- Scope of
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery and shipping
- Recognition of rights of use relating to digital content
- Legal guarantee of conformity
- Applicable law, jurisdiction
- Alternative Dispute Resolution
1) Scope of application
1.1 These general conditions of contract (hereinafter "General Conditions") of GALIOR SRLS (hereinafter "seller"), apply to all contracts entered into by a consumer or professional (hereinafter "customer") with the seller, in reference to the goods and/or services on sale in the seller's online shop. These conditions exclude the application of the customer's own provisions, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, "consumer" means any natural person who concludes a legal transaction for purposes which do not fall within the framework of his commercial or self-employed professional activity. "Professional" means any natural or legal person or partnership with legal personality which, in concluding a legal transaction, acts for purposes attributable to its commercial or independent professional activity.
1.3 For contracts relating to the supply of physical data carriers which serve exclusively as a carrier for digital content, these GTC apply accordingly, unless otherwise stipulated in derogation. In the sense of these GTC, digital content means data created and delivered digitally.
1.4 These GTC apply to contracts relating to the supply of digital content, with the exception of any express exceptions to the General Conditions.
1.5 Digital content within the meaning of these GTC means all data not saved on a physical medium created in digital format and made available by the seller, who recognizes certain rights of use according to precise procedures contemplated by these GTC.
2) Conclusion of the contract
2.1 The product descriptions in the seller's online shop constitute binding offers from the seller. .
2.2 The customer can accept the offer via the order form on the seller's online shop. In the event that the order is placed via the online order form, after entering personal data, the customer, by clicking on the validation button at the end of the purchase procedure, provides the legally binding acceptance of the contractual offer in relation to the goods contained in your shopping cart. However, the offer can only be accepted if the customer, by ticking the appropriate box under the text: "I expressly declare that I have read and accept the general conditions of sale", confirms that he accepts the contractual conditions.
2.3 The seller sends the order confirmation to the customer by post or e-mail.
2.4 In case of acceptance of an offer via the seller's online order form, the contractual text will be saved by the seller and sent to the customer after the relative order has been sent, together with the text of the general terms and conditions (e.g. via email or letter). The text of the contract will also be filed on the seller's website and the customer will be able to access it free of charge through his password-protected account, by entering the relevant login data, provided that, before sending the order, the customer has proceeded to create an account in the seller's online shop. In any case, the seller will send the customer an order confirmation, signaling the possibility of downloading and printing the general terms and conditions using the "print" function.
2.5 Before submitting the binding order via the seller's online order form, the customer can correct his data at any time using the normal mouse and keyboard functions. Furthermore, before the binding transmission of the order, all data will be displayed in a confirmation window, where they can still be changed using the normal mouse and keyboard functions.
2.6 If the customer acts as a consumer, the only language available for stipulating the contract is Italian.
3) Right of withdrawal
3.1 Consumers have the right to exercise the right of withdrawal.
3.2 For more information on the right of withdrawal, consult the relative information of the sellers.
4) Prices and payment conditions
4.1 The prices indicated by the seller are final amounts including the statutory VAT rate. Any extra delivery and shipping costs are shown on the respective product description page.
4.2 Shipments to countries outside the European Union could involve additional specific costs to be paid by the customer. Among these, for example, the costs relating to the transfer of money through credit institutions (eg: commissions on transfers, currency exchange) or taxes and charges for imports (eg: customs duties).
4.3 The customer has various payment options available, which are illustrated on the seller's website.
4.4 In the event that an advance payment is agreed, the balance must be paid upon conclusion of the contract.
5) Terms of delivery and shipping
5.1 The goods are shipped by forwarder to the address indicated by the customer. The order is processed taking into consideration the shipping address indicated.
5.2 If the courier sends the goods back to the seller following the impossibility of delivery to the customer, the costs of the unsuccessful shipment will be charged to the customer. This does not apply if the customer exercises the right of withdrawal if the circumstance that made delivery impossible is not attributable to the customer or if the latter is temporarily unable to accept the offered service, unless the seller has announced the execution of this service with adequate advance.
5.3 There is no collection by the customer.
5.4 The digital contents will be provided to the customer exclusively in electronic format as follows:
- by email
- via download
Delivery will take place within 24 hours of purchase.
6) Recognition of usage rights relating to digital content
6.1 Unless otherwise indicated in the description of the contents given in the seller's online shop, the latter grants the customer the non-exclusive right, unlimited in time and space, to use the contents provided for private and commercial purposes.
6.2 Outside the scope of these GTC, it is forbidden to transmit to third parties or make copies of the contents for third parties, unless the seller has given his consent to the transfer of the contracted license to the third party.
6.3 The acknowledgment of the right will be effective only once the customer has paid the due fee. In any case, the seller may temporarily allow the use of the contents covered by the contract even prior to said payment. This provisional permit does not imply the transfer of rights.
7) Legal guarantee of conformity
7.1 The provisions of the law apply in cases of guarantee for defects of the thing sold.
7.2 For consumers, the limitation period for warranty claims is two years from delivery of the goods to the customer.
7.3 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.4 The consumer must notify the seller of the defect in the goods within two months of discovery.
8) Applicable law, competent court
8.1 If the customer acts as a consumer within the meaning of section 1.2, the law of the country in which the customer has his habitual residence applies to all legal relationships between the parties, excluding the United Nations Convention on International Sales Contracts of movable property. The exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of domicile.
8.2 If the customer acts as a trader within the meaning of point 1.2, the law of the country in which the seller has its registered office applies to all legal relationships between the parties, excluding the United Nations Convention on International Sales Contracts of movable property. The exclusive place of jurisdiction for all disputes arising from this contract is the place of the seller's registered office.
9) Alternative Dispute Resolution
9.1 The European Commission has set up a platform for online dispute resolution available at the following link: https://ec.europa.eu
This platform represents the point of reference for the out-of-court settlement of disputes arising from purchase and sale contracts or online services in which the consumer is involved.
9.2 The seller is neither legally obligated nor willing to participate in a dispute settlement procedure before a conciliation body.
Right of withdrawal
Sales of products via the Internet are governed by articles 45 to 67 of Legislative Decree 206/2005 (Consumer Code). This legislation provides the consumer with the right to withdraw from contracts or contractual proposals, guaranteeing him the right to return the purchased product and to obtain reimbursement of the expenses incurred. The right of withdrawal does not apply to audiovisual products and sealed computer software products opened by the consumer, nor to sealed goods that are not suitable for being returned for hygienic or health protection reasons that have been opened after delivery.
The Customer is responsible for the diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the products, namely:
- in the absence of the original packaging;
- in the absence of integral elements of the product (accessories, cables, instruction manuals, etc);
The right of withdrawal is reserved exclusively for consumers (natural persons who purchase the goods not for purposes related to their professional, commercial or entrepreneurial activity), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to the activity professional eventually carried out.
The costs of returning the product are charged to the customer.
Methods and times for exercising the right of withdrawal
The Customer has a period of 14 (fourteen) days to withdraw.
The withdrawal period ends after 14 (fourteen) days from receipt of the goods or, in the case of services, from the conclusion of the contract. Within this period, the Customer must notify Galior.it of the intention to withdraw from the contract in one of the following ways:
By sending a registered letter with acknowledgment of receipt or a telegram or fax, or any other explicit communication of the decision to withdraw, to the following address/number: Galior srls Via Pergolesi, 19 - 80020 Casavatore (Na) PEC. firstname.lastname@example.org
Within 3 (three) working days of receiving the notice of withdrawal, Galior SRLS will send the Customer, to the email address indicated in the order or in the request for withdrawal, the Return Authorization Number (NAR) which will identify the file.
Within 14 (fourteen) days of receipt of the Return Authorization Number (NAR), the Customer will, at his own expense, send the product carefully packed, indicating on the packaging the Return Authorization Number (NAR) assigned by GALIOR SRLS at the following address:
Galior srls Via Pergolesi, 19 - 80020 Casavatore (Naples)
The address to which the products are to be shipped will be clearly indicated in the communication email from the NAR.
The term is considered respected if the Customer sends the product before the expiry of the period of 14 (fourteen) days.
Methods and times for reimbursement to the Customer of the cost of the product and shipping costs
The refund is managed according to the method chosen for the withdrawal, i.e. through the online channel or by returning the product to the store.
If you decide to withdraw by mail/registered letter/PEC to the following address email@example.com, with return of the product via self-declaration of non-use (as per previous indications) the refund procedure is as follows:
pursuant to article 56 of Legislative Decree 206/05, Galior will refund all payments within 14 (fourteen) days from the date on which it became aware of the exercise of the right of withdrawal by the Customer, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by Galior); in any case, the Customer will not have to incur any costs as a consequence of this reimbursement.
Galior may withhold the refund until it has received the product intact or until the Customer has demonstrated that he has destroyed the software copies and sent a self-declaration of cancellation and destruction, depending on which situation occurs first.
For purchases made with one of the following payment methods:
- credit card
- wire transfer
- payment in store
Galior will proceed with the refund by bank transfer or reversal on card,
For purchases made by paying by credit card, the refund will be made by reversing the transaction directly to the credit card.
For purchases made by payment with Easygift Vouchers/Cards, the Customer will be entitled to have the vouchers restored.
Withdrawal with return of the product to the store
The refund is managed according to the payment method chosen when ordering, namely: - online payment: the refund can be made through an online credit card transaction or through a purchase voucher or bank transfer, or directly in the store, through a return card (Easy Gift) for the purpose of a subsequent purchase in the store. - in-store payment: the refund takes place directly in the shop upon return of the product, using the same method of payment originally made.