General Condition of Online sale

1. Introduction
2. Definitions
3. Obligations of the buyer
4. Purchase order
5. Conclusion and validity 
6. Products availability and store credit (?). Shipment
7. Payments. Execution of the contract. Delivery terms
8. Customs, administrative and fiscal procedures
9. Approach of the company
10. Imputable appearance
11. Right of withdrawal
12. Guarantees for consumers and professionals.
13. Applicable law
14. Conciliation and competent court

1. Introduction

1.1. With these present general condition of online sale (GCOS), JG srl, VAT ID 04201840982, with registered office in Cazzago San Martino (Bs), via Pierre e Marie Curie, 2/4 (“Company"), regulates the commercials relations with navigators and buyers, as defined below, pursuant to electronic negotiation.

1.2. For anything not covered by this GCOS, please refer to Warning and Privacy.

2. Definitions

2.1.To the expressions, conventionally indicated with a capital letter (whether in the singular or plural form) must be given the following meaning:

2.1.2 Website: Internet Website reachable at the URL: www.Company.com

2.1.3. Buyer: Party that concluded the contract with the Company. Pursuant to the Italian Consumer Code (Legislative Decree n. 206/2005), is defined as consumer the physical person who acts for purposes unrelated to the entrepreneurial or professional activity possibly carried out (“Consumer”) and as professional the physical or legal person who acts in the exercise of their business or professional activity, in other words one of its intermediary (“Professional”). When in the present GCOS it refers to Buyer, it is intended both the Consumer and the Professional; otherwise, reference will be made to the interested Party (for example, the clause regarding the right of withdrawal can be exercised only by the Consumer);

2.1.4. Registration: the operation that involves the release of authentication credentials (“Identification Codes”), represented by a User ID (in the form of an alphanumerical code), which allow the access to the reserved area (login). Registration has the function of uniquely identifying the Buyer in case of purchases made over time and to allow better usability of the Site, also when accessing the reserved area.

2.1.5. Parties: Company and Buyer

2.1.6. Transaction: any transaction carried out electronically that involves the arising of obligations borne by the Parties.

2.1.7. Product: Good object of the single Transaction (electronic disposals). All the information related to the Products collected in related sheets could not be considered binding for the Company except in the forms and in the manner provided for by the GCOS. It is specified that the sheet contains the relevant data and information of the Products and that in case of particular needs it is the Buyer’s responsibility to ask the Company for additional information on the Products.

2.1.8. Contract: agreement for the purchase and sale of one or more Products concluded electronically between the Parties pursuant to these GCOS. The Contract is considered concluded in the place where the Company has its registered office

2.1.9. Navigator: Party that visits and browse on the Website, committing to comply with the rules set forth herein as far as it is concerned, even if he is not a Buyer

2.1.10. Price:

• the amount to be paid in the form of compensation for the purchase of the Product
• the Price indicated on the Product sheet is exclusively valid for the Consumers.
• For the Consumers, either residing or not in the European Union, the Price expressed in Euros and specified in the Product sheets, must be intended as inclusive of VAT, if due, without prejudice to the provision of Point 8 regarding charges deriving from importation.
• For the Professional, either residing or not in the European Union, the Price – to be understood net of any tax disbursement required by law and in particular VAT as well as the import charges referred to in Point 8 – is subject to specific negotiation with the Company, as per point 5 below.

2.1.11. Duties: additional charges borne by the Buyer for the purchase of the Product, such as, for example, shipping costs (which also include packaging). These Duties, however, are pointed out to the Buyer before the conclusion of the Contract.

2.1.12. Financial Intermediary: Party affiliated to the Company, by which the purchase can be done (such as PayPal, credit institution, bank, etc)

2.1.13. Delivery: for the purposes of exercising the powers provided for by the guarantees and the right of withdrawal shall be understood as such the receipt of the product object of the commerce, regardless of the subject (logistic or postal operator) who takes care of the related activities and materially carries out the Delivery to the Buyer.

3. Obligations of the buyer

3.1. The Buyer undertakes to:

• comply with the warnings and the GCOS;
• use the Website only to consult the Products and to send ordered;
• print and keep these GCOS
• enter truthful and correct data during the registration procedure on the Website and in further communications sent to the Company and to promptly update the data and information provided
• not to enter data of third parties and/or false and/or fictional
• to release the Company from any liability arising from the issue of incorrect fiscal documents due to errors relating to the data provided by the Buyer, being solely responsible for the insertion.

3.2. By placing the order and purchasing on the Website, the Buyer guarantees to be of age.

3.3. Without prejudice to compliance with the provisions above regarding the protection of the industrial and intellectual property of the Company, the Buyer undertakes to use the images on the Site for exclusive personal purposes, functional to the purchase of the Product, being banned the reproduction, publication and dissemination of the same for commercial purposes, without prejudice to the specific written agreement with the Company. It is understood that this prohibition is not applicable to social networks and portals that favour the sharing of images and comments (Facebook ®, Pinterest ®, etc.).

4. Purchase order

4.1. The Parties agree that the Buyer may place an order and complete the purchase, in the following ways:

4.1.1. consultation of the online catalogue and verification of the characteristics of the Products as described in the related sheets

4.1.2. selection of the single Product and the quantity to be purchased

4.1.3. possible continuation of the purchase session with further insertion of Products in the cart (“Back to catalogue” icon)

4.1.4. completion of the Product section and start of the procedure to complete the purchase (“Purchase” icon)

4.1.5. registration of the Buyer by filling in the form with the creation of the personal data, including the data for billing and shipping of the purchase.

4.1.6. The data will be treated in accordance with the Privacy. Once the personal data has been created, the Buyer can complete the purchase process by simply logging in, avoiding having to fill it in again, except for changes or additions;

4.1.7. Verification of the order summary, including shipping charges

4.1.8. Any modification or integration of the order

4.1.9. Electronic confirmation of the order in accordance with the instructions (“Send the Order” icon)

4.1.10. Depending on the payment methods chosen:

4.1.11. in case of payment by credit card or PayPal:

• payment of the Price (in addition to the charges specifies in the order summary), following the instruction and operations envisages
• receipt of emails confirming the successful outcome of the Transaction, with a summary of the order and other useful information, in addition to the GCOS in .pdf format;
• receipt of order acceptance confirmation emails with order summary and payment information, in addition to the GCOS in .pdf format;
• payment of the Price (in addition to the Charges specified in the order summary), following the instructions received.

5. Conclusion and validity

5.1. The Contract in concluded when the Company receives the payment required by the Transaction

5.2. The Professional may send an e-mail requesting for a quote for the purchase of the Products, indicating the model and quantity. The Contract is concluded upon receipt of the acceptance of the estimate, without modifications, sent by the Professional to the Company

6. Products availability and store credit shipment

6.1. The Consumer can purchase the Products indicated in the electronic catalogue available on the Website and in the quantity in stock. The Product Database is constantly updated by the Company.

6.2. In the event that the Product purchased by the Consumer is no longer present in the warehouse and not otherwise available from the Company within the terms referred to in Article 54 of Legislative Decree No. 206/2055, the Company undertakes to promptly report it to the Customer, who will have the right to ask the full refund of the amount paid for the purchase of the product, which must be made as soon as possible and in any case within 30 days

6.3. Shipping locations and approximate delivery times are specified on the “Shipping and Payment” page

7. Payments. Execution of the contract. Delivery terms

7.1. Any responsibility in relation to the correct debiting of the payment arranged through the optional systems on the Site other than Bank Transfer and to the processing of the related data (credit card) is exclusively attributable to the Financial Intermediaries and/or issuing institutions or which in any case manage the service.

7.2. The Company starts the execution of the Contract only upon full receipt of the Price and Charges envisaged by the Transaction, informing the Buyer at the time of the shipment of the Products.

7.3. The Company fulfils its obligations by delivering the package covered by the Contract to the courier which it use from time to time, in accordance with the chosen service as indicated on the Shipping and payments page.

7.4. Without prejudice to the rights in favour of Consumers, the Parties agree to attribute to the Delivery terms, possibly indicated on the Site, a non-essential nature for the purpose of completing the Contract, being considered merely indicative.

7.5. No responsibility can be attributed to the Company for delayed or non-delivery due to force majeure or fortuitous cause.

7.6. If the Delivery to the address indicated by the Buyer fails (for example, due to the Buyer's unavailability or unjustified refusal to collect the package), the Company reserves the right to charge the Buyer the shipping and return costs, deducting them from any refund due to the Buyer.

8. Customs, administrative and fiscal procedures

All levies, duties, taxes, licenses, authorizations, permits and any and all customs, fiscal and administrative fulfilment on which would depend the eventual importation and in any case the Delivery of the Product (with particular but not exclusive reference to countries not belonging to the European Union) must be considered to be the sole responsibility of the Buyer, who must act promptly to carry out the necessary obligations and pay the related payments.

9. Approach of the company

The Company reserves the right, at its sole unquestionable and discretion, not to accept Registration requests or to temporarily suspend or permanently prevent access to the Site and to place orders, including by revoking and/or disabling the Identification Codes of the Buyer who does not ensure sufficient guarantees of reliability in compliance with the GCOS, or who has defaulted on the same and/or any other contractual conditions that may be applicable, or who in any case has or is about to use abusively and/or in bad faith the Website. In evaluating the above measures, the Company will adhere to a criterion of good faith and reasonableness.

10. Imputable appearance

 10.1. The Buyer agrees to apply the principle of imputable appearance to the operations carried out through the use of the Identification Codes in any case attributable to its own activity and to the manifestations of will and/or consent expressed within the Site, by virtue of which the Buyer will always and in any case be liable for the use, even abusive, of the Identification Codes attributable to itself. The Company may therefore legitimately consider the Buyer, identified with the Identification Code attributable to itself, bound to all the aforementioned manifestations of will and/or consent.

10.2. The Buyer undertakes to adopt all necessary precautions to guarantee the secrecy and correct use of the Identification Codes. The Buyer will be solely responsible for any activity carried out through the use of the aforementioned Identification Codes.

11. Right of withdrawal

11.1. Only the Consumer has the right to exercise the right of withdrawal from the Contract in accordance with the provisions of the Italian Consumer Code (Legislative Decree No. 206/2005), Articles 64 and following, which entails the return of the sums paid by the Consumer at the time of the purchase. The right of withdrawal cannot be exercised by the Professional.

11.2. The right of withdrawal must be exercised by the Consumer by sending a communication to the e-mail address Company@company.com, within ten (10) calendar days from the reception of the Product (in the case of multiple delivery, from the date of delivery to which the Product refers).

11.3. The Product, whose substantial integrity (meaning also the packaging and any other material that is part of the package) is an essential condition for exercising the right of withdrawal, must be returned following the instructions received from the Company via email, within ten (10) working days following the exercise of the withdrawal.

In the event that all the above conditions have been met, the Company will refund the amount paid for the purchase of the returned Product as soon as possible and, in any case, within thirty (30) days from the date of receipt of the communication of the exercise of the right of withdrawal.

12. Guarantees for consumers and professionals.

12.1. Before the Products are marketed - they are subject to accurate control and verification procedures that almost completely exclude the presence of flaws and / or defects. 

12.2. Company asks the Professional to scrupulously check the status of the Product upon receipt and before being sold to the public. Any complaint relating to defects and / or defects of the Products must be forwarded to the Company, via e-mail with attached images of the Product highlighting the alleged defect and / or defect, strictly within eight (8) days of delivery, under penalty of forfeiture. Returns will not be accepted unless a previous written authorization from the Company, which will examine the returns to verify that the defect exists and only in this case, at its choice, will it replace or repair the Products recognized as defective. In any case, the costs and risks deriving from the return of the goods are the sole responsibility of the Professional. Any different guarantee, including legal guarantees, and any other provision envisaged by the legal system in favour of the Professional must be considered excluded and superseded by these Conditions.

13. Applicable law

Without prejudice to the Consumer's right to enjoy the rights provided for by its own legal system, the GCS and all the Contracts concluded online on the Site, with Consumers or Professionals, are exclusively governed by Italian law.

14. Conciliation and competent court

For all disputes arising from the Contracts concluded online, the Transactions and the ECGV, including those relating to their existence, effectiveness, interpretation, the Company and the Professional, before referring to the competent judicial authority, will rely on the conciliation service governed by the regulation of the Conciliation Service of the Brescia Chamber of Commerce, which they declare to know and fully accept. With regard to Professionals only, if the conciliation has not been successful or has not been started or concluded due to the inertia of the Professional, the exclusive jurisdiction for all disputes relating to Transactions and / or Contracts is that of the Company's registered office.