General Terms and Conditions of Purchase

Introduction

This document describes the conditions governing the use of this website and the purchase of available products. Please read the Terms and Conditions, the Cookie Policy, and the Personal Data Protection Policy carefully before accessing or using the website's services.

By using the site or placing an order through it, you accept the Terms and Data Protection Policies stated herein. If you do not agree with these terms, please do not use the site. For any requests, clarifications, or questions regarding the Terms or Data Protection Policies, you can contact us through the appropriate contact form.

Our data

The sale of products through this site is managed by Gesco Trading S.r.l., with registered office in Interporto Lotto D 219/222 SNC, 80035 Nola (NA); Tax Code and VAT Number: 06416281217; REA Number: NA-814081; Share Capital: €1,100,000. Contact details are available in the "Contacts" section of this site.

Your data and your access to our website

The personal data and information provided by the user will be processed in accordance with the Data Protection Policies. By using the site, the user authorizes the processing of such information, declaring that all information and personal data communicated are true and accurate.

Use of our website

By using our website and/or placing orders through it, you agree to:

1. Use the site exclusively for consultations or for making legitimate purchases;
2. Not place false or fraudulent orders. If we have reasonable grounds to suspect that an order is fraudulent, we reserve the right to cancel it and report the incident to the competent authorities;
3. Provide us with accurate and truthful information regarding your email address, postal address, and/or other contact details. Furthermore, you consent to our use of this information to communicate with you.

Should you not provide all the necessary data, we will not be able to proceed with your order. By placing an order on this site, you declare that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.

Procedure for concluding the contract

The information provided in these Conditions and the details on this website do not constitute a public offer, but merely an invitation to make a contractual proposal. No contract will be established between us and you for the purchase of any products until your order is explicitly accepted by us. In the event that your proposal is not accepted and you have already made a payment, the amount paid will be fully refunded to you.

To place an order, you must follow the online purchase procedure and click on "Authorize payment". Subsequently, you will receive an email confirming receipt of your order (the "Order Confirmation"). It is important to note that this confirmation does not imply acceptance of the order, as it represents a proposal from you to purchase one or more products. Each order will be subject to our approval, which we will notify you of via a confirmation email indicating that the order has been shipped (the "Shipping Confirmation").

The purchase contract will only be considered concluded when we send you the Shipping Confirmation. Only the products indicated in that confirmation will be included in the contract. We will have no obligation to supply you with products that have not been ordered, unless they are confirmed in the Shipping Confirmation as shipped.

Product availability

All orders are subject to product availability. In case of supply problems or if the requested items are not in stock, we reserve the right to offer substitute products of equal or higher quality and value. You will have the option to decide whether to proceed with the purchase of these substitute products. In the event that you do not wish to order such products, we will refund the entire amount already paid to you.

Refusal to process an order

We reserve the right to remove any product from this website at any time and/or to modify or delete any material or content present. Although we strive to fulfill all orders, extraordinary circumstances may arise that force us to refuse to process an order after the Order Confirmation has been sent, and we reserve the right to do so at any time.

We will not be liable to you or any third party for the removal of products from the site, the modification or deletion of site materials or content, or for the failure to process an order after the Order Confirmation has been sent.

Delivery

Notwithstanding the provisions of the preceding article 7 and save in exceptional circumstances, we undertake to do everything possible to dispatch the order for the product(s) indicated in the relevant Shipping Confirmation within 5 working days from the date of the Order Confirmation (except in the case of payment by bank transfer), and in any case within a maximum of 30 days from the date of the Order Confirmation.

However, delays may occur due to factors such as product customization, unforeseen circumstances, or delivery location. If, for any reason, we are unable to meet the delivery times, we will inform you promptly and offer you the options of continuing the purchase with a new delivery date, or cancelling the order, with a full refund of the amount already paid.

Please note that deliveries are not made on Saturdays and Sundays.

For the purposes of these Conditions, "delivery" shall be deemed to have occurred when you or a third party indicated by you acquires physical control of the products, as evidenced by the signing of the order receipt at the agreed shipping address.

Shipping costs are to be calculated based on the packages generated by the order. For orders over €1000 + VAT, shipping is free. This offer is not valid for the Incarti catalog.

Inability to deliver

In the event that we are unable to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be returned to our warehouse. In this case, we will leave you a notice indicating where your order is located and how to arrange a new delivery.

If you are unable to be present at the time of delivery, please contact us to arrange a new delivery date.

If delivery cannot take place due to reasons beyond our control and 30 days have passed since the date your order was available for delivery, we will consider the Contract terminated. In such a case, we will refund all amounts paid by you, including delivery costs (excluding any additional costs resulting from your choice of a delivery method other than the ordinary one offered by us), without undue delay and, in any case, within 14 days of the termination of the Contract. Please note that transport costs resulting from the termination of the contract may be borne by you.

Transfer of risk and ownership of the products

The risk of the products will pass to you upon their delivery. Ownership of the products will pass to you as soon as we have received full payment of all amounts due, including shipping costs, or, if delivery occurs later, upon delivery itself (as defined in the previous article).

Price and payment

The price of the products will be that indicated from time to time on our website. In the event that we find errors in the price of the products you ordered, we will inform you as soon as possible and offer you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be cancelled and the full amount paid will be refunded to you.

The prices indicated on the website exclude VAT and shipping costs, which will be added to the total amount to be paid, as specified in our Purchase Guide. Prices may change at any time; however, unless otherwise specified, changes will not apply to orders for which we have already sent an Order Confirmation.

Payment can be made with Visa, Mastercard, PostePay, American Express credit cards, PayPal, or by bank transfer. Once we receive your order, we will pre-authorize your credit card to verify that there are sufficient funds to complete the transaction. Your card will be debited when your order leaves our warehouses. If payment is made via PayPal, the debit will be made upon order confirmation. By clicking on "Authorize Payment", you confirm that the credit card is yours.

Credit cards will be subject to verification and authorization by the issuing entity. In the event that the issuing entity does not authorize payment, we will not be responsible for any delays or non-delivery and will not be able to proceed with the conclusion of the Contract.

Guest purchase

It is not possible to purchase products as a guest on this site. To complete a purchase, you must register as a user, providing your email, company VAT number, company name, first and last name, company role, phone number, and a password.

VAT (Value Added Tax)

In accordance with current regulations, every purchase made through the website will be subject to Value Added Tax (VAT).

Return Policy

If you are purchasing as a consumer, you have the right to withdraw from the Contract within 5 days of receiving the goods. The withdrawal period expires 5 days from the date on which you, or a third party designated by you (excluding the carrier), physically acquire possession of the goods, or, in the case of goods ordered in a single order but delivered separately, it expires 5 days from the date on which you or a third party designated by you physically acquire possession of the last good.

We invite you to check the integrity of the package upon delivery with the courier. If the package is damaged or sealed with adhesive other than that of Gesco Trading SRL, you must make a reservation for inspection on the carrier's copy. Goods travel at the risk and expense of the client when sold ex works from our premises. Any complaints must be submitted within 5 days of receiving the goods.

To exercise the right of withdrawal, you must inform us in writing by sending an email to pasquagesco@gescocis.com. Every return must be authorized by the company in writing.

If you decide to withdraw from the Contract, we will refund all payments made, including delivery costs (except for additional costs arising from your choice of a delivery type other than the least expensive standard delivery offered), without undue delay and in any case not later than 5 days from the day on which we send you the return authorization and acceptance communication. The refund will be made using the same payment method you used for the purchase. In any case, you will not incur any costs for such reimbursement.

However, reimbursement may be suspended until receipt of the goods or until proof that you have returned them, if earlier. You must send back the goods without undue delay, and in any case within 5 days from the day you receive the return authorization. The deadline will be considered met if the goods are shipped before the expiry of the 5-day period. The direct costs of returning the goods will be borne by you.

You will be responsible for any diminished value of the goods resulting from handling of the product other than what is necessary to establish the nature, characteristics and functioning of the goods. No refund will be given if the product has been used beyond opening or if it has been damaged. Please return the item, including the original packaging, instructions, and other documents, if any, in the package.

Responsibility and Disclaimer

Except as otherwise provided in these Conditions, our liability for products purchased on our website will be limited exclusively to the purchase price of the product in question. However, our liability will not be excluded or limited in the following cases:

• a) In case of death or personal injury resulting from our negligence;
• b) In case of fraud or fraudulent activity;
• c) In any situation where it is illegal or unlawful to exclude, limit or attempt to limit our liability.

Notwithstanding the foregoing paragraph, and to the extent permitted by current legislation, we assume no liability for indirect damages, including:

1. Loss of profits;
2. Loss of turnover;
3. Loss of expected earnings or contracts;
4. Loss of anticipated savings;
5. Loss of data;
6. Wastage of administrative time.

Attention! Errors may occur in product measurements. Photos on the website are for illustrative purposes. We apologize in advance for any variations.

In the event that you are purchasing as a consumer or user, we undertake to deliver products that comply with the Contract, and we are responsible for any lack of conformity at the time of delivery.

Products are considered to be in conformity with the Contract if: (i) They correspond to the description provided and possess the qualities described on the website; (ii) They are suitable for the purposes for which goods of the same type are normally used; (iii) They show the quality and characteristics which are normal in goods of the same type and which the consumer can reasonably expect.

To the extent permitted by law, we exclude all warranties, except for those that cannot be lawfully excluded for consumers and users. These provisions do not limit consumer rights provided by current legislation nor the rights of withdrawal from the Contract.

Intellectual Property

You acknowledge and agree that all copyrights, trademarks, and any other intellectual property rights relating to materials or content on the website are our property or the property of those who have granted us the rights to use them. You may use such material only in the ways for which you receive explicit authorization from us or from those who have granted us the rights of use. However, this does not preclude the use of the website for copying information related to your order or your contact details.

Viruses, piracy, and other cyberattack risks

You undertake not to misuse the site, avoiding the introduction of viruses, Trojans, worms, logic bombs or other programs and materials that could damage the technology. Without authorization, you must not access the website, nor the servers on which it is hosted, nor other servers, computers or databases connected to our site. Furthermore, you undertake not to carry out DoS attacks against our site. Failure to comply with these provisions could constitute a violation of applicable regulations.

In the event of a violation of these rules, we reserve the right to inform the competent authorities, with whom we will collaborate to identify those responsible for the attack. Furthermore, in case of non-compliance with the provisions of this article, your authorization to use the site will be immediately revoked.

To the extent permitted by law and in compliance with fundamental consumer rights, we disclaim all liability for damages or losses resulting from DoS attacks, viruses, or other programs or materials that may cause damage to your computer, IT equipment, data or materials, as a result of using our website or downloading content from it.

Links from our website

In the event that our site contains links to third-party pages or materials, such links are provided for informational purposes only. We have no control over the content or materials on these sites or pages. Consequently, we disclaim all liability for any damages or losses arising from the use of such links.

Written Communications

Applicable law stipulates that certain information or communications we send to you must be in writing. By using this website, you accept that most communications with us will be in electronic format. We will contact you via email or by providing information through specific notices published on the website.

For contractual purposes, you consent to the use of this electronic means of communication, acknowledging that all contracts, notices, information, and other communications we provide electronically satisfy the legal requirement that such communications be in writing. This provision does not in any way limit the rights provided by current legislation.

Assignment of rights and obligations

The Contract between you and us is binding on both you and us, as well as on our respective successors and assigns. You are prohibited from transferring or assigning the Contract in any way, or any of the rights or obligations arising therefrom, without our prior written consent.

We shall have the right to transfer, assign, sub-contract or freely dispose of the Contract in any way and at any time, or of any right or obligation arising therefrom. For the avoidance of doubt, any transfer, assignment, sub-contract or other acts of disposition of the Contract shall not have any impact on your rights as a consumer or diminish, reduce or limit in any way any of the guarantees or responsibilities offered by us, explicitly or implicitly.

Force majeure

We shall in no way be liable for non-performance or delays in the performance of any of the obligations under the Contract caused by events beyond our reasonable control (“Force Majeure Events”). Force Majeure Events mean any act, event, non-occurrence, omission or accident beyond all reasonable control; this expression includes, by way of example and not limitation, the following:

1. Strikes, lock-outs or other industrial action;
2. Riots, civil unrest, invasion, terrorist attacks or threats of terrorist attacks, war (declared or not), or threats of war;
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
4. Impossibility of using railways, sea freight, air transport, motor transport or other means of public or private transport;
5. Impossibility of using public or private telecommunications networks;
6. Acts, decrees, laws, regulations or restrictions of any government;
7. Any strike, disaster or maritime, postal or other relevant transport accident.

It is understood that the performance of the obligations under the Contract shall be suspended for the entire duration of the Force Majeure Events. We shall be granted an extension for the performance of the Contract equal to the duration of such period. It is understood that, even pending Force Majeure Events, we will endeavor to find a solution through which to comply with our contractual obligations.

Waiver

In the event that, during the performance of the Contract, we do not insist on the exact fulfillment of one of your obligations, or of one of the obligations set out in these General Conditions, or if we fail to exercise one of the rights or actions to which we are entitled under the Contract or these General Conditions, this shall not constitute a waiver of such rights or actions, nor shall it release you from the fulfillment of the related obligations. Our eventual tolerance with respect to your non-performance cannot be considered a waiver to act in the event of subsequent non-performance. No waiver by you of any of your obligations under the Contract or the General Conditions shall be valid unless communicated in writing, in accordance with the provisions of Articles 19 and 20 above.

Partial invalidity

In the event that any part of the General Conditions, or any provision of the Contract, is deemed invalid, unlawful or unenforceable by the competent authority, such article, clause or provision shall be deemed not written, while the remaining provisions shall continue to remain valid and enforceable to the maximum extent permitted by law.

Integrity of the contract

These General Conditions, together with any document to which they expressly refer, constitute the entire agreement between you and us in relation to the subject matter of the Contract, replacing any previous agreement, understanding or undertaking, whether oral or written, between the parties. Both parties acknowledge that, in signing the Contract, neither has relied on statements, commitments or promises made by the other party, or deducible from communications or negotiations prior to the Contract, but exclusively on what is expressly indicated in these Conditions. Both parties shall have the right to remedy any false statements made by the other party, whether orally or in writing, before the date of the Contract (unless such false statement was made fraudulently), and the only legitimate actions that the other party may take will be those for breach of the Contract, as provided for by these Conditions.

Right to modify the following conditions

We reserve the right to modify and update these Conditions at any time. You will be subject to the General Conditions in force at the time of placing the order, unless a modification of the General Conditions or Data Protection Policies is necessary to comply with the law or at the request of a governmental authority, in which case such modifications will also apply to orders already placed.

Applicable law and jurisdiction

The use of our website and contracts for the purchase of products through the site are governed by Italian law. For any dispute arising from the use of the website or relating to such contracts, the court of Nola will have jurisdiction. However, if you are entering into the Contract as a consumer, this clause does not prejudice the rights that the law grants you as a consumer.

Comments and suggestions

Your comments and suggestions are always appreciated. We invite you to send them via our contact form. If, as a consumer, you believe that your rights have been violated, you can send your complaints to the e-mail address pasquagesco@gescocis.com, in order to seek an out-of-court settlement of the dispute. If the purchase between you and us was made online through our website, we inform you that, in accordance with EU Regulation no. 524/2013, you have the right to request an out-of-court resolution of consumer disputes through the website http://ec.europa.eu/consumers/odr/

These general conditions apply from 01/12/2024.