General Conditions of Sale
Art. 1 – INTRODUCTION
1.1. These General Terms and Conditions of Sale apply to sales and purchase contracts concluded electronically and relating to products offered to the public through this website www.gvtfast.com (hereinafter referred to as the “Site”).
The site is owned by Gruppo Vecchia Toscana S.p.a. (hereinafter the “Seller”) with registered office in via Sicilia n.1, Fucecchio (FI), CAP 50054, a company registered at the Chamber of Commerce of Florence at n. REA FI – 299266, VAT 03070480482 with e-mail address firstname.lastname@example.org – and Certified e-mail (PEC): email@example.com
1.2 These General Conditions of Sale are governed by Italian law and interpreted in accordance with it, without prejudice to any other mandatory norm. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
1.3. The Seller reserves the right, at any time and at its sole discretion, to update, supplement or modify these General Conditions of Sale, without the obligation to notify the Buyer in advance. The new General Conditions of Sale become effective from the date of publication on the Site.
Art. 2 – DEFINITIONS
Sales Agreement – Any contract under which the Seller transfers, or undertakes to transfer, ownership of the goods to the Buyer and the latter pays, or undertakes to pay, the price of the goods.
Electronic Commerce Contract – Any contract (hereinafter referred to as the “Contract”) under which the Seller, or its intermediary, offers goods through a website, or other electronic means, and the Buyer places an order for such goods on that website, or by other electronic means organized by the Seller.
Consumer Code – Reference legislation applicable to the protection of the Purchaser who is also a Consumer, dictated by Legislative Decree n. 206 of 6 September 2005, as last amended.
Buyer – means both the User non Consumer, natural or legal person, who acts in an organized manner in the context of business, commercial, craft or otherwise professional that the User Consumer, natural person, older, acting for purposes other than business, commercial, craft or professional activity.
Seller – means the natural or legal person acting in the exercise of his business, commercial, craft or professional activity.
PRODUCTS OFFERED ONLINE
Art. 3 – SUBJECT OF THE CONTRACT
3.1 With the Contract, the Seller sells and the Buyer buys, through electronic means, the products offered for sale on the Website. The Seller reserves the right to change the prices and collect or change the products offered on the site at any time.
3.2 The products available on this Website at www.gvtfast.com are represented as accurately as
possible, with specification of their characteristics. However, the Seller does not guarantee the punctual and exact correspondence between the actual consistency of the products promoted online and its representation on the Buyer’s monitor. In the event of discrepancies between the image of the goods visible online and the related written information sheet, available on the Site, this last will be the only authentic one.
3.3 The Seller warrants that the products offered for sale comply with and respect the requirements of Regulation CE n. 1907/2006 concerning the registration, evaluation, authorization and restriction of chemical contents in products (REACH).
Art. 4 – AVAILABILITY OF PRODUCTS
4.1 The Seller shall ensure, through computer system, the processing and shipment of the order without delay, in accordance with the procedures set out in Art. 5 of these General Conditions of online Sale. To this end, the electronic catalogue of the Seller indicates in real time the available and unavailable goods, as well as the estimated time for their shipment. The computer system forwards specific confirmation of the order registration by e-mail to the email address provided by the User at the time of registration.
4.2 If an ordered product should, in any case, exceed the actual availability of stock, or is not available for other reasons, the Seller, by e-mail, will promptly inform the User of the unavailability, even partial, of the goods in question and, if possible, the waiting time, asking again for confirmation of the order according to the different timing indicated by the Seller. In this case, the payment is charged at the time of the last purchase confirmation.
CONCLUSION AND EXECUTION OF THE CONTRACT AND RELATED PROCEDURES
Art. 5 – CONCLUSION OF THE CONTRACT
5.1 The Contract between Seller and Buyer is concluded exclusively online. The User browsing the Site through the URL: https://www.gvtfast.com/ access the online shop of the Seller and must follow the instructions indicated therein to proceed with any purchase of the goods by filling in the formats prepared by the Seller. For the purchase, the User must create an account through the appropriate link https://www.gvtfast.com/mio-account/ by registering and entering the personal data necessary for invoicing and shipping.
5.3 The online presentation through this Site constitutes a mere non-binding invitation to offer. The order confirmation, completed and verified as per instructions, constitutes a purchase proposal by
5.4 The Seller verifies the order with an e-mail to the e-mail address of the Buyer that attests the receipt in the computer system of the Seller. The Seller’s receipt does not constitute acceptance of the purchase proposal. The Seller has the right to accept, or not, the order sent by the Buyer, without the latter being entitled to claim rights and/or claims of any kind, for any reason, including compensation, for the non-acceptance of the order.
5.5 The Purchase Agreement shall be deemed concluded when the Seller, having verified the availability of the warehouse and the delivery times, forwards a separate e-mail accepting the purchase proposal to the Buyer’s e-mail address. The acceptance email also contains information about the shipment and the expected delivery date. The debit of what is due takes place at the time of the conclusion of the contract.
5.6 The Buyer may cancel his order only before having received the acceptance of the purchase proposal. In this case no fee will be charged. However, the right of withdrawal for the Purchaser who is also a Consumer under the terms and conditions referred to in the following Art. 10 is not affected.
5.7 For any error or problem in the execution of the purchase procedures prepared by the Seller, the Buyer is invited to report, without delay, what he verified to the email address firstname.lastname@example.org
Art. 6 – PAYMENT AND REFUNDS
6.1 The price of the products placed on the market is that indicated on the Website and is expressed in Euros. Shipping costs, as well as any other charges, such as customs clearance costs, if any, are not included in the sale price and will be indicated and calculated by the Seller in the purchase procedure, before sending the order confirmation.
6.2 The prices indicated on the site are NOT inclusive of VAT; the Buyer, if he intends to purchase under exemption, is invited to contact email@example.com by email, before placing the order.
6.3 The Buyer is obliged to pay the price at the time of conclusion of the contract. The payment of the products is made according to the method chosen by the Buyer, among those expressly allowed by the Seller. The use of the methods of payment indicated does not entail additional charge for the Buyer, without prejudice to any costs incurred by the Seller, communicated to the Buyer at the time of confirmation of the order.
6.4 Payment can be made through:
Credit Card: through the main international payment circuits managed by NEXI Payments S.P.A. through the xpay system (available at the following link).
Bank Transfer Transfer:
• Holder of the Account: GRUPPO VECCHIA TOSCANA SPA
• Bank: BANCA MONTE DEI PASCHI DI SIENA SPA – FUCECCHIO (FI)
• Bank account number: 000063108012
• IBAN: IT 69 R 01030 37872 000063108012
• BIC – SWIFT: PASCI TM1W45
In case of payment by bank transfer, in the reason it must be given: first and last name and order number. Any refund to the Purchaser will be made in the same manner chosen by the Purchaser for payment.
6.5 Upon receipt of payment, the Seller shall proceed to the shipment of products and to issue the
relevant tax document, where required, or specific request is made at the time of order by entering company data.
6.6 All financial information necessary for the transaction will be managed directly by the operator NEXI Payments S.p.A., through PCI-DSS security standards guaranteed by the same, without third parties having access to it. This information will never be used by the Seller except to complete the procedures related to the purchase and to issue any refunds or if it is necessary to prevent or report to the police any fraud.
Art. 7 – DELIVERY OF GOODS
7.1 The Seller shall ship the products to be delivered to the Buyer through appropriate logistics services within 48/72 hours from the time of conclusion of the Contract. The delivery times are however purely indicative and do not represent binding terms for the Seller. Any delays in the delivery of the products do not give the right to compensation. The Buyer checks the status of the shipment, on the courier website, through the tracking code linked to the shipment of the order.
7.2 If the Seller is not able to carry out the shipment within the period referred to in the previous paragraph, he shall notify the Buyer by e-mail, without that any liability may ever arise from such delay to the Seller.
Art. 8 – ARCHIVING ORDER
8.1 The Seller shall ensure that online orders are stored and stored in digital format in accordance with appropriate confidentiality and security criteria.
8.2 The Buyer is invited to store on its device, in appropriate digital format, both the receipt of the order, the order and shipping confirmation, sent by the Seller, as well as these General Conditions of online Sale.
WITHDRAWAL, WARRANTIES AND LIMITATIONS OF LIABILITY
Art. 9 – RIGHT OF WITHDRAWAL
9.1 Once the purchase contract has been concluded with the confirmation of the purchase, the Buyer has no right to withdraw from the contract and the payment of the price remains unaffected.
9.2 The Buyer-Consumer has the right to withdraw from the purchase contract as defined in art. 2. The right of withdrawal must be exercised within 14 (fourteen) calendar days from the day of delivery of the purchased product, with notice to be sent by registered letter to the Seller. The holder of VAT cannot be considered in any case a Consumer and will not be able to exercise the right of withdrawal.
9.3 In the case of withdrawal, the return of the goods by the Buyer-Consumer must take place, without delay and, in any case, no later than 14 (fourteen) days from the date of dispatch of the notice of withdrawal to the Seller under penalty of the ineffectiveness of the withdrawal exercised. The Buyer-Consumer shall bear the direct costs of returning the purchased product to the Seller, with the adoption of all possible caution, using the original packaging and wrappings of the product, or equivalent, to preserve its integrity and to protect it adequately during transport. The return of the goods must be made at the following address: Via Sicilia 1 – loc. Ponte a Cappiano, Fucecchio 50054 (FI).
9.4 The Seller shall refund the price of the product for which the rethinking has been exercised only after receipt of the product intact and free of damage. In any case, the costs incurred by the Seller for the delivery of the product will not be refunded unless the right of withdrawal has been exercised by the Buyer-Consumer before the shipment of the product in his favor. The Seller uses the same means of payment chosen by the Buyer-Consumer for payment, unless the Buyer-Consumer requests otherwise, in which case, any additional costs arising from the different means of payment chosen shall be borne exclusively by the latter.
9.5 If the returned product is damaged, or shows signs of wear and tear related to manipulations or treatments, the Seller will retain from the refund the amount corresponding to the decrease in its value. Therefore, in the event that the returned goods are damaged or missing from some part, not accompanied by instructions/notes/manuals attached, original packaging and/or packaging (or, in any case, appropriate), or the related warranty certificates (if any), the Buyer-Consumer shall be liable for the reduction in the value of the asset, with the right to reimbursement of only the amount equal to the residual value of the asset.
9.6 Upon receipt by the Seller of the communication by which the Buyer-Consumer declares his intention to exercise the right of withdrawal, shall cease all obligations related to the Contract, without prejudice to the provisions of this Article.
Art. 10 – GUARANTEES
10.1 The Seller sells only top-quality leather products, obtained with the best techniques and without the use of prohibited chemicals. The products are declared to comply with the provisions of Community directives and regulations and internal rules on the protection of human health, including the obligations laid down in Regulation (EC) N. 1907/2006 “REACH Regulation” and subsequent amendments and additions.
10.2. The Seller guarantees the conformity of the product with the essential characteristics described in the technical data sheet and the possession of the promised qualities. Being leather, the products offered for sale on this Site may however have characteristics not homogeneous or small variations (unless expressly excluded from the data sheet), even in the measure of the individual leather parts, which are to be considered completely normal in products of natural origin. The images and colors of the products presented in the Site gvtfast.com may, however, not correspond to the real ones due to the effect of the Internet browser and the monitor used. The guarantees provided by the Civil Code shall apply.
10.3. In the case of Buyer-Consumer only, the products sold are covered by the legal guarantee of 24 (twenty-four) months for defects in conformity with the characteristics described in the product data sheet. The lack of conformity of the product must be communicated, under penalty of forfeiture, to the Seller within 2 (two) months of its discovery. The complaint should specify the non-compliance found, as well as contain at least one photograph of the product and the receipt proving the purchase.
10.4 The warranty is valid only for the product stored in an adequate and appropriate manner, it is not exposed to conditions which affect the maintenance of the original qualities and unless the product is not transformed or otherwise used, processed or altered.
10.5 In case of lack of conformity with the characteristics described in the product data sheet, except as indicated in point 10.2 and the normal tolerability, the Buyer has the right to request the replacement of the non-compliant product or, in the event that such remedy is excessively burdensome for the Seller, the Buyer is entitled to a reduction in the price paid.
10.6 The lack of conformity may be communicated to the Seller by e-mail to firstname.lastname@example.org. Upon receipt of the request and the relevant documentation, the Seller assesses the non-conformity reported by the Buyer and, after having carried out the preliminary assessment of the case, authorizes or does not authorize the return of the product by providing the Purchaser with information on the methods of return. In any event, the authorization to return does not constitute recognition of
the lack of conformity, which can be established only after the return of the product and its direct examination.
Art. 11 – LIMITATIONS OF LIABILITY
11.1 The Seller shall not be liable for failure or delay in the performance of the contract if this is due to disruptions due to force majeure, unforeseeable circumstances or whenever causes are not attributable to the Seller. In this case, there is no right to compensation, except the right to full refund of the price and any ancillary charges paid in the sole event of failure to perform the contract.
11.2 The Seller assumes no liability for any fraudulent, illicit or irregular use of credit cards or other means of payment, attributable to malicious or negligent conduct of the Purchaser regarding the obligations of custody and timely information to the issuer of the aforementioned means of payment.
Art. 12 – TERMINATION OF THE CONTRACT
12.1 The timely payment of the purchased goods and the payment of any additional charges are essential obligations of the Contract.
12.2 Failure to fulfil these obligations entails the automatic termination of the Contract by right pursuant to art. 1456 cod. civ. without the need for a judicial decision.
SECTION V PROCESSING OF PERSONAL DATA
Art. 13 – PRIVACY
13.1 The Seller protects the Buyer’s personal data, ensuring full compliance of their processing with the relevant legislation.
SECTION VI FURTHER INFORMATION
Art. 14 – COMMUNICATIONS
14.1 For each request please refer to the following email address email@example.com Official communications and any complaints are valid only if sent by registered letter (A/R: return receipt) or pec to the Seller.
14.2 The Buyer indicates when registering on the Website his residence or domicile, the relevant telephone numbers and the e-mail address at which the Seller’s communications will be sent.
Art. 15 – INTERNATIONAL ACCESS/ACCESSIBILITY
15.1 The Site and its sales services are available in Italian and English.
15.2 These general online sales conditions are available in Italian and English; in the event of discrepancies, the only authentic version shall be that in the Italian language.
15.3 The Site promotes products also intended for the international market, in the countries listed on the splash page, and is accessible from computers, tablets, smartphones or other devices, wherever located.
15.4 The Seller reserves the right, however, to suspend, without notice, the promotion, marketing and sale activities through this Site in individual countries if legal/tax/customs or, in any case, objective obstacles, preclude the receipt of the order or the execution of the contract.
Art. 16 – CODE OF CONDUCT
16.1 The Seller has adopted the Code of Ethics (link) published on this Website. The Seller declares to adhere to the Code of Conduct and Social Responsibility UNIC (National Union of Tanning Industry) Social Accountability available through the following link (or on the website www.unic.it)
Art. 17 – APPLICABLE LAW AND JURISDICTION – ONLINE DISPUTE RESOLUTION
17.1 Any dispute between the Seller and the Buyer concerning or consequent to the Contract, its execution and these general conditions of sale, is governed by Italian law and administered, exclusively by the Italian Court. If the Buyer is a Consumer, in any case, the rights conferred by the consumer protection rules in force in the country of residence and/or domicile will be guaranteed.
17.2 The place of jurisdiction for disputes is that of the Court of Florence or the Court of the place of domicile or residence of the consumer according to the applicable law.
Art. 18 – ONLINE DISPUTE RESOLUTION (ODR)
18.1 The Buyer-Consumer may refer the resolution of the dispute with the Seller concerning the purchase of the products through this Site to entities/companies/offices active in the alternative dispute resolution, through web procedures, simple, fast and economical (ODR – Online Dispute Resolution).
18.2 We also inform you that the European Commission provides a platform for alternative non- judicial dispute resolution, accessible on the website http://ec.europa.eu/odr. For any information on the above ODR procedures please visit the following website: https://europa.eu/youreurope/citizens/consumers/shopping/shopping-consumer-rights.htm .