TERMS AND CONDITIONS
All images may be subject to change and improvement without notice. Notwithstanding the general and technical characteristics, images may, in some cases, be for reference only.
These general Terms and Conditions of Sale (hereinafter referred to as "GTCS") regulate the contract (hereinafter referred to as the "contract") for the sale of products (hereinafter referred to as the "PRODUCT" or the "PRODUCTS") offered by the website www.gea.bio owned by GMT G7 S.p.A. with registered office in Via Luigi Einaudi, 8 - 20832 Desio (MB) VAT number 03167980964, registered at the REA n. MB - 1650947 (hereinafter GMT G7 S.p.A. - through its website www.shop.gea.bio (hereinafter the "SITE") to the users of the SITE (hereinafter the "CUSTOMERS" or the "CUSTOMER").
2. Effectiveness and modification of the GTCS
2.1 The GTCS are published on the SITE to be easily read and known by the CUSTOMER before purchasing a PRODUCT. The GTCS must be accepted by the CUSTOMER before sending the purchase order and can be stored by the CUSTOMER on his computer and reproduced on paper by printing the file in which they are contained.
2.2 The GTCS applicable to the sale of the PRODUCTS are those published on the SITE on the date of the order for the PRODUCTS. The CUSTOMER, therefore, will have to make the above operations before proceeding to any purchase.
2.3 Some sales campaigns, depending on the specificity of the products, may be subject to special conditions of sale in addition to these General Conditions. Such special conditions will always be included in the proposal and accessible in a dedicated section of the showcase through a special link. The CUSTOMER must necessarily accept these special conditions before purchasing the PRODUCT of these specific sales campaigns, in addition to the GTCS.
2.4 The mere tolerance or lack of objection by GMT G7 S.p.A. of possible non-fulfilments of the CUSTOMER with respect to what is contained in the GTCS shall not be interpreted as a tacit acceptance of such non-fulfilments, nor as a will to derogate from what has been agreed between the parties.
2.5. GMT G7 S.p.A. reserves the right to modify, at any time, these GTCS.
3. Sales procedure and payments
3.1 The offer of the PRODUCTS presented on the SITE is subordinate to their effective availability.
3.2 The CUSTOMER that intends to proceed to the purchase of the PRODUCTS will have to manifest such will through a demand carried out directly on the SITE, in the section purposely dedicated, where, following the procedures previously indicated, it will send the own order of purchase and will carry out the payment. The data communicated for the payment will be communicated and processed by the company GMT G7 S.p.A. (Data Processing Manager Dr. Barbara Toma).
3.3. The technical steps to be performed for the conclusion of the Contract are as follows:
a) In order to proceed with the purchase, the CUSTOMER must necessarily register on the SITE, through his e-mail address and a password of his choice, which will become the credentials for access to the SITE.
b) The registered CUSTOMER will be able to access the site on-line, in which it will be able to visualize and to know the offers of the PRODUCTS, the photographies of the PRODUCTS, published to the only purpose to illustrate the PRODUCTS themselves.
c) Inside the situated one www.shop.gea.bio the CUSTOMER will be able to choose the PRODUCT to purchase that will automatically enter in the section "cart", in which it will be possible to know before the purchase and the payment, the eventual shipping fees, when previewed, and the times previewed for delivery.
d) To confirm the order, the CUSTOMER must enter in the "cart" section the shipping address and any other data useful for payment, including the details of the order via POS BCC Bank, these data remain editable until the final submission of the order, performed by "click" on the "buy".
The payment can be made through the system "POS BCC" or through a BANK WIRE on IBAN: IBAN IT73J08440334300000181214 – BIC/Swift CRCBIT21022 - BCC di Carate Brianza Filiale di Muggiò and must report the ORDER NUMBER and the reason for payment.
The charge will be made at the end of the purchase process carried out on the site.
3.4. The effectiveness of each contract is subject to the actual availability of the PRODUCT, as specified in art. 4.2 below.
3.5 The essential characteristics of the PRODUCTS, the price excluding VAT, VAT and any delivery costs can be viewed and known by the CUSTOMER prior to the conclusion of the Contract and before authorizing payment.
In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the appropriate section of the SITE where GMT G7 S.p.A., in addition to the description and characteristics of the PRODUCT, will also publish photographs for the sole purpose of representing the PRODUCT as a whole.
3.6 GMT G7 S.p.A. does not charge any fee or impose any expense for the access to the SITE.
The expenses sustained by the CUSTOMER are exclusively those of Internet navigation, as agreed between the CUSTOMER and his Internet Provider, GMT G7 S.p.A. remaining completely extraneous to this relationship.
3.7 Once the purchase order has been received, GMT G7 S.p.A. shall transmit to the CUSTOMER the receipt of the order, containing a summary of the content of the information relating to the sale and shall proceed to the execution of the purchase order, without prejudice to the provisions of art. 4.2 below.
4. Rights and obligations of GMT G7 S.p.A.
4.1 Delivery of the PRODUCTS: GMT G7 S.p.A., subject to the provisions of art. 4.2 below, undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, through the carrier responsible for their transport. GMT G7 S.p.A. cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. GMT G7 S.p.A. will also not be held responsible for any damage that may occur to the PRODUCTS after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
GMT G7 S.p.A. executes deliveries in the whole Italian and European territory. P.O. Boxes and Postal Codes are not considered valid addresses for delivery purposes.
4.2 Unavailability of the PRODUCTS: GMT G7 S.p.A. reserves the right to communicate to the CUSTOMER within 10 days from the purchase to the e-mail address associated to his profile, the possible unavailability of one or more of the purchased PRODUCTS. In this case, if the customer does not intend to move the delivery date or if the product should not be available anymore, GMT G7 S.p.A. will provide for the total refund (on the payment card or on the POS account or on the bank account indicated by the same for the purchase) Only in agreement with the CUSTOMER and with the written consent of the latter, exclusively on proposal of GMT G7 S.p.A., the latter can send a similar PRODUCT, for characteristics and performance of use, different from the one ordered, of equivalent or superior value.
The shipment expenses are to load of the customer.
The shipment will start only once the payment is successful. Delivery times may vary, unless unforeseen, between 2 and 7 working days from the successful completion of payment.
5. Rights and obligations of the customer
5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to GMT G7 S.p.A. and requested by the latter through the WEBSITE, and undertakes to promptly communicate any changes in the data entered on the WEBSITE.
5.2 The CUSTOMER, at the time of confirmation of the purchase order declares:
a) to have read, understood and accepted the GTCS and any Special Conditions of Sale, if provided for a specific PRODUCT/order.
b) to authorize GMT G7 S.p.A. to process their personal data, for the specific uses, communicated at the time of purchase, and to transmit to the Data Processing Manager (as indicated in art. 3.2) the personal data necessary for the processing of payment in the manner indicated.
5.3 The CUSTOMER undertakes, once the purchase procedure on the WEBSITE is completed, to save an electronic copy and to print the Contract and the GTCS for their preservation, as indicated in the previous art. 2.1.
5.4 Payments: in case of payment by credit card, the CUSTOMER undertakes, if requested by GMT G7 S.p.A., to send within 24 hours a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the required submission, GMT G7 S.p.A. may refuse the payment and cancel the order.
The purchase receipt corresponding to the order will be displayed on the SITE and can be printed using the appropriate link.
5.5 Delivery of the PRODUCTS: At the time of delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER must check, in the presence of the carrier:
a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document;
b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even if only in the closing materials.
c) that the quantity and the typology of the delivered products correspond to what was ordered.
Any anomalies or discrepancies must be challenged immediately to the carrier at the time of receipt of the products, by their indication in the delivery note.
d) It should be noted that once signed the delivery note the customer releases the carrier from any responsibility assuming on its own such responsibility from that moment on.
5.6 Assistance: For any need of assistance or complaint related to the purchased products, the customer must contact GMT G7 S.p.A. at the addresses indicated in the following point 11 of the GTCS.
6.1 Warranty: GMT G7 S.p.A. will provide, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of conformity to the conditions and terms referred to in art. 128 and ss. of D. Lgs. N. 206/2005 and s.m.i. In case of lack of conformity, the CUSTOMER will have the right to obtain a replacement PRODUCT in conformity, or the restitution of the price. At the moment of the receipt of the claim, if the CUSTOMER requests the substitution of the non-conforming PRODUCT, GMT G7 S.p.A. will verify the availability of the substitutive PRODUCT (conforming to the specifications of the order) and, in case of non-availability, will credit back to the CUSTOMER the whole price paid by the CUSTOMER in addition to the shipping costs, using the same means of payment used by the CUSTOMER for the purchase.
6.2 The rights born from the legal guarantee of conformity will be able to be exercised on condition that the PRODUCTS have been used correctly, with the due diligence and in the respect of the destination of use and how much foreseen in the indications and/or instructions attached, as well as after exhibition from the CUSTOMER of the delivery note received and the indication of the number of order. The expenses related to the return of PRODUCTS due to the exercise of the warranty will be charged to GMT G7 S.p.A.
6.3 The legal warranty of conformity applies only to defects not arising from the normal use of the PRODUCT.
7. Right of withdrawal
7.1 The CUSTOMER has the right to withdraw from the Contract, without any penalty and without specifying the reason, starting from the receipt of the order confirmation sent by GMT G7 S.p.A., within and not later than 14 days from the receipt of the PRODUCT at the address indicated for the delivery.
Full proof of receipt is the date shown on the delivery note.
7.2. Within and not later than the term referred to in art. 7.1 above, the CUSTOMER may inform GMT G7 S.p.A. of his decision to exercise the right of withdrawal from the contract in the following ways:
a) by submitting to GMT G7 S.p.A. any explicit statement of its decision to withdraw from the contract. In this case, GMT G7 S.p.A. shall communicate without delay to the CUSTOMER a confirmation of receipt on a durable medium, of the exercised withdrawal.
7.3. It is the responsibility of the CUSTOMER to offer proof of the exercise of the right of withdrawal, in accordance with the provisions of these GTCS.
7.4. If the PRODUCT has already been delivered, the CUSTOMER will be obliged to return it to GMT G7 S.p.A. promptly, within and not later than 14 days from the date on which he communicated to GMT G7 S.p.A. his decision to withdraw from the Contract. Shipping and packaging costs are always borne by the CUSTOMER. The returned goods must be sent to the following address: GMT G7 S.p.A. Via Luigi Einaudi, 8 - 20832 Desio (MB)- Italy.
7.5. The expenses for the return of the goods to, are charged to the CUSTOMER, who will have to ship the PRODUCT duly packed and packaged. GMT G7 S.p.A. does not accept damaged returns, but kept in a normal state of preservation, kept with the use of normal diligence. The CUSTOMER will have to put inside the packaging box a copy of the delivery document. In particular, the PRODUCT will have to be returned correctly, packed in its original packaging, in perfect state of resale (not ruined, damaged or dirty) and provided with all its possible accessories, instructions for use and documentation and provided with the Invoice in order to allow GMT G7 S.p.A. to identify the CUSTOMER (order number, name, surname and address).
The PRODUCT must not show signs of use, i.e. it must not bear any traces of use and must not be in such a state as not to allow its resale.
7.6. The CUSTOMER is responsible for the integrity of the PRODUCT that must be in the same conditions in which it has been received by the CUSTOMER.
7.7. If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GTCS, GMT G7 S.p.A. after having verified the integrity of the returned goods, will refund the CUSTOMER the payment received with the same payment method used by the CUSTOMER at the moment of purchase, within 14 days from the moment GMT G7 S.p.A. has received and verified the state of the returned goods. The display of the refund of the return on the CUSTOMER's account or POS card, will depend on the credit card circuit and the Bank of support of the CUSTOMER.
7.8. The right of withdrawal is excluded if the sale has as its object:
a) the purchase by the CUSTOMER of a Service, already exercised;
b) the supply of PRODUCTS made to order or customized;
c) the supply of products that, after delivery, are, by their nature, inseparably mixed with other products;
d) contracts in which the customer has specifically requested a visit from the professional appointed by GMT G7 S.p.A. in order to carry out urgent repair or maintenance work. If, on the occasion of such visit, the professional should provide Services in addition to those specifically requested by the Customer or PRODUCTS other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal shall apply to such additional Services or PRODUCTS;
8. Use of the Site
8.1 Description and display of the PRODUCTS: The descriptions of the PRODUCTS and the images on the SITE correspond to what is made available by the manufacturers of the products. Photographs and video presentations of the PRODUCTS accompanying the descriptive information are published on the SITE by way of description, bearing in mind that the quality of the images (for example in terms of the exact display of colors) may depend on the software and computer tools used by the CUSTOMER when connecting to the SITE.
8.2 Malfunctions: GMT G7 S.p.A. does not assume any responsibility for problems caused to the CUSTOMER by the use of the SITE and the technologies used as not depending on its own will, such as, by way of example:
a) errors, delays or impossibility of access to the WEBSITE by the CUSTOMER during the execution of the sale procedure;
b) errors, delays or impossibility in the receipt, by the CUSTOMER, of communications made by GMT G7 S.p.A. in relation to the sale of the PRODUCTS.
9. Intellectual and industrial property rights
9.1 informs that the SITE, as well as all trademarks and distinctive signs used by GMT G7 S.p.A. on the site www.gea.bio and www.shop.gea.bio in relation to the sale of the PRODUCTS, are protected by applicable intellectual and industrial property rights and that it is forbidden any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they occur, of the contents of the SITE, trademarks and distinctive signs used by GMT G7 S.p.A. (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, functions and design of the SITE).
9.2 GMT G7 S.p.A. does not assume any responsibility for the trademarks and other distinctive signs that appear on the PRODUCTS marketed by it on the SITE, with respect to which the CUSTOMER does not acquire any right following the conclusion of the AGREEMENT.
10. Protection of Personal Data
10.1 GMT G7 S.p.A. is the owner of the personal data collected at the time of registration on the SITE, as well as those subsequently communicated at the time of purchase by the CUSTOMER.
For information on the processing of personal data, including the rights under Art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the site.
11.1 For any communication it is possible to contact GEA at GMT G7 S.p.A. > e-mail email@example.com and tel. +39 0362 638951
12. Applicable Law
12.1 The applicable law to the sale of the PRODUCTS is Italian law.
12.2 The possible invalidity of single clauses of the AGREEMENT or of the GTCS will not imply the invalidity of the whole AGREEMENT or of the GTCS.