These Conditions of Sale concern the offer and sale of products and services from a remote position.
Seller: the company GIMOTO S.r.l.
Client: the party identified from the data entered upon completing and sending the order form, with simultaneous acceptance of these Conditions of Sale.
The Client stipulates the contract to buy the Product by filling in the order form and sending it to the Seller following the relevant instructions. The Client can only purchase the Products offered, at the price specified there, following the procedure indicated on the Website. When the Client places an order, at least the following information must be supplied: name, address, e-mail, delivery and billing address, telephone and any data relating to the means of payment used.
The Website has a technical data sheet available for each Product, containing their main characteristics and technical specifications. The image provided with each technical sheet describing the Product may not be a perfect representation of its characteristics; colours and sizes may vary and the product may not include accessories, which are instead shown in the image. Changes can be made at any time with no obligation by the Seller to provide notice of such. The Seller refuses all liability for any imprecision relating to the Product sheets, insofar as they are provided for information only.
Acceptance of the Conditions of Sale
The Client accepts the Conditions of Sale and payment described in this document unconditionally and undertakes to comply with them in all relations with the Seller; he further declares that he has read and agrees to all instructions given him and acknowledges that the Seller will not be bound by any different conditions unless agreed in advance, in writing. By submitting an order, the Client also confirms that he is aware of and accepts the provisions of the sections Disclaimer & Conditions of Use, Privacy, Conventional Guarantee, Delivery and Returns of the Website.
Retail Prices, Taxes and Duties
English version of the web site GIMOTO.COM for International Customers: All prices given are not included of VAT for country outside European Union and are in Euros. Prices may change with no obligation to provide notice of such.
These prices do not include shipping costs and any extra costs resulting from the implementation of custom clothes or custom colors.
For products delivered in the country outside the European Union, the price is not included VAT and to be considered net of indirect taxes, net of any customs duties ,and any other sales tax.
Method of Payment
The Client can pay for the Products purchased and all related delivery costs in any of the ways specified on the Website (credit card, PayPal and bank transfer).
Except in cases of wilful negligence or misconduct, the Seller shall not be held liable for any direct, indirect or consequential damages that could not be foreseen at the date of stipulating these Conditions of Sale, suffered by the Client or third parties in connection with the services it provides and/or for any damages of any type.
The Seller has the right to suspend or interrupt connection to the Website at any time for technical reasons or for reasons connected with the efficiency and security of the services. The Seller shall not be held liable for the consequences of any such interruptions or suspensions.
Warranty covering non-compliant products - Conventional Guarantee
The Products purchased on the Website are subject to warranty regulations, pursuant to Directive 44/99/EC and Italian Legislative Decree no. 206/2005.
The Seller guarantees the Consumer Client that the Products will be free from design and material flaws and compliant with the descriptions published on the Website. Warranties will be invalidated if the Product is used or washed in a manner that is not appropriate for the Product or in line with the instructions/warnings given in this respect by the Seller and/or Gimoto, or as specified in the reference presentation material, on the tags or on the labels. Warranty shall apply to any Product seen to have conformity flaws and/or malfunctions that could not be seen at the time of purchase, as long as the Product has been used correctly and with due diligence and, therefore. This warranty shall not apply in the case of negligence or lack of care in Product use and maintenance.
The Seller must be informed of any non-conformity of Products within 2 (two) months of discovery (terms established by the Consumer Code); please do so by completing the ONLINE RETURN form (available from the personal account or which can be requested by emailing firstname.lastname@example.org. The Client must attach this when returning the non-compliant Product, together with a copy of the confirmation of order e-mailed by the Seller, or the invoice. The Seller may also ask the Client to e-mail photographs showing the nonconformity claim made.
The Seller will contact the Client to organise the courier collection of the non-compliant Product and handle the following stages on behalf of the Seller.
The time required to repair or replace the Product will depend exclusively on the individual manufacturers. No damages can be claimed from the Seller or Gimoto for any delays in making the repair or replacement.
Even if allegedly non-compliant, at the time it is returned to the Seller for repair or replacement, the Product must be complete with all packaging and documents received by the Client at the time of purchase.
If the Product should not be found to have a conformity flaw, the Client may request an estimate for its repair/restoration in exchange for payment.
If the Product sold had been made-to-measure or personalised, the legal guarantee described in this Article shall not apply with reference to the characteristics of the Product developed in fulfilment of the instructions given by the Client (e.g. length, width, colour, etc.),The product has its own specific and fit according to the custom and dedicated destination. The customer can not apply the rules of the guarantee since it is the company itself to decide for each product / head fit.
Right to Withdraw
Articles 52 et seq. of the Consumer Code establish that the Client - only where said Client is a Consumer - shall, with no need to provide any reason for the choice, have the right to withdraw from the purchase made. As an exception to the terms of law, the Seller extends the terms within which to exercise a right to withdraw from the on-line contract of sale to 30 (thirty) days from the date on which the Product is delivered; this means that within these terms, the Product can be returned and expenses refunded, in compliance with the methods set out below.
The right to withdraw is subject to the following conditions:
- the right is reserved to Consumers and therefore does not apply to professionals and businesses and cannot be exercised if the Client had requested the issue of an invoice with a VAT number;
- the right applies to the whole Product and not parts or components of such;
- in the event of prizes or promotional sales, in which the purchase of one item is connected with another sold at a negligible price (or even free of charge), the right to withdraw may be lawfully exercised with the return of both Products purchased (given the restriction of the item under special offer only being available with the purchase of the other item);
- in accordance with Art. 59, paragraph 1, letter c) of the Consumer Code, if the Product sold has been made-to-measure or clearly personalised for the Client, he shall have no right to withdraw.
In order to exercise his right to withdraw, the Client must:
- if the Client express his desire to withdraw from the on-line contract of sale within 30 (thirty) days of the date on which he received the Product, by mail the withdrawal model attached to the Consumer Code;
At the same time as submitting notice of withdrawal, the Client must act to return the Product to the Seller. The Product must be delivered within 30 (thirty) days of notice by the Client and the costs incurred by the Client for returning the Product shall be at the Client's expense.
The Product must be returned intact and packaged in its original packing, complete with all accessories. If use/handling of the Product should be seen by the Client, will be liable for the consequent deterioration in value.The Seller will withhold this amount when refunding the price.
The Client shall be unable to exercise his right to withdraw if the following is ascertained:
- use of product
- lack of original packaging and/or packing;
- lack of all elements comprising the Product (accessories, tags, labels, information notes, etc.);
- substantial damages to the Product for causes other than transport.
Iff the Client should wish to exchange the Product purchased in exercising his right to withdraw (different size, model, etc.), delivery costs for returning the Product to the Seller shall be paid by the Client.
Information and Claims
The Seller can be contacted at the following e-mail address for any requests for clarification or claims: email@example.com
Order Cancellation by Seller
The Seller reserves the right to refuse or cancel an order or Product that is part of an order if any situation should arise that may cause suspicion of credit card fraud.
Applicable Law and Court of Jurisdiction
The contract of sale stipulated by the Seller and the Client, which stems from the acceptance of any order placed via the Website, will be governed by Italian law.
Any dispute relating to the validity, interpretation or fulfilment of these Conditions of Sale and the contract of sale shall be submitted to the exclusive territorial jurisdiction of the Court of Milan, without prejudice to the application of Art. 66-bis of the Consumer Code.