Art. 1 – General provisions
These General Conditions of Sale refer to purchases made on the website www.giemmespoleto.com in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree 206/05 amended by Legislative Decree n. 21/14 and Legislative Decree 70/03).
This website is the exclusive property of Giemme Srl, an Italian company with registered office in Via dei Tessili, 70 – 74, in Spoleto (PG) – ITALY, registered in the Companies Register of Perugia at n.03308010549 of 13/02/2013, Fiscal Code and VAT number 03308010549. Before purchasing the products supplied by the site, the user is obliged to read these General Terms and Conditions of Sale, which are understood to be totally and unequivocally accepted at the time of purchase.
Therefore, since it is not physically possible to validate any order without accepting the General Conditions of Sale of the website, the click of validation of the order has the value of "electronic signature".
The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale whose terms Giemme S.r.l. reserves the right to modify unilaterally and without notice. Any changes to the above Terms and Conditions will be published on this page. It is possible to use the site and then access products supplied by it and to purchase these in the following languages: Italian, French, English, German, Spanish and Portuguese.
Art. 2 – Object
Giemme S.r.l. manages this website in order to sell products to be used for the care and use of the fireplace, the oven and the barbecue. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders of products on www.giemmespoleto.com and do not regulate, however, the provision of services or the sale of products by subjects different from the seller that are present on the same site through links, banners or other hypertext links. Before sending orders and purchasing products and services from different subjects, we suggest to check their terms of sale.
Art. 3 – Use of the website material
It is possible to download on a computer or print a copy of the material on this website only for non-commercial, educational, private or domestic purposes and uses. You are not permitted to delete or modify what is protected by copyright, trademark or other property notes. The contents of the website (such as images, photographs, illustrations, icons, texts, videos, sounds, music, written material and other material – from now on, for the sake of brevity, Material Giemme), unless otherwise specified, are protected copyright, treaties and international copyright laws. It is forbidden to sell, reproduce, distribute, modify, show, disseminate, process texts based on the Giemme Material, use or otherwise quote the Giemme Material in any manner and for any public or commercial purpose. It is not possible, for any purpose, to use or display the Giemme Material on other websites or other online platforms. In case of violation of these Terms, your authorisation to consult the Giemme Material will be automatically suspended and immediate destruction of any copy made of the Giemme Material will be required. Any unauthorised use of the Giemme Material may violate the laws on copyright, trademark, privacy and publicity as well as the regulations and the statutes concerning communication. It is forbidden to create links between the website www.giemmespoleto.com and third party sites without the written consent of Giemme S.r.l.. All the contents of this website are protected by ©Copyright Giemme S.r.l., or licensed to Giemme S.r.l. and/or its affiliates. All rights reserved.
Art. 4 – Exclusion of liability
The data on this website is for the sole purpose of providing general information. Giemme S.r.l. undertakes to provide accurate and complete information. Giemme S.r.l. does not guarantee that the material is error-free, reliable or that your use of the Giemme S.r.l. will not infringe the rights of third parties. Use of the website is at the risk of the User. Giemme S.r.l. does not guarantee that the functional aspects of the website or the Material Giemme S.r.l. are free of errors or that this website, the Material Giemme S.r.l. or the server making them available does not contain viruses or other harmful elements. If following the use of this website or the Material Giemme S.r.l. it is necessary to repair or replace material goods, equipment or data, Giemme S.r.l. can not be held responsible for the related costs. SUBJECT TO THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED AS SUCH AND AS MADE AVAILABLE WITHOUT WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY SATISFACTORY, SUITABLE FOR A PARTICULAR PURPOSE, APPROPRIATE ATTENTION AND COMPETENCE, OR NON-VIOLATION. Giemme S.r.l. and its suppliers do not offer guarantees on the Giemme Material, the software, the texts, the downloads, the graphic parts, the links, or the results that can be obtained through the use of the website.
Art. 5 – Revocation of the right to use
The user accepts that Giemme S.r.l. may deny the access and therefore the use of its website, with or without prior notice, if you suspect that you have infringed or acted in a way that does not comply with the content or the spirit of these Terms, or that you have violated the rights of Giemme S.r.l. or third parties. The user also accepts that Giemme S.r.l. may modify or suspend this website, with or without prior notice and that Giemme S.r.l. will not be held liable to you or to third parties as a result of such changes or suspensions.
Art. 6 – Communications from users of the site
Any communication or material transmitted by the user to the website via e-mail or otherwise, excluding personal data concerning the user, including (but not exclusively) photographs, questions or answers, comments, suggestions or similar will be considered by Giemme S.r.l. as non-confidential and not owned. By transmitting communications to the website, Giemme S.r.l. is automatically granted, free of charge, without irrevocable and non-exclusive time limits, a license to use, reproduce, modify, publish, translate, distribute and present such communications alone, or integrated with other texts in any format, by any means and technology, whether they are known or developed in the future, as well as the right to sub-license in favour of third parties. All information transmitted by you can be used by Giemme S.r.l. for any purpose, including reproduction, disclosure, publication and transmission by any means, development, manufacture and marketing of products.
Art. 7 – User registration
When completing the registration procedure, the user undertakes to follow the instructions on the site and to provide his personal data in a correct and truthful manner.
The confirmation will in any case exonerate Giemme S.r.l. from any responsibility about the data provided by the user. The user undertakes to promptly inform Giemme S.r.l. of any variation of their data at any time communicated.
If the user then reports inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, Giemme S.r.l. will have the right to deactivate or suspend the service until the related deficiencies have been rectified.
On the occasion of the first request for activation of a profile by the user, Giemme S.r.l. will attribute to the same username and password. The latter recognises that these identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding force towards him. The user undertakes to maintain the secrecy of his access data and to keep it with due care and diligence and not to transfer it even temporarily to third parties.
Art. 8 – Placing a purchase
To place a purchase, it will be necessary to complete the Order Form in electronic format and transmit it following the relative instructions.
It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the payment methods that can be used, the delivery methods of the products purchased and the relative shipping and delivery costs, a reference to the conditions for exercising the Right of Withdrawal; methods and times for returning the purchased products.
Before concluding the contract, you will be asked to confirm the reading of the General Conditions of Sale including the information on the Right of Withdrawal and the processing of personal data. The contract is concluded when the seller receives the Order Form, subject to verification of the correctness of the data contained therein.
The buyer will be obliged to pay from the moment the online order submission procedure is completed. This will happen by clicking on the "Confirm my order" button at the end of the wizard. Immediately after clicking on the "Confirm my order" button, the buyer will receive, on the e-mail address provided at the time of registration, a written confirmation containing a summary of the order. He is obliged to check that every single line of the confirmation (such as nature of goods, quality of goods, billing address, delivery address, price, transport costs, etc.) corresponds to what is desired. In the event that the buyer incorrectly compiles even a single order line (for example: place of destination of the goods, length, diameter, characteristics, size or colour of a given product, etc.) Giemme S.r.l. cannot be held responsible for this error. The buyer must promptly communicate (and in any case before the departure of the goods) to the seller the error committed in order to allow the same to remedy it (where possible). In the event that the buyer communicates the error to the seller after the departure of the goods, the seller can withhold all the costs incurred for the shipment, blocking and shipping of the returned goods erroneously ordered by the buyer.
Art. 9 – Availability of products
The availability of the products refers to the actual availability at the moment the buyer places the order. This availability must however be considered purely indicative because, due to both the simultaneous presence on the site of several users, and the fact that Giemme S.r.l. at the same time selling on multiple marketplaces, the products could be sold to other customers before confirming the order.
Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the buyer will be immediately informed via e-mail.
If the buyer requests the cancellation of the order, resolving the contract, Giemme S.r.l. will refund the amount paid within 14 days from the moment in which Giemme S.r.l. is aware of the buyer's decision to terminate the contract.
Art. 10 – Passage of risk
The risks related to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as the full payment of all the amounts due in relation to them has been received, including shipping costs, or at the time of delivery, if this happens at a later time.
Art. 11 – Legal Guarantee
Every product sold by Giemme to a "consumer" buyer is assisted by the Legal Guarantee on consumer goods, which covers the conformity defects that occur within 24 months from the date of delivery of the goods.
What is the Legal Guarantee?
This is the warranty on the sale of consumer goods provided for in the Community Directive 1999/44/EC, also called "conformity guarantee", which protects customers in the event that the products you buy show defects of conformity with the sales contract ("Legal Guarantee").
This happens, for example, in the case of products that malfunction, which cannot be used in the manner stated by the seller or for the purposes for which products of the same type are generally used, which do not have the characteristics or qualities promised by the seller or that do not respond to the use for which you purchased them.
What is the duration of the Legal Guarantee?
The Legal Warranty covers the conformity defects that occur within 24 months from the date of delivery of the product that the customer has purchased, even if on that date the defect was not immediately verifiable. To assert it, the customer must inform the seller of the defect within 2 months from when he discovered it.
Unless proved otherwise, it is presumed that the conformity defects that occur within the first 6 months from the date of delivery of the goods already existed, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of de conformity.
A regular receipt is issued for each product to be kept for the purpose of the guarantee. The same day Giemme S.r.l. ships the goods, an attachment by e-mail containing the receipt is sent to the e-mail address registered by the customer when ordering. The customer must open the attachment, print it and keep it.
Who is entitled to the Legal Guarantee?
The Legal Guarantee is only the right of the consumer, e.g. those who buy products for non-professional purposes. For example, if the customer purchases a set of peels exclusively for his own personal use, he is entitled to the Legal Guarantee. On the contrary, if he/she purchases it to use it in his/her work activity, the Legal Guarantee does not apply.
What rights does the Legal Guarantee provide?
If the product that the customer has purchased presents a defect covered by the Legal Warranty, he has the right, without incurring any expense, to repair or replace the defective product by the seller. If the replacement or repair of the product is not possible or is excessively hard, the customer is entitled to a reasonable reduction in the price of the product.
Art. 12 – Right of Withdrawal and Return Policy
What is the Right of Withdrawal?
A consumer residing in the European Community (i.e. a physical person who purchases for purposes unrelated to the business or professional activity carried out, or does not make the purchase by indicating on the order form of the site www.giemmespoleto.com a VAT number), has the right to withdraw from the purchase contract, if this has been stipulated and concluded at a distance, for any reason, without the need to provide explanations and without any penalty.
The Right of Withdrawal can not be exercised on products that have undergone a transformation at the request of the customer (customised product, custom-made product, etc.).
How long does it take to exercise the Right of Withdrawal?
The Right of Withdrawal can be exercised by law within 14 days from the delivery date of the goods (the date shown on the delivery receipt signed in front of the courier will be used).
In which conditions must the products be returned?
The goods purchased must be in the same conditions as receipt, provided with the original packaging, (intact and complete in all their parts as they are considered integral parts of the goods), manuals, accessories, parts and everything that was supplied, without defect.
Quality checks will be carried out on all returns. The customer is possibly responsible for the decrease in the value of the goods resulting from handling the goods other than that necessary to establish the nature, characteristics and functions.
In the case in which the asset is evidently used, such as to undergo a subsequent commercial devaluation at the time of its re-marketing in the status of "used product", we will proceed to a possible reduction in value. The same is true in the case of lack of the original packaging or of its non-integrity, such as to require the re-purchase from the manufacturer and its replacement.
How do I return the goods?
- Access your customer account through the "Login" link
- Once entered, click on "Order History"
- Select the order from which you want to return one or more products by clicking on "Details"
- Select the product you wish to return by flagging the box next to the product name
- Choose the quantity that must be returned (only in case it is necessary to return more units of the same product)
- In the "Goods Return" section, add an explanation so that the team can understand better why you want to return that particular product
- Click on "Ask Authorisation"
The customer must provide through his own forwarding agent the forwarding of the product to the logistic structure of Giemme S.r.l., within 14 days from the notice of withdrawal. Return shipping costs are charged to the customer. To limit damage to the original packaging, we suggest, when necessary, to put it in a second box, avoiding in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product.
The goods, travel under the responsibility of the customer until Giemme S.r.l. declares to have received them in their warehouse. We therefore recommend to insure the shipment against theft, loss or damage from transport (for which we assume no responsibility in the transport of return). We suggest to use only a shipping method with tracking of the package and to keep the receipt of shipment.
What are the processing times of the return?
It is our policy to process returns and refunds as quickly as possible. Once the goods have been received, we will refund the customer for the full amount of the transaction (subject to the limitations set out in the previous points and excluding any incidental costs, including COD costs if the customer has used this service), within 14 days from the return of the goods, using, except in special cases, the same payment method chosen by the customer.
Supplier withdrawal
Giemme S.r.l. has the right to withdraw from the sale agreement within 30 days from the date of ordering, providing the customer a motivated communication
- if it is impossible to process the order requested due to the temporary unavailability of the product ordered (pursuant to Article 54, paragraph 2 of Legislative Decree 206/05).
- if there are reasons to make the transaction not executable under normal conditions and procedures.
In such cases, the customer will be entitled exclusively to the refund of any sum already paid.