, logos and other distinctive signs - including the reproduction, distribution, publication, transformation on other websites, in any form and for any purpose - by unauthorized third parties is prohibited. Gaiainterni assumes no responsibility for the trademarks and other distinctive signs that appear on the products it sells, with respect to which the customer does not acquire any rights following the conclusion of the contract.
PROTECTION OF PERSONAL DATA
Gaiainterni is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. The data communicated by the customer necessary for the execution of the contract are processed in accordance with the provisions of EU regulation 679/2016 (GDPR) on the subject of "Protection of personal data".
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
For any communication, you can contact Gaiainterni at the following addresses:
Via Garibaldi, 96
35018 San Martino di Lupari (PD)
tel. +39 049 0990585
APPLICABLE LAW - DISPUTE RESOLUTION
The sales contract between the customer and Gaiainterni for Emmegi s.n.c. is understood to be concluded in Italy and governed by Italian law.
For civil disputes, in the event that the buyer is a private individual acting for purposes unrelated to the exercise of the business or his professional activity, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
We inform consumers residing in Europe that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them. Consequently, if You are a consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr.
Emmegi s.n.c. adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link https://www.aicel.org/codice-etico-dei-merchant-aicel.