Terms of sale

General conditions of sale, in force since 09/12/2022.

 

FOREWORD

 

This information is provided for the https://en.vgasser.it/ (website).

 

Seller's details: V. Gasser K.G. des Christian Gasser & Co., Via Centrale 44 - 39031, Brunico (BZ) Italy, Chamber of Commerce Bolzano, VAT No. IT01188020216, Email: info@vgasser.it (seller).

 

Art. 1 Scope of application

 

1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Website. 

 

1.2 If the Website allows it, entering your tax number at the time of purchase means that you are acting as a consumer within the meaning of Article 3(1)(a) of the Consumer Protection Act (Legislative Decree No. 206 of 6 September 2005). Please note that a natural person acting for purposes not related to the exercise of a business, commercial, professional or artisanal activity is a consumer. If, on the other hand, it is possible to provide a VAT identification number (one's own or that of a legal entity), the purchase is made as a "trader" within the meaning of Article 3, paragraph I, letter c) of the Consumer Code. A professional is a natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or an intermediary of such activity. The implications of purchasing as a consumer and not as a professional are described later in this document.

 

1.3 The stated deadlines are working days, i.e. excluding Saturdays, Sundays and public holidays. The pictures and descriptions on the Website are to be understood as purely indicative. However, the colors of the Products may differ from the actual colors due to the settings of the computer systems or computers you use to view the Products. 

 

1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new terms and conditions shall apply from the date of their publication on the Website. You are therefore requested to visit the Website regularly and consult the most recent version of the General Terms and Conditions of Sale before making a purchase.

 

1.5 The General Terms and Conditions of Sale in force on the day the order is sent shall apply.

 

1.6 These General Terms and Conditions of Sale do not apply to the sale of products and/or services by parties other than the Seller that can be found on the Website via links, banners or other hypertext links. 

 

1.7 Before entering into transactions with such parties, their terms and conditions of sale must be reviewed. 

 

1.8 Seller is not responsible for the provision of services and/or the sale of products by such parties. 

 

1.9 The Seller does not control and/or monitor the websites accessible via these links. The Seller is therefore not responsible for the content of these sites or for any errors and/or omissions and/or infringements by these

 

1.10 You must carefully read these General Terms and Conditions of Sale and all other information provided by the Seller on the Website.

 

1.11 Unless otherwise agreed with the Seller, it is not possible to place orders on the Website by e-mail. The Seller does not accept telephone orders unless otherwise agreed with the Customer.

 

1.12 The entirety of all elements of the Website is the property of the Seller or third parties. It is prohibited to reproduce, distribute, publish, transmit, modify or sell the content of the Website, in whole or in part, unless expressly authorized in writing by the Seller. 

 

1.13 In no event shall the Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of earnings or other indirect loss resulting from your use of or inability to use the Website. The Seller cannot guarantee or warrant: (i) that the Website is free of viruses or programs that may corrupt data; (ii) that the information contained on the Website is accurate, complete and up-to-date.

 

Art. 2 Purchases on the website

 

2.1 To make purchases on the Website, it is necessary to follow the procedure on the Website itself and enter the data requested from time to time. The contract is concluded when the order reaches the server of the seller.

 

2.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or unauthorized disclosure of your access data for the Website. 

 

2.3 You warrant that the information you provide is complete and true, and you agree to indemnify the Seller against any damages, indemnification obligations and/or penalties arising from and/or in any way related to any breach of this obligation. You agree to notify the Seller immediately if you suspect or become aware of any misuse or unauthorized disclosure of your access information for the Website.

 

2.4 The Seller reserves the right to refuse orders from Users who have violated these General Terms and Conditions of Sale or legal regulations in the past.

 

2.5 To place orders on the website it is not necessary to accept these General Conditions of Sale. In any case, the sending of the order shall be deemed acceptance of this document.

 

2.6 On the Site: (i) no alcoholic products are sold; (ii) no adult products are sold; (iii) no food products are sold.

 

2.7 After the purchase, you will receive an email confirming the order.

 

Art. 3 Availability of the products

 

3.1 The products offered on the Website are limited in number. It may therefore happen, also due to the possibility that several users buy the same product at the same time, that the ordered product is no longer available after the order has been submitted.

 

3.2 On the website information about the availability of the products are available.

 

3.3 You will be informed if the ordered product is not available. In this case, you are entitled to terminate the purchase contract. However, please note that the Seller reserves the right to perform these actions before accepting the termination of the contract:

• The Seller offers a discount voucher that can be used for purchases on the Website. The amount of the discount voucher, the period during which it can be redeemed and any restrictions will be announced by the Seller from time to time.
• If restocking is not possible, the seller will deliver another product of equal or higher value, in the latter case the difference must be paid and the user must explicitly accept this.

 

 

3.4 If a refund is requested for the purchase of Products that subsequently prove to be unavailable, the Seller shall make the refund within a period not exceeding 10 days. 

 

3.5 If you exercise your right of termination, the contract will be terminated. If you exercise your right of termination, the contract will be terminated; if the payment of the total amount due, which consists of the price of the Product, possible shipping costs and other additional costs arising from the order (total amount due), has already been made, the Seller will refund the total amount due in accordance with the provisions of the article "Payment methods" infra below.

 

Art. 4 Prices

 

4.1 On the website the prices include VAT.

 

4.2 In addition, on the website the prices do not include the WEEE contribution, since products are sold that are not subject to WEEE regulations.

 

4.3 The Seller reserves the right to change the price of the Products at any time and without notice, provided that the price charged to you is the price indicated on the Website at the time of the order and that any changes (upwards or downwards) after the order has been submitted will not be taken into account.

 

4.4 You shall bear the shipping costs of the Products, unless otherwise specified.

 

4.5 The Seller will not ship the Products until it has received confirmation that payment has been authorized or the total amount due has been credited. Title to the Products shall pass to You at the time of shipment, which shall be deemed to be the time of delivery of the Product to the carrier. In contrast, the risk of loss or damage to the Products for reasons not attributable to Seller shall pass to you when you or a third party designated by you, other than the carrier, takes physical possession of the Products.

 

4.6 The purchase agreement will be cancelled if the total amount due is not paid. Unless otherwise agreed with you in writing, the order will be cancelled accordingly.

 

Art. 5 Payment methods

 

5.1 This article describes the payment methods available on the Website.

 

5.2 You can make purchases on the Website using payment cards. The debit will only take place after (i) the details of your payment card used for the payment have been verified and (ii) the issuer of the payment card used by you has granted the debit authorization. Pursuant to Directive 2015/2366/(EU) on Payment Services in the Internal Market (PSD2), you are hereby informed that you may be required to complete the purchase transaction by meeting the authentication criteria required by the payment institution in charge of processing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the website at the time of the purchase transaction) and the contextual knowledge of the authentication code provided by the payment institution (strong customer authentication). Failure to comply with the above procedure may result in the inability to complete the purchase on the Website. The confidential data of the payment cards (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the seller. Therefore, the Seller never has access to the data of your payment card used to pay for the Products, nor does it store them, even if you choose to store such data on the Website.

 

5.3 On the website it is possible to pay by bank transfer.

 

5.4 It is possible to pay cash on delivery on the Website. This means of payment may be subject to an additional fee, which will be indicated from time to time on the Website as part of the purchase process. It is possible that cash on delivery is limited to orders exceeding a certain amount: In this case, the Seller will provide a notice to this effect on the Website or as part of the purchase process.

 

5.5 It is not possible to complete the purchase on the Website by entering discount codes, coupons or vouchers.

 

5.6 Any alternative arrangements that differ from the above are or will be described in this article. 

• As of the date of publication of these Terms of Sale, the Seller does not use alternative payment instruments (e.g. cryptocurrencies or services such as PayPal).

 

 

Art. 6 Delivery of the products

 

6.1 Delivery of the products is scheduled in: Europe.

 

6.2 The delivery obligation is fulfilled by giving you physical availability or otherwise control of the product.

 

6.3 Delivery time of the products from the transmission of the order: 10 days.

 

6.4 The term under Art. 6.3 is to be understood as an indication and not as a mandatory provision. The Seller therefore reserves the right to deliver the Products within a period of 30 days after the order. It is up to you to check the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product for reasons not attributable to the Seller shall pass upon physical possession of the Product by you or a third party designated by you other than the carrier, the Seller recommends that you, check the number of Products received and make sure that the packaging is intact, undamaged, not wet or altered in any way, including the sealing material, and you are requested, in your own interest, to note any anomalies on the carrier's transport document and accept the package with reservation. If the package shows obvious signs of tampering or alteration, the seller must be notified immediately. 

 

6.5 With respect to the possibility of requesting delivery of the Products at a "pick-up point", the Seller informs you that you have the option to pick up the Product at a pick-up point in accordance with the options and methods available on the Website and/or during the purchase process, provided that such method is available for the Product you have chosen. You will be notified promptly when the Product is available for pickup at your selected pickup location. If you fail to fulfill your obligation to pick up the Product, the Purchase Agreement shall be deemed terminated by operation of law, unless otherwise agreed. As a result of the cancellation, the order will be canceled and the Seller will refund the total amount paid by you, less shipping costs. The mere failure to pick up the Product shall not be construed as the exercise of any right of cancellation and shall not entitle you to a full refund of the amounts paid for the purchase of the Product.

 

Art. 7 Right of withdrawal

 

7.1 Please read this article, which regulates the right of withdrawal, particularly carefully.

 

7.2 The right of withdrawal is the consumer's right to dissolve the purchase contract without having to give a reason. If you have purchased as a trader, the right of withdrawal does not apply unless you have agreed otherwise with the seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full. 

• Customized or clearly personalized goods are sold on the website. If you act as a consumer, the following rules for the right of withdrawal do not apply due to special legal provisions. If this were not the case, the seller could not resell a product made specifically for you.

 

 

7.3 If you are a consumer (and in this regard there is no exclusion in this sense), you have the right to withdraw from the contract for the purchase of the product within a period of fourteen calendar days (withdrawal period) without giving any reason and without incurring any costs other than those provided for in this article. To exercise the right of withdrawal, you must inform the seller of your decision to withdraw before the expiry of the withdrawal period. For this purpose, you may write to the Seller through the contact persons indicated in the Preface or use the contact form on the Website. You have exercised your right of withdrawal within the withdrawal period if the notification of the exercise of the right of withdrawal was sent by you before the expiry of the withdrawal period. Unless otherwise agreed, you shall bear the direct costs of returning the goods and the responsibility for transporting the goods. If the right of withdrawal is exercised, the product must be delivered to the registered office of the seller or to another address notified by the seller. The withdrawal period expires after 14 days:

 

• in the case of an order for a single product, from the date on which you or a third party designated by you, other than the carrier, takes physical possession of the products;
• in the case of a multiple order with separate deliveries, from the date on which you or a third party designated by you, other than the carrier, takes physical possession of the last product; or
• in the case of an order for delivery of a product consisting of several lots or pieces, from the day on which you or a third party designated by you, other than the carrier, takes physical possession of the last lot or piece.

 

7.4 If the withdrawal from the contract applies, the seller shall repay you the total amount due, including delivery costs, without undue delay and no later than within 14 calendar days from the day on which he became aware of your decision to withdraw from the contract. For this repayment, we will use the same means of payment that you used for the original transaction. If the products are returned by a carrier of the consumer's choice and at the latter's expense, the seller may suspend the refund until it has received the products or until it has been proven that the products have been returned, whichever is earlier. The consumer shall only be liable for any diminution in the value of the product resulting from handling the product beyond what is necessary to ascertain the nature, characteristics and functioning of the product. In any case, the product must be stored, handled and inspected with the usual care and must be returned intact, complete in all its parts, in perfect working order, with all accessories and display sheets, with the identification plates, labels and one-way seals, if any, still attached to the product, intact and not tampered with, and perfectly suitable for the intended use and without signs of wear or dirt. In addition, the revocation applies to the entire product. It can therefore not be exercised in relation to parts and/or accessories of the product. In the event that the product for which the right of withdrawal has been exercised has suffered a loss in value due to handling of the product that goes beyond what is necessary to establish the nature, characteristics and functioning of the product, the Seller reserves the right to deduct from the refund amount an amount equal to this loss in value. The Seller shall inform about this circumstance and the resulting reduction of the refund amount upon receipt of the Product and, if the refund has already been paid, shall provide the bank details for payment of the amount owed by the User due to the depreciation of the Product. If the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not result in a refund. 

 

7.5 This article regulates a very important area, namely the cost of return in the event of withdrawal.

 

In view of the above, the Seller deems it appropriate to inform you that the cost of returning the Product will be borne by you.

 

Article 8 Legal conformity guarantee

 

8.1 The legal guarantee of conformity is reserved for the consumer. It therefore applies only to users who have made a purchase on the website for purposes not related to an entrepreneurial, commercial, artisanal or professional activity.

 

8.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product which is discovered within two years after delivery. A claim for defects which the Seller has not intentionally concealed shall in any case be time-barred within twenty-six months after delivery of the goods.

 

8.3 Until proven otherwise, conformity defects which become apparent within twelve months after delivery of the product shall be presumed to have existed at that time, unless this presumption is incompatible with the nature of the product or the nature of the conformity defect. From the twelfth month after the delivery of the product, it is instead up to the consumer to prove that the conformity defect already existed at the time of delivery of the product.

 

8.4 In case of non-conformity of the goods, the consumer has the right to have the goods repaired, to receive a proportionate reduction of the price or to terminate the contract in accordance with Art. 135-bis et seq. of the Consumer Protection Act.

 

8.5 The Seller shall not be liable for any damage, of whatever nature, resulting from improper use of the Product and/or use of the Product not in accordance with the Manufacturer's instructions, nor for damage resulting from unforeseeable circumstances or force majeure.

 

8.6 If you have made the purchase as a trader, the preceding paragraphs of this article are not applicable. In this case, the statutory warranty shall be governed by Art. 1490 et seq. of the Civil Code; in particular, the time limit for notification of any defects shall be 8 days from the date of discovery and the action shall be barred in 1 year from delivery.

 

Art. 9 Manufacturer's warranty

 

The manufacturer's warranty is an additional warranty to the legal warranty of conformity that the seller may provide on the products. Unless otherwise stated on the Website, the products sold on the Website are not covered by the manufacturer's warranty. In any case, you may exercise your rights under the statutory warranty of conformity, which is governed by the preceding article.

 

Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

 

10.1 The sales contracts concluded via the Website are governed by Italian law.

 

10.2 This is without prejudice to the application of more favorable and mandatory provisions of the law of the country in which the consumer has his habitual residence to consumers who do not have their habitual residence in Italy.

 

10.3 Please note that if you are a consumer, any disputes relating to the application, performance and interpretation of this document shall be decided by the courts of the place where you are domiciled or have an elected domicile. 

 

10.4 For commercial users, the place of jurisdiction for all disputes related to the application, execution and interpretation of the present document shall be the place where the Seller has its registered office in accordance with the Preface.

 

10.5 The Seller informs Users who are consumers that if they have addressed a complaint directly to the Seller and the resulting dispute could not be resolved, the Seller will provide information about the alternative dispute resolution body(ies) for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (ADR bodies), indicating whether it intends to involve these bodies to resolve the dispute.

 

10.6 The Seller shall also inform the User who is a consumer that a European platform for online settlement of consumer disputes (the so-called ODR platform) has been established. The OS platform can be found at http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer can view the list of ADR entities, find the link to the website of each entity and initiate an online dispute resolution procedure for the dispute in which he is involved.

 

10.7 In any case, the Consumer's right to bring a dispute arising from these General Terms and Conditions of Sale before the competent ordinary courts shall remain unaffected, irrespective of the outcome of the out-of-court settlement of disputes related to consumer relations by resorting to the procedures provided for in Part V, Title II-bis of the Consumer Protection Act.

In addition, users residing in a Member State of the European Union outside Ilalia have access to the European Small Claims Procedure, established by Council Regulation (EC) No. 861/2007 of July 11, 2007, for any dispute related to the application, execution and interpretation of these General Terms and Conditions of Sale, provided that the amount in dispute does not exceed 5,000.00 EUR, excluding interest, fees and costs. The text of the Regulations can be found at http://www.eur-lex.europa.eu.

 

Art. 11 Customer service

 

11.1 You may request information, send notices, request assistance or lodge complaints by contacting the Seller using the contact details provided in the Preface or via the contact form available on the Website.

 

11.2 The Provider shall respond within a period of approximately 4 days.

 

Art. 12 Miscellaneous

 

12.1 This document governs in its entirety the relationship between you and the Seller. This is without prejudice to the rights and obligations provided by the applicable law. 

 

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