TERMS OF SALE
General terms of sale of the products and services offered by theartofgallo.com
• Purchase methods
• Payment methods
• Delivery methods and costs
• Right of withdrawal
• Applicable law
• Description of the initiative and information to the Consumer
Mail order initiative dedicated to the customers of the Gallo Spa online shop.
The offer and sale of the products through theartofgallo.com site are regulated by the following General Terms of Sale. The General Terms of Sale are formulated in conformity with the regulations on contracts entered into outside commercial premises and in particular with what is provided by Legislative Decree No. 206, September 06, 2005 (Consumer Code).
Parties of the contract
The parties of the contract are the following:
• Gallo Spa with headquarters in Desenzano sul Garda in Via Motta No. 129, VAT Registration 01531760989, owner of theartofgallo.com site; • Alkemy Spa, with headquarters in Milan, Via San Gregorio, 38 Vat Registration 05619950966, authorized manager of theartofgallo.com site.
• Customer: the individual (natural person or other legal entity acting for purposes not referred to their own business) who, identified through theartofgallo.com site, has placed an order that has been accepted by Gallo Spa.
Acceptance of the general terms of sale
1. By placing the order with the methods provided, the Customer declares to be aware of all the indications given during the purchase procedure and accepts in full the General Terms of Sale. Gallo Spa reserves the right to modify the General Terms of Sale reporting the change on this page of the site. The applicable General Terms of Sale are those in force at the time the order is placed. Every change will become effective after the publication on the site.
2. The Customer, once the online purchase procedure is concluded, will print or electronically save and in any case keep these general terms of sale, in compliance with what is provided by Articles 49 and subsequent of Legislative Decree 206/2005 regarding distance sales.
3. The Customer can only purchase the products included in the electronic catalogue at the time the order is placed, available online at the address (URL) http://www.theartofgallo.com, as described in the relative information sheets. It is understood that the image included with the description of a product may not exactly depict its features but differ in terms of color, size, accessory products included in the picture. All the data in support of the purchase are purely for general information purposes, not referable to the actual characteristics of a single product.
4. The products are offered at the price listed in the site on the date the order is placed. The prices are inclusive of VAT which will be listed in detail in the invoice issued for the purchase of the product. The prices do not include shipping and delivery charges, which are shown however before the order is sent in the purchase cart and on the payment confirmation page, as well as specified in the email confirming receipt of the order sent to the Customer. We are committed to guarantee the correctness of information published on the website, but the breadth of the catalogue and information, involve a possible risk of a technical problem that generates by error a sell price different from the actual cost. Therefore, We reserve the right of cancel an order, in case of a wrong price published, our Customer Service will contact the Client to provide correct information.
5. The phases for placing the order and for concluding the purchase agreement are clearly highlighted in the sequence of pages of the site through texts and explanatory graphics. In particular, the information provided on withdrawal should be reviewed which can be saved and printed at any time. Before sending the order, it is possible to correct any data entry mistakes.
6. The correct receipt of the order is confirmed by Gallo Spa in an e-mail, sent to the e-mail address provided by the Customer. This confirmation message will list the Date and Time the order was placed and a "Customer Order Number", to be used in every further communication with Gallo Spa. The message includes all the information entered by the Customer who undertakes to check that they are accurate and to promptly communicate any correction, in accordance with the methods described in this document.
7. Should the order not be accepted for any reason, Gallo Spa guarantees that the Customer will be promptly informed.
8. Credit card The payment system currently accepts Mastercard, Visa and Maestro. Visa Electron cards not authorized for online payments are excluded. For purchases of merchandise by Credit Card, the bank of reference will authorize the crediting of the amount relative to the purchase made at the same time as the conclusion of the online transaction. Transaction will be authorized one the order will be placed.
8.1 If the order is canceled, either by the Customer or because the order is not accepted by Gallo Spa, Gallo Spa will request the cancellation of the transaction at the same time. The cancellation times, for some types of cards, depend exclusively on the banking system. Once the transaction is canceled, Gallo Spa cannot under any circumstance be considered responsible for any damages, direct or indirect, caused by delay in the failed reimbursement of the amount by the banking system.
8.2 Gallo Spa reserves the right to ask the Customer for additional information (for example land line number) or that a copy of documents proving the ownership of the Card used is sent. Without the documentation requested, Gallo Spa reserves the right not to accept the order.
8.3 At no time during the purchase procedure is Gallo Spa able to save the information relative to the credit card of the buyer, sent through secure connection directly to the bank site handling the transaction. No computer archives of Gallo Spa will keep record of the above data. Under no circumstance can Gallo Spa therefore be held responsible for any fraudulent and improper use of credit cards by third parties, at the time of the payment of the purchased products.
9. PayPal By selecting this option you will be directed to the PayPal site in order to complete the transaction. IMPORTANT: currently only PayPal payments coming from verified PayPal accounts are accepted. At the time of the order, PayPal will arrange to immediately debit the amount relative to the purchase made. Get more information on PayPal.
10. Bank transfer paid in advance In case of payment by Bank Transfer Paid in Advance, the items ordered will be sent only when the amount due is actually credited to the account of Alkemy Spa. The document showing that the transfer has taken place, including the CRO (operation reference code), must be sent to Alkemy Spa (via e-mail to the address firstname.lastname@example.org by and no later than 3 working days from the date the order is accepted. After this deadline, the order will be automatically considered canceled. The Customer must arrange a transfer corresponding to the amount specified in the order confirmation with the following references: Beneficiary: Alkemy Spa, Via San Gregorio, 38, 20124 Milan, Italy Servicing bank: Banca Sella IBAN: IT28Q0326801605052850880051 Description: "Order No. [number listed in the order confirmation e-mail]"
NOTICE: if you choose the payment by credit card, you will see ALKEMY S.P.A. as recipient on your bank statement.
Delivery methods and costs
11. Gallo Spa can only accept orders for delivery in the national territories listed in the options included in the order form. Gallo Spa has the right not to accept orders with delivery to islands or remote locations. Shipments to Post Office Boxes are not accepted.
12. For every order placed, Gallo Spa issues an invoice of the material shipped, physically sending it to the residence listed during registration pursuant to Art. 14 of the Presidential Decree 445/2000 and Decree Law 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order shall apply. No change in the invoice will be possible after it is issued.
13. For each outstanding order: - in case of holders of a VAT number, Alkemy S.p.A. issues an invoice and sends it to the e-mail or the residence address indicated during registration. The information supplied by the Customer when placing the order is taken into account to issue the invoice. No changes to the invoice are allowed after it has been issued. - in case of consumers as defined and qualified by the Decree Law 206/05 and following amendments, Alkemy S.p.A. issues an invoice only if expressly requested by the Customer when placing the order and sends it to the e-mail or residence address indicated during registration. The information supplied by the Customer when placing the order is taken into account to issue the invoice. No changes to the invoice are allowed after it has been issued. Being an online seller Alkemy S.p.A. is not obliged to issue an invoice (or sales or tax receipt) to a consumer (not holding a VAT number) according to art. 22 of the Presidential Decree dated 10/26/1972 no. 633 and art. 2 letter oo) of the Presidential Decree dated December 21, 1996 no. 696 (as confirmed by the Resolution no. 274/E dated November 5, 2009). If the invoice is not required by the Customer, Alkemy S.p.A. sends a sales receipt, not valid for tax purposes but useful only for assistance or guarantee, to the e-mail or residence address indicated by the Customer during registration.
14. The delivery costs are invoiced based on the rates listed on the Site or notified by Customer Service on the date the order was sent. The recipient of the merchandise is responsible for the payment of taxes and customs duties required by the current legislation in the country of destination of the products. The Carrier is responsible for the delivery. Alkemy Spa undertakes to receive any reports of failed or delayed delivery of the products through Customer Service and, if necessary, to assist the Customers in protecting their legal rights.
15. Unless specifically indicated by our Customer Service, delivery is considered at street level. At the time of the delivery of the merchandise by the carrier, the Customer is required to check:
• that the number of packages being delivered corresponds to what is listed in the transport document sent earlier via e-mail;
• that the packaging is intact not damaged or wet or in any case altered, as well as the closing material (adhesive tape or metal bands).
Any damage to the packaging and/or the product or if the numbers of packages or indications do not match, must be immediately disputed, by placing SUBJECT TO WRITTEN VERIFICATION on the carrier's proof of delivery.
Once the carrier's document is signed, the Customer cannot file any dispute regarding the exterior characteristics of what was delivered.
Any problems relative to the physical integrity, the correspondence or the completeness of the products received must be reported within 8 days of delivery via e-mail to the address email@example.com.
18. If the material stored in the warehouses of the carrier is not collected within 5 working days due to the repeated inability to deliver at the address indicated by the Customer at the time of the order, the order will be automatically canceled. In this case, Gallo Spa will reimburse the amount received as payment, net of the costs for the attempted, unsuccessful shipment.
Right of withdrawal
19. Pursuant to the European Community regulations in effect, if the customer is a consumer (in other words a natural person who is buying the merchandise for purposes not referred to his/her own professional activity), he/she has the right to withdraw from the purchase agreement for any reason whatsoever, without having to provide explanations and without any penalty, with the exception of the types of products for which this is expressly excluded and barring what is indicated in the next point 19.
20. The right of withdrawal can be exercised within 14 days from the receipt of the product with the following methods:
i) The Customer sends a letter, telegram, fax or e-mail addressed to:
c/o Alkemy Spa
Via San Gregorio 38
To this purpose, the withdrawal form published on the website can be used, even though this is not mandatory. Click here to download the form.
ii) The Customer Service contacts the Customer providing via e-mail the Return Authorization Number (RMA).
iii) The Customer lists the RMA Number on the return form received together with the delivery documents.
The product shall be returned to The Art of Gallo c/o Alkemy Spa, via Monte Bianco 5/7, 21015 Lonate Pozzolo (VA) within 14 working days from the receipt of the RMA. All costs to return the products are charged to the Customer.
Alkemy S.p.A. will collect the products at the shipping cost mentioned in the website only if, due to their nature, the Customer cannot return them by mail.
IMPORTANT: no returned merchandise will be accepted unless it has a returned authorization.
21. The right of withdrawal is in any case subject to the following conditions:
the right applies to the product purchased in its entirety; it is not possible to exercise the right to withdraw only on a part of the product purchased (i.e.: parts, accessories etc....);
the item purchased must be intact and returned in its original packaging, complete with all its parts (including packaging and any documentation and accessory: manuals, etc...); in order to limit damage to the original packaging we recommend, when possible, to place it in a second box on which a label must be placed listing the RMA number (return authorization number); in all cases, avoid placing labels or adhesive tapes directly on the original package of the product;
the shipment, until the verification of receipt in our warehouse, is the complete responsibility of the customer;
in case of damage to the item during transport, Gallo Spa will report this to the customer (within 5 working days from the receipt of the item in its warehouses) so that he/she can promptly file a report against the carrier chosen and obtain the reimbursement of the value of the item (if insured); in this case, the product will be made available to the customer for its return, at the same time canceling the request for withdrawal;
Gallo Spa is not responsible in any way for damages or theft/loss of returned goods shipped without insurance;
upon receipt, the product will be examined to assess any damages or tampering not resulting from the transport, which will be charged to the Customer. In any case the customer will be only responsible for the decrease in the value of the merchandise resulting from a different use of the product from the intended one to define its nature, characteristics and operation;
22. Except for any refurbishment cost for damages according to the preceding paragraph and net of the direct return costs pursuant to paragraph 18 (only if the Customer doesn’t return the products directly by mail), Gallo Spa will reimburse the customer for the entire amount already paid, within 14 days from the receipt of the withdrawal notice, by refunding the amount debited to the Credit Card or by Bank Transfer. In this last case, it will be the customer’s responsibility to promptly provide the bank details for the reimbursement (IBAN code of the current account of the invoice recipient).
Gallo Spa may suspend the reimbursement until receipt of the products or evidence by the Customer that the products have been returned, if prior.
23. The right is forfeited completely due to lack in the essential condition of integrity of the item (package and/or its content) if Gallo Spa verifies that integrating elements of the product are missing (accessories, parts, manuals, ...);
If the right of withdrawal has been forfeited, Gallo Spa will arrange for the relevant communication via registered letter with return receipt; the product will remain available to the Customer for 30 (thirty) days from the date the registered letter was sent. After this deadline, the product will be disposed of without further notice.
24. All the products sold by Gallo Spa are covered by a 24 month warranty for non-conformity. To use the warranty service, the Customer must keep the invoice (or the DDT) which he/she will received at his residence
25. The 24 month warranty applies to the product with non-conformity, provided the product is used correctly, in compliance with its intended use and with what is provided in the attached technical documentation. This warranty is reserved for the private Consumer (natural person who purchases the merchandise for purposes not referable to his/her professional business). In case of non-conformity, Gallo Spa will arrange, at no expense to the Customer, to refurbish the non-conformity of the product through repair or replacement, or cancellation of the agreement.
26. In case of DOA (Dead on Arrival: product not working upon delivery) the manufacturer reserves the right to replace the product or to credit the entire amount depending on product availability. The replacement or possible repair time of the product depends exclusively on the policies of the manufacturer.
27. If, for any reasons, they should not be able to provide their customer with a product under warranty (restored or replaced), Gallo Spa may, at their own discretion, arrange to return the entire amount paid or replace it with a product of equal or superior characteristics.
28. No damages can be requested from Gallo Spa for any delays in carrying out the replacements.
29. If the application of the warranties anticipates the return of the product, the items must be returned by the Customer in the original package (complete with all its parts (including packaging and any documentation and accessory: manuals, accessories, etc...); in order to limit damage to the original package, we recommend, when possible, to place it in a second box; in all cases labels or adhesive tape should not be placed directly on the original package of the product.
30. The data controller is Alkemy Spa, Via San Gregorio 38, 20124 Milan.
31. Any complaint must be addressed to The Art of Gallo, c/o Alkemy Spa, Via San Gregorio 38, 20124 Milan. For any additional information: E-mail: firstname.lastname@example.org
32. The sale agreement between the Customer and Gallo Spa is entered into in Italy and regulated by the Italian Law. For the settlement of civil and criminal disputes resulting from this distance sales agreement, if the Customer is a consumer the Court of reference of his/her municipality of residence has jurisdiction. In all the other cases, the Court of Milan has exclusive jurisdiction.