TERMS & CONDITIONS
INTRODUTCTION
We recommend carefully reading these Terms of Sale on the Website (the “Terms and Conditions of Sale”) before ordering products on the Website (the “Product” or “Products”). These Conditions, together with the general conditions of use, govern mutual relations relative to the use of the Website and the purchase by you of one of our (our) Product(s) through said Website or by telephone communication. In regard to any questions regarding these terms and conditions, or if you do not intend to accept their application, please contact our Customer Service department at the following email address: customerservice@giovannacantoni.it or at telephone numbers +39 0575 22 939 or +39 344 2986980 before proceeding further. The following information is provided pursuant to Article 49 of the Consumer Code (Legislative Decree no. 206 of 6 September 2005 – hereinafter also the “Consumer Code”). Please click on the “Complete Purchase and Pay” button in the Order Confirmation section of the Website before sending us your order (the “Order”) as a sign of acceptance of these Terms and Conditions of Sale. Please note that, in case of non-acceptance of these Terms and Conditions of Sale, you shall not be able to purchase any Product on our Website.
WHO WE ARE
We are GC CANTONI S.r.l., a company registered in the Companies Register of Arezzo. Our registered office is located in Via Monte Falco 31, 52100Arezzo (Italy), our Tax code/VAT no./Registration Number is Arezzo 02189870518. You can contact us by email at customerservice@giovannacantoni.it or at +39 0575 22 939 or +39 344 2986980. The website to which these Terms and Conditions of Sale apply for which we assume responsibility is www.giovannacantoni.it (the “Website”).
WHO CAN BUY PRODTUCS?
You must be over 18 years old to purchase our products.
In regard to the customer’s country of residence:
– If you are resident in Italy or the European Union you can purchase products by clicking on www.giovannacantoni.it;
– If you are resident in another country, or wish to make a shipment to a different country, please contact our Customer Service department at the following email address: customerservice@giovannacantoni.it or at the numbers +39 0575 22 939 or +39 344 2986980 before proceeding, in order to jointly evaluate the terms and conditions of sale and shipment conditions.
Procedure for finalisation of contracts
Orders are made through the Website in the manner described below:
When you are ready to make a purchase, click on ‘add to cart’ to add the product you intend to purchase to your cart. Then continue by clicking on ‘proceed to purchase’ by accessing our secure servers to complete your Order. If it is your first purchase on the Website, at the end of the payment transaction you can decide to create an account with us using your email address; in this case you shall be asked to generate a password. The password must remain secret and must not be communicated or shared with anyone else. A secure password storage tool is provided to allow you to recover it in case of loss on future purchases. You shall then be asked to enter your address. The address with which you register must be the same with which the card was registered, it shall later be possible to indicate a different address for shipment.
If you are already registered on the Website, you can enter your login details to access your account.
Please indicate the preferred delivery method (if there are applicable shipment costs, they shall be applied to the total amount and you shall be able to check the amount before sending the Order), to confirm your address and enter your payment details. You can check and correct any errors in your Order before sending by clicking on the ‘Complete Purchase and Pay’ button.
It is your responsibility to ensure that your Order is correct before confirming it. If you encounter problems with your Order, please contact our telephone numbers +39 0575 22 939 or +39 344 2986980.
A confirmation email shall then be sent to you to confirm receipt of your Order. The message shall be automatically sent to the email address with which you registered. Please note that this does not mean that your Order has been accepted. In fact, your Order is a mere contractual proposal for the purchase of the Product (s) at the price indicated in the Order.
All Orders are subject to our prior acceptance. We are not required to accept your Orders and reserve the right to reject them at our discretion. However, please remember that by clicking on the ‘Complete Purchase and Pay’ button, you assume the obligation to pay the price of the Product (s) should your Order be accepted.
After sending the confirmation email, we shall ensure that we are able to carry out your Order. The possible acceptance of your Order shall be confirmed by the sending of a second email (the “Shipment Mail”) to confirm your Order and shipment of the Product (s) to the address you indicated for shipment, also specifying the expected delivery date. The message shall be automatically sent to the email address indicated during registration. We shall then proceed to process the payment information you provide in order to credit the payment of your Order.
The contract between the parties (the “Contract”) is concluded by sending the Shipment Mail and the consequent confirmation and acceptance of your Order. After the conclusion of the Contract, GC CANTONI S.r.l. shall be obliged to deliver the Products in accordance with the provisions of the Contract.
The Contract only concerns the Product (s) whose shipment has been confirmed by the sending of the Shipment Mail. We shall not be required to supply other Products included in the Order until the shipment of these Products is confirmed with a separate Shipment Mail.
Please check the confirmation e-mail and the Shipment e-mail for greater security and immediately report any errors.
Should problems be found with your Order, you will be contacted by a representative of GC CANTONI S.r.l.
PAYEMENTS
The prices and shipment costs may be subject to variation at any time, without prejudice to the Orders already confirmed by the sending of the Shipment Mail. Prices are checked regularly. However, if we find a change or an error in the price upon receipt of your Order, we shall contact you to check whether you intend to proceed with the purchase by applying the correct price. In case of your confirmation in this sense, please remember that this does not mean there is any obligation on our part to supply the Product (s) until the dispatch of the Shipment Mail confirming the Order. The prices of the Products indicated on our Website at the check-out time include all taxes (including VAT) due on the purchase of the Products, but excluding shipment costs, which shall be automatically applied to the total amount at the time of display of the content in your Cart. All payments must be made when the product (s) are shipped. Payment of the Product (s) must be made by credit or debit card. We accept payments by MasterCard, Maestro, Visa, Visa Electron, American Express, Aura and Discover through PayPal. Should we be unable to accept your Order for any reason, we reserve the right to choose whether to refuse your debit or credit card or refund the sums paid for your Order. No shipment of the Product (s) shall be made until full payment has been received. Please note that a fee for online transactions may be applied to the payment if required by your card issuer. This commission is not attributable to us. With regard to card payments, credit and debit card holders may be subject to authorisation and authentication. We are not responsible for any delay or non-delivery of the Product (s) you have ordered if the issuer of your card or our service provider rejects or does not authorise or validate the payment for any reason. By providing us with your information, you expressly consent to its communication to third parties; the subsequent retrieval of further data by third parties, including, for example, where appropriate, your name, address, telephone number, credit or debit card details or credit reports; authentication of your identity and shipment address for the Product (s); upon confirmation of your payment card and obtaining the authorisation necessary to make the payment for the Product (s). Your personal data shall be processed by GC CANTONI S.r.l. in compliance with our Privacy Policy.
DELIVERY AND TRANSFER OF THE RISKS
The delivery of the Product (s) shall take place at the address indicated by you in the Order within the deadline communicated in the Shipment Mail, but an exact delivery date cannot be guaranteed. If the Product (s) has not been delivered within 30 days of the Contract or any other agreed date, you shall have the right to withdraw from the Contract and any amount paid by you shall be refunded without further delay. The ownership and risks relating to the Product (s) shall pass to you upon delivery
DAMAGED AND/OR DEFECTIVE PRODUCT
Upon delivery you are obliged to inspect the Product (s) in order to check for any defects or damage. Should you find defects or damage, you must report it as soon as possible and we shall arrange for its return to our Customer Service department, without any expense on your part. The stores in Italy are not authorised to accept returned products or to exchange goods. However, shipment information shall be available at these stores for customers who intend to return damaged or defective products. Should it be ascertained that the damage to the Product (s) occurred before delivery, or that the defect is not attributable to your fault or use, we shall arrange for its repair or replacement or fully refund the price you paid, including any shipment costs, provided that the damage was not caused by worn or used Product (s). If you prefer the Product (s) to be repaired or replaced, please contact us and we shall replace the item at no additional cost, where this is reasonably possible. In addition, we shall reimburse you for the costs incurred for returning the item or send you a pre-paid parcel for return of the damaged or defective item. In the event of a lack of conformity of the Products pursuant to Article 129 of the Consumer Code, the legal warranties referred to in Articles 129, as amended, of the Consumer Code. You have the right to restore, without charge, the conformity of the goods through repair or replacement. If it is impossible to carry out the above remedies, you shall be entitled to an adequate reduction in the price of the products, or to terminate the contract. These rights are waived if the lack of conformity is not notified within two months from the date on which it was discovered. Our responsibility extends to the detection of any lack of conformity within two years from the delivery of the products. In any case, the right to take action to ascertain any lack of conformity, if not maliciously concealed by us, automatically ceases after twenty-six months from the delivery of the products.
Information about the product
Despite all efforts to represent the Product (s) as accurately as possible in the photographs and other images on the Website, some items may seem slightly larger or smaller than their actual size due to screen defects or the photographic techniques used. Other articles could be represented on a larger scale than the actual size in order to highlight all the details, or on a smaller scale in order to show the article in its entirety. In addition, the details displayed on the screen (such as colours, designs, textures etc.) depend on the device used and therefore may not faithfully reflect the real properties of the Products that shall be delivered to you.
Disclaimer
These Terms and Conditions of Sale shall not exclude our liability to you in the following cases:
– personal injury or death resulting from our fault;
– wilful misconduct or contractual malice;
– violation of the rules of the Consumer Code; or other events for which the exclusion of our liability (or any attempt to exclude it) is not permitted
We shall not be liable for any delayed or omitted fulfilment of our services under the Contract if this was due to a cause not attributable to us. Please note that no clause contained in these Terms and Conditions of Sale shall in any case affect the rights due to you pursuant to the law
YOUR RIGHT OF WITHDRAWAL
Subject to the terms and conditions detailed in the code, if you are a consumer (i.e. if you are not purchasing, in whole or in part, for purposes related to commercial, entrepreneurial, craft or professional activities), pursuant to Article 52 of the Consumption Code, you have the right, in addition to the other rights due to you, to withdraw from this Contract without just cause and to receive a refund of the price paid including any shipment costs (any shipment costs incurred by GC shall not be refunded by CANTONI S.r.l.).
Products that cannot be returned
Products cannot be returned in the cases referred to in Article 59 of the Consumer Code, for example for the purchase of specially customised, engraved or individualised products; for the supply of sealed articles that cannot be returned for sanitary or hygienic reasons in relation to which the seals have been removed after delivery, etc…
Gifts
The recipients of the gifts are entitled to the replacement of the goods but not to a refund unless requested by the person who placed the order. To request another product or refund for the purchaser, please follow the instructions inside the package.
Period within which the right of withdrawal may be exercised
You have the right to withdraw from the Contract at any time before the Order is delivered and up to 30 days after that date, starting from the day of purchase of your Order (the “Cooling-off Period”).
Withdrawal notification
To exercise the right of withdrawal, you are required to send an unequivocal communication, preferably in writing, to GC CANTONI S.r.l., Via Monte Falco 31, 52100 – Arezzo (Italy), Tax code/VAT no./Registration Number Arezzo; via email to customerservice@giovannacantoni.it (specifying your name, address and order reference number); or by filling in the appropriate withdrawal form available on the Website and sending it to the above-mentioned addresses.
Timescales and instructions for returns
If you decide to withdraw from the Contract, you are required to return the Product (s) following the instructions in the package together with the instructions to download the label that lets you return the goods for free.
The products must be returned within 30 days from the date of purchase or within 14 days from notification of withdrawal, in the same condition in which you received them. If you do not return the product (s) within the above-mentioned timescale, and in accordance with the instructions included in the package, we reserve the right to collect the goods from you at your expense.
You are required to observe the necessary diligence in looking after the Product (s) in your possession. In the event of default, we reserve the right to deduct the cost of any deterioration of the Product (s), up to the full price from the amount to which you would otherwise be entitled as a refund.
If you do not print the free return shipment label, and decide to ship the goods at your expense, we recommend that you ensure that the Product (s) is (are) adequately insured for transport.
Only GC CANTONI S.r.l. in Turin, Corso Vittorio Emanuele II, 74D can accept returns. Returns shall be subject to the shop’s terms and conditions. Kindly contact the shop to inquire about our adopted policies, at the email address customerservice@giovannacantoni.it or at the telephone numbers +39 0575 22 939 or +39 344 2986980.
Reimbursement
If the Product (s) is (are) returned according to the terms indicated, we shall reimburse the full price of the Products (except for any deductions due to use of or damage to the Product) as well as the standard shipment costs paid.
Reimbursement shall be made within 14 days from, respectively:
– the sending of our email confirming that your order has been cancelled;
– if the Products have been delivered to you, from the receipt of the Products returned by you or, if earlier, from the day on which proof that you returned the Products is provided.
If the Products have not been delivered to the shipment address indicated by you, within 30 days of the finalisation of the Contract.
These Terms and Conditions of Sale and any other document expressly referred to therein constitute the entire agreement between the parties with reference to the subject matter of the Contract. The Contract and any further communication between the parties shall be in Italian.
Should the sale be made in a country other than Italy, the parties shall decide in which language the contract must be finalised. As indicated in the section “Who can buy our products” if the buyer lives outside the Italian territory, please contact our Customer Service department at the email address customerservice@giovannacantoni.it or at the telephone numbers +39 0575 22 939 or + 39 344 2986980 before proceeding. The format, existence, construction, execution, validity or any other aspect of these Terms and Conditions of Sale or any of the clauses contained therein are governed by Italian law. Any disputes regarding the interpretation, validity or execution of these Terms and Conditions of Sale subject to the exclusive jurisdiction of the competent court in the consumer’s place of residence or domicile. You have the right to request the application of an out-of-court resolution mechanism for disputes arising under the Contract with the competent bodies set up by the Chambers of Commerce pursuant to Law no. 580 29 December 1993, as well as the mediation procedure pursuant to Legislative Decree no. 28/2010, as amended, in accordance with the provisions applicable by the body selected by you, without prejudice to the possibility of using the voluntary negotiation procedures referred to in Article 2(II) of the above-mentioned Legislative Decree, as well as the complaint procedures provided by the service charter. Any invalidity or ineffectiveness ascertained in court of one or more clauses of these Terms and Conditions of Sale shall not affect the validity and effectiveness of the remaining provisions. No delay or failure to exercise the faculties, rights or remedies attributed pursuant to these Terms and Conditions of Sale shall be valid as a waiver of the same, nor shall the partial exercise of these powers, rights or remedies prevent further exercising of the same in the future. Any communications to us must be made in writing to the address indicated at the beginning of these Terms and Conditions of Sale. Any communications to you may be made both to the email address and to the postal address provided by you when sending the Order.