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). These T&C define the conditions under which any user (or client) may use the services or buy the products provided by Gaiainterni.
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”.
By placing an order, either online or by e-mail, the the user (or client) declares his acceptance of the T&C. The user (or client) also declares that any order carried out will not have a business / professional / trade scope. The user (or client) hereby guarantees that the personal data provided during the registration procedure are complete and truthful and undertakes to indemnify and hold harmless Gaiainterni from and against any losses, damages and/or liabilities deriving from and/or connected to the violation of the regulations concerning the registration on the website or the conservation of the related credentials.
All the orders placed through the website www.gaiainterni.com or per e-mail are intended for use in the country they were ordered from. The user (or client) declares his legal capacity to act according to the T&C set in this page.
INFORMATION ABOUT THE PRODUCTS
The description and photographs of the products on the website have illustrative purposes and do not constitute a legally binding offer (the colors in particular may not exactly correspond to the real ones due to the internet browser or monitor characteristics). There is no legal claim to the availability and deliverability of the products shown in the website.
The prices on the website are in Euro (€) and include VAT 22%, where it applies, according to the applicable 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.
Due to the large number of products, it can be possible that some of the products listed may be incorrectly priced, despite the reasonable efforts in updating them constantly. The prices are verified as part of the order-handling procedure so that, where a product's correct price is different than the one displaied on the website, the product's price will be updated with the correct one.
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 client who wishes to conclude the agreement and purchase the product or products must express this willingness by clicking on the checkout button in the shopping cart and, after all the personal details have been inserted in the checkout page, the client will select the payment method of his/her choice and then click to the "place the order" button, to confirm and send the order. The total amount due will be displayed before proceeding with the confirmation. The client will be then redirected to the payment page - for payment with Credit/Debit Card or PayPal.
The payment is due from the time of order. The user (or client) undertakes to pay the agreed price for the product ordered on the website (product price and shipping) by using the available payment methods:
The orders submitted by e-mail are to be paid with bank transfer.
By submitting an order, the client is confirming that the payment details provided are valid and correct.
In the case of credit card payment, Gaiainterni has the rights to request the copy of an identity document confirming the ownership of the credit card. The payment method data will be processed through a server-to-server secure connection. Gaiainterni is not responsible for any payment gateways pages that are not directly managed by Gaiainterni itself.
AVAILABILITY OF THE GOODS
The fulfill of the order depends on the availability of the goods: the products in stock will be shipped in 1-2 working days after receipt of the payment; the products not available in stock will be shipped within 20-25 working days after the payment confirmation. In order to reduce the product's cost, Gaiainterni deals directly with the suppliers, so to offer its customers the best possible price.
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 that are not in stock 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).
SHIPPING & DELIVERY
Gaiainterni delivers all over the world (except areas with political constraints).
The cost of the product is displayed in the shopping cart, while the total cost of the order including shipment is quantified before confirming the purchase in the checkout page. Orders will be delivered from the transportation company appointed by Gaiainterni depending on weight, size and quantity of the products ordered. The shipping costs vary also depending on the place of delivery.
The shipping is intended under DAP terms: all the costs of transportation (export fees, carriage and insurance) and the necessary packing is carried out by the seller at his own cost, so that the goods reach their final destination safely. All necessary legal formalities in the exporting country are completed by the seller to clear the goods for export. After arrival of the goods in the country of destination, the customs clearance in the importing country (only for Extra-UE countries) needs to be completed by the buyer at his own cost, including all customs duties and taxes.
The delivery of the products depends on the products and the quantities ordered. The timelines communicated by Gaiainterni are nevertheless indicative and not binding. The Customer acknowledges and accepts that the information provided concerning the availability of the products may vary, also seeing the possible contemporary access of more clients on the site, and therefore the actual availability of individual products can vary during the same day. The availability of the products also depends on the lead times to be manufactured by the supplier, and the timelines can vary due to the handcrafted production.
As soon as the goods are available, Gaiainterni will proceed with the shipping and will provide the customer with the tracking number of the package to monitor the delivery.
Normally the goods will be delivered in 4-5 days after the shipment. For disadvantaged and/or hard to reach places, or due to force majeure, timings vary for reasons that are not attributable to Gaiainterni.
The products are delivered to the address specified by the customer during the purchase. The client is responsible for the delivery address indicated in the order. Gaiainterni is not responsible for non-delivery or delivery problems due to inaccuracies and/or incompleteness in the address filled in by the customer during the purchase process. Any additional costs resulting from complications in delivery or non-delivery due to an error in the shipping address will be charged to the customer.
Delivery is to the ground floor front door of the building and does not include any assembly or unpacking services. Floor delivery has to be specifically requested to [email protected] and implies extra-costs, if available. The customer must work with the driver to download the packages from the truck, sometimes the help of other people will be needed, depending on the size and weight of the purchased items (agreeing to help the carrier involves the renunciation of any civil or criminal action in case of injury). In no case the courier is authorized or required to deliver at home and unpack and assemble the products.
The carrier will contact the customer to agree on the delivery day and time only if this service was specifically requested to [email protected] immediately after placing the order. For this service additional costs will be applied.
The prices of the products displayed on the website do not in any way provide the service of installation and/or assembly.
If the courier cannot find the addresse, he's unable to contact the customer at the provided telephone numbers or if the customer fails to contact the courier after the delivery notice, the goods will be stocked in the courier's ware house. Any additional charge this may cause are at the customer's expense. If the goods aren't delivered within seven days from the shipping, please contact Gaiainterni at +39 049.946.1899 or send an email to [email protected]
Upon delivery, the ownership and the risks of the product(s) are transferred to the customer. The delivery note issued by the transportation carrier will constitute a proof of transport and risks transfer. Gaiainterni will not be liable for any damage/waste/delay occurring to the products after delivery to the carrier.
The customer must verify the condition of the goods before signing the delivery note. Whether some anomalies might be noted the customer must refuse the delivery of the product(s) or write goods unchecked and any reserve, detailed and dated, in the delivery note. These notes must be communicated to Gaiainterni by writing to [email protected] within three (3) days from the delivery.
PLEASE NOTE: the customers are recommended not to accept the goods in the following situations:
In all the above cases and in any other case of abnormality the customers are recommended to refuse the goods or to accept them only after required explanations to Gaiainterni, which is keen to resolve quickly any problem.
It is the client's responsibility to verify the full capacity to receive the product(s) before placing the order; this includes verification that the product(s) can pass through the main door, the stairs and in all other environments necessary for delivery.
In case of unavailability of one or more products ordered, Gaiainterni can proceed with the shipment of the available articles. The partial delivery does not entitle the customer to compensation, or additional compensation to those legally owed, for the products which are not deliverable.
All the products are shipped with a special and safe packaging (cardboard and/or vacuum), but should there be any damage sign on the package, please verify the integrity of the product(s) and content before the delivery and communicate immediately the possible damage to the carrier and write then an e-mail to [email protected] within 3 days from the receipt of the product. The transport being carried out by the carrier cannot be visually monitored by Gaiainterni so GaiaInterni pleases the customers not to negatively evaluate the service privided by Gaiainterni in case of damage or delay caused by the carrier. Any damaged product will be replaced as soon as possible, upon signing with "goods unchecked" in the delivery note and upon return of the damaged item withtin 14 days from its reception. Integrity checking of the product must be carried out at the time of unloading of the goods in the presence of the courier. Any damage must be reported to the carrier and clearly written in the transport document to allow the replacement of the product. If the report does not take place in these timings and conditions the recipient must do expense for the replacement of the product. In order to allow the refund or substituion in case of damage, the customers are asked to always write "goods unchecked" at the moment of the delivery together with their signature and an explanation of the possible visible damages.
A regular invoice shall be issued to the customer via e-mail (jpeg or pdf) for every processed and shipped purchase, if required.
Payment of the invoice is acquitted after reception of the due amout.
To request an invoice, please write to [email protected] with your name, surname, VAT number (if needed) and order reference.
RIGHT OF WITHDRAWAL
Each customer can exercise the right of withdrawal in the manner and within the time prescribed by the current law. The client may withdraw from the agreement within a period of 14 (fourteen) days, without citing any reasons, by writing to [email protected]. If the products have already been shipped, this period starts with the delivey of the goods and the return shipment will be at the customer's expense.
The goods must be returned in the original packaging no later than 14 days after the communication to the following address:
Via Garibaldi, 96
35018 San Martino di Lupari
Note: Cash on delivery or carriage forward parcels, priority mail or standard parcel will not be accepted in any way.
Refunds will be issued within thirty (30) days from the receipt of the undamaged goods. The consumer has the right of withdrawal without penalty, the only charges for the consumer are those relating to the return shipment and the ones related to the first shipment. Refunds will be issued to the coordinates agreed with the customer.
Products damaged by detergents / additives, or products damaged by the client due to malpractice will not be replaced or refunded. The risks of the return shipment is on the client.
The right of withdrawal does not apply on customized, manufactured and/or tailor made products (Lgs. D. 6/9/2005 n. 206).
During the period of withdrawal the customer is responsible for the goods. In case of damage or destruction of the product(s), the customer will be considered responsible and will therefore suffer all the consequences.
ATTENTION: damaged products cannot be refunded.
Please note: These rules apply just to private consumers and cannot in any way apply to companies, for which no right of withdrawal is envisaged.
COMPLAINTS AND RETURNS
For any complaint, please write to [email protected].
The consumer will have to demonstrate a willingness to replace a product considered to be non-complaint according to the following:
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 fax 049/5951182 and must clearly indicate:
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):
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.
The personal data required in each stage and regulated by this contract are collected and processed in order to carry out the service and may be passed on to third parts solely to enable the proper implementation of the ongoing business relationship or to support the business operations. In no case will be transferred to third parts for marketing purposes and/or promotional. Personal data will be used to send newsletters (the customer may decide to have his/her e-mail cancelled at any time), perform statistical and market researches, execute and manage the sale and purchase agreement concluded with the client and comply any legal / fiscal / accounting requirement related to it. The personal data communication is voluntary, but the failure in providing some of them prevents GaiaInterni to provide the requested services or to conclude the orders. GaiaInterni guarantees the respect of the rules on the processing of personal data, which is governed by the privacy code as for Legislative Decree n.196/2003. The customer has the right to revoke the consent to the processing of personal data at any time; a written notification to be sent to the registered address of "GaiaInterni". Holder of the treatment is Emmegi snc.
SAMPLES OF THE PRODUCTS
Photos of different products are acquired with great attention and care, making the shots with cameras and professional lights on original samples. Despite the extreme skill with which these images are processed, however, the finished product might present color variations depending on your environment and the surrounding lights.
APPLICABLE LAW AND VALIDITY OF THE TERMS AND CONDITIONS
These terms and conditions are intended to be applied to any user (or client) having a delivery address in the EU and extra EU countries.
These T&C are governed by the Italian law. The Terms and Conditions may be amended from time to time due to modifications in laws and regulations or other reasons.