These general conditions of sale ("CONDITIONS") govern the sale and purchase agreement (the "agreement") of the products (the "product" or "products") offered by GSM s.r.l. 41012 Carpi (Mo) Italy P.iva e C.F. 02946350366 1 Via Campania, and C.F. 02946350366 (hereinafter "seller")-through its Web site www.strassonline.com (the "website") to users of the site (hereinafter , the "clients" or "customer").
These general sales conditions are applicable exclusively to customers classified as "consumers" under art. 3, co. 1, lett. a) of Decree September 6, 2005, n. 206, namely "the natural persons acting for purposes outside his trade, business or profession", as well as over 18.
All information on the site is in Italian. The customer declares to have read all the above information and general terms of sale before placing your order.
The customer, before placing your product order, declares that the purchase of said product does not have a direct relationship with his professional activity, since their purchase for personal use.
The customer declares to have the legal capacity to workiNarsi as provided in these terms and conditions.
These general conditions of sale are used to define the parties ' rights and obligations in the context of a distance selling of goods proposed in the online store www.strassonline.com
2-local area coverage of the offer
This version of the General conditions of sale exclusively refers to sales made to consumers having their domicile or residence in Italy.
This agreement consists of the following documents:
• These terms and conditions of sale
• order confirmation
The photographs illustrating the products on the site are not covered by the contract and are for descriptive purposes only.
4-Receipt of order
Any order confirmation signed by the click of validation constitutes an irrevocable commitment of the customer that can be questioned only in the cases provided for by this agreement in articles "right of withdrawal" and "order."
5-acceptance of order
The contract will take place only upon confirmation of the order by GSM s.r.l..
The customer will receive by email a notification of receipt with the order confirmation with all the constituent elements of the contract (including the ordered products, prices, delivery dates, shipping and handling).
GSM s.r.l. reserves the right not to confirm an order for any reason related to a product supply problem, or an issue with your order received.
GSM s.r.l. cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. GSM s.r.l. shall not be held liable for any damage caused to the products after delivery to the carrier responsible for the carriage and delivery delays at latter attributable.
The offers contained in this site are valid as long as the products listed will remain on line and until stock.
GSM s.r.l. reserves to communicate to the customer, to the email address associated with your profile, the unavailability of one or more of the products purchased. If you purchase product no longer available GSMs.r.l. will refund (your payment card or Pay Pal account from the same indicated on the purchase or via bank whose details are to be announced after registration) the price and shipping costs incurred by customer
Prices are in euros and include VAT at 22%.
The guaranteed price to the buyer is the one posted on the site at the time of placement.
Product prices are final. They do not include any delivery costs, which will be indicated in the order confirmation. The starting price on which you applied the discount is the official price list provided by the brand.
The customer wishing to purchase products must show that intention through a request made directly on the site, dedicated section, where, following the procedure laid down therein, will send your purchase order and make the payment.
The payment is due from the time of ordering. The customer undertakes to pay the agreed price for the ordered product on the site (prices of goods and transport) through the available payment methods.
On Customer warrants to GSM s.r.l. to dispose of any permission touse the payment indicated in the order.
If we do not receive payment by GSM GSM s.r.l. s.r.l. reserves the right to cancel the order. In case of payment by credit card, GSM s.r.l. reserves the right to request, within 24 hours, sending a copy of your passport showing the actual ownership of the credit card used, it being understood that, in the absence of sending required, GSM s.r.l. can refuse payment and cancel your order.
data your payment will be processed through a secure server-to-server connection by using the Secure Sockets Layer (SSL).
9-transfer of risk
The transfer of risk to the customer takes place upon delivery of the products to the carrier by GSM s.r.l.. The withdrawal period mentioned in article 13, the customer is responsible for the object as guardian. In case of damage or destruction of the product during custody, the latter will suffer the full consequences.
10-execution of the order
The order will be executed within the terms set out on the site and the acceptance of the order by GSM s.r.l. 30 days and in any case within the order confirmation subject to availability of prproduct ordered and except specific agreement between the parties.
In case of running out of stock or unavailability of the ordered product, GSM s.r.l. undertakes to inform the customer as soon as possible and to clarify any timescale of renewed availability.
See article 6 concerning product availability.
The geographical area of delivery corresponds to the geographical area of coverage of the offer. Deliveries are made Monday to Friday
The products are delivered to the address indicated by the customer. Delivery refers to the road surface unless otherwise stated. Requesting delivery plan an order (if available) must be indicated by the customer at the time of final confirmation of the order. Unless otherwise specified at the time of purchase, GSM s.r.l. does not provide the service of installation of the products sold.
GSM s.r.l., except as provided in art. 6, undertakes to deliver the products to the address supplied by the customer in the purchase order, using the carrier responsible for transportation. GSM s.r.l. cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. GSM s.r.l. shall not be held liable for any damage caused to the goods after thedelivery to the carrier in charge of transport and delivery delays at latter attributable.
GSM s.r.l. delivers throughout the Italian territory. Deliveries to CAP disadvantaged youth (eg. Venice Lagoon) may lead to variations in the rates of transport.
If the customer wishes to make a purchase through the site from abroad must communicate a delivery address in Italy. The delivery is done through couriers chosen by GSM s.r.l.; are not considered valid addresses for the purpose of surrender mailboxes.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute a proof on the transport and release of well.
Upon delivery, the customer must verify the content, the conformity and status of the product.
In the event of total or partial loss, damage, delays or other problems, the customer has the right to appeal to the carrier without the responsibility never taken. GSM s.r.l.
Therefore, upon delivery, the customer is recommended to test GSM s.r.l. product status delivered before signing the receipt document.
If you find faults, the customer must refuse delivery of products or write down their reserves, detailed and dated. These reserves must be confirmed to GSM s.r.l. inby registered mail with return receipt within three (3) working days following the delivery of the products.
12-product recall in case of absence of the customer
In the absence of the recipient during the delivery, the carrier will leave a notification card to the delivery address indicated by the customer. In the absence of the recipient to the second delivery attempt, the products must be picked up at the address and in the manner indicated by the carrier.
If not collected within the time limit set by the carrier, the products will be returned to GSM s.r.l. that reserves the right to refund the price of the products, leaving the shipping, warehousing and back at the customer's expense.
The customer is entitled to withdraw from the contract without penalty (except transport costs) and without giving any reason, starting from receipt of the order acknowledgement sent by GSM s.r.l. no later than 14 days after receipt of the product to the address specified for delivery.
Does full proof of receipt the date from the shipment tracking
The customer can exercise his right of withdrawal by filling in the form received, or alternatively through properlyTa communication (including indication of the details of the recipient, the order number and the date of receipt) to be sent to the e-mail address firstname.lastname@example.org
If the product has already been delivered, the customer is obliged to return it to GSM s.r.l.. To this end:
-the deadline for returning the product is of 14 days of notice of withdrawal (in case of shipment by the customer, the customer must provide proof of shipment). For the purposes of the expiry of the period, the product is returned at the time it is delivered to the post office and/or the accepting carrier.
-If there has been delivery, the integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. the customer must send the product suitably packaged and packed; GSM s.r.l. does not accept returns damaged, but kept in normal condition, stored with the use of reasonable diligence. Will not be replaced or refunded products damaged by detergents/additives, or products damaged by customer for incompetence. The customer shall insert in the packaging box copy of delivery note received. Transport risks for product returns are borne by the customer.
-Land costs of returning the goods to GSM s.r.l. are borne by the customer. Ifthe customer exercises his right of withdrawal in accordance with these terms of sale, GSM s.r.l. will refund the sums paid by the customer on the same payment method used by the customer for the original transaction (credit card, paypal, bank transfer), unless indicated otherwise by the customer himself.
-In case of cancellation of an order that was shipped for free to promotions and/or value threshold is exceeded, the customer is obliged to reimburse the cost of transport to the rates shown on our web page "shipping" in addition to the cost of return transport because it is still provided transport services and paid by the seller and which if not reimbursed would represent an impairment.
The refund will be made within the period of fourteen days from the date you received the product in its warehouses GSM s.r.l. returned in accordance with the foregoing.
As provided for by art. 59 of the consumer code, the right of withdrawal governed by these conditions of sale shall not apply to goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
1. the right of withdrawal provided for in articles 52 to 58 for distance and off-premises contracts excluded on your:
a) service contracts after the complete execution of the service if execution has begun with the consumer's prior express agreement and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the seller;
b) the supply of goods or services whose price is dependent on fluctuations in the financial market that the seller is not able to control and which may occur during the withdrawal period;
c) the supply of goods made to the consumer's specifications or clearly personalized;
d) the supply of goods which are liable to deteriorate or expire rapidly;
and) the supply of goods sealed do not lend themselves to be returned for hygiene reasons or connected to health protection and were unsealed after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the seller;
h) contracts inwhere the consumer has specifically requested a visit from the seller for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of this visit, the seller provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessary to perform maintenance or repairs, the right of withdrawal shall apply to those additional services or goods;
I) the supply of sealed audio or video recordings or computer software which sealed that were opened after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at an auction;
n) the provision of accommodation for non-residential purposes, transportation of goods, car rental services, catering services or services related to leisure activities where the contract provides for a specific date or period of performance;
o) the supply of digital content using a non material support if execution has begun with the consumer's prior express agreement and with its acceptance of the fact that in that case he would lose the right to withdraw.)
In order to ensure high quality standards, the products are subjected to quality control procedures by GSM s.r.l. prior to dispatch. However in case of trouble, the customer benefits from the legal warranty by the manufacturer of the duration of 24 months.
However, the products sold are covered by the legal warranty against hidden defects provided for in articles 1641 and following of the civil code.
Finally, some products have an extended warranty. In these cases, the terms and the guarantee period are stated in the warranty card delivered with the product. The latter does not cover any damage, breakage or failure is due to non-compliance with the precautions to be taken.
To activate the warranty, the customer returns the product to contain the original GSM s.r.l. at their own expense receipt of order.
The product will be replaced with an identical product and sent to the customer at the expense of GSM s.r.l., except in case of unavailability or ceased production of the product itself. In the latter case, GSM s.r.l. will refund the price of the product to the customer.
15. using the site
Product descriptions and images on the website are corresponding to what is made available by suppliers of GSM s.r.l. to GSM s.r.l. itself. Fofull product overview videos and accompanying descriptive information are posted on the site a descriptive title, bearing in mind that the quality of the images, including an exact display of colours, can be caused by software and computer tools used by the client when connecting to the site. GSM s.r.l. assumes no responsibility with regard to the problems caused to the customer from the use of the site and of the technologies used as not dependent on their will.
16. Intellectual and industrial property rights
GSM s.r.l. informs that the site, as well as all trademarks and logos used in connection with the sale of the products offered, are protected by intellectual and industrial property rights applicable and that it is forbidden any reproduction, communication, distribution, publication, modification or alteration in any form and for any purpose they occur. GSM s.r.l. reserves the right to legally Act to protect these aspects. GSM s.r.l. assumes no responsibility with regard to trademarks and other distinctive signs appearing on products sold on the site, where the customer does not acquire any rights following the conclusion of the contract.
17. data protection
GSM s.r.l. is the owner of personal information collected when registering to the site, as well as those subsequently communicated at the time of purchase by the customer, with the exception of data related to the payment process for which refer to banks through which the transaction takes place. For information concerning the processing of personal data, including your rights under art. 7 of the d. lgs. 196/03, please refer to the detailed information already provided during registration on the website www.strassonline.com or found on the Privacy page published on our site.
The "click of validation" constitutes an electronic signature.
This electronic signature has between the parties the same value as a handwritten signature.
These terms and conditions of sale constitute the entirety of the obligations of the parties.
No other General or specific condition communicated by the customer may enter or remain in these general conditions.
Should one or more provisions of these general terms and conditions be held invalid or declared such pursuant to a law, regulation, or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and their value.
For any communication you can contact GSM s.r.l. at the following address:
41012 Carpi (Mo) Via Campania, 1
22. governing law
The sales contract between the customer and GSM s.r.l. is concluded in Italy and governed by Italian law. The sales contract concluded between the client and GSM s.r.l. strassonline.com is concluded in Italy and governed by Italian law, in particular by the provisions of the Civil Code, by the consumer code Legislative Decree 20/2005 mod. Decree 21/2014 related to contracts concluded by electronic means and any additions and modifications. For the resolution of all disputes arising from the contract of sale between GSM s.r.l. and the customer will be exclusively competent the courts of Foro di Modena except where the customer has acted and concluded this agreement as a consumer for purposes unrelated to any business or professional breakthrough. In this case will be the exclusive jurisdiction of the Court of the place where the customer has his place of residence or domicile, if situated on the territory of the Italian State.