Terms and conditions
1. GENERAL CONDITIONS FOR ON-LINE SALE
GIAMAIO has created and published the site giamaio.com (the "Site") (with the aim of offering a service reserved exclusively to its customers. The products on sale on the site are intended for the final consumer. By final consumer, Giamaio means a person natural person who acts for purposes unrelated to his business or professional activity, or legal person who is not limited to the resale of goods purchased on the Site.
In consideration of the commercial policy described above, these conditions of sale will not apply to orders for goods whose use is not intended for the final consumer.
CUSTOMER REQUIREMENTS
To place orders on the website www.giamaio.com (the "Site"), Customers must:
– Accepting the Terms of Use of the Site, the Privacy Policy and these General Terms and Conditions of Sale;
– be at least 18 years old;
– Possess the necessary requirements to be able to enter into legally binding contracts.
– Have a valid email address.
– Have a valid credit card for payment.
In view of the above, GIAMAIO (hereinafter also referred to as " GIAMAIO ") reserves the right not to accept orders from customers without the aforementioned requirements. Likewise, orders destined for non-enabled countries cannot be processed.
These Conditions can be printed or saved in compliance with art. 12 Legislative Decree 70/2003 and art. 50 Legislative Decree 206/2005 as amended by Legislative Decree 21/2014.
2. INFORMATION ON THE PRODUCTS FOR SALE AND IMAGES
For each Product for Sale there are images, a description containing the main characteristics, measurements and price (the "Sales Price") which is inclusive of VAT.
The descriptions and information relating to the Products on the Site are intended to provide a Service to its customers. The same are for informational purposes only and may not be perfectly and exactly representative of the characteristics of the product.
Giamaio declines all responsibility for the possible non-compliance of the colors of the products purchased with those displayed on the Customer's monitor/screen when this is due to particular configurations and/or malfunctions of the latter.
Giamaio declines all responsibility for any inaccuracies which, if reported to us, will be promptly corrected.
For more information on the matter, you can contact: info@giamaio.com
3. PRICES and PAYMENT METHOD
All prices published on the site, payments, receipts and invoices of orders are exclusively in Euros.
Prices are inclusive of VAT.
The Shipping Costs are charged to the Customer for an order within the amount of € 50.00 and will be indicated and counted separately from the Sale Price. For an order over the amount of €.50,00 the shipping costs will be charged to Wild Solution.
Giamaio reserves the right to change the price of the products for sale at any time, without notice.
Giamaio reserves the right to change the Shipping Costs of the products at any time, without notice.
The Customer is required to ascertain the Sale Price, including the Shipping Costs, before forwarding the relative order proposal.
Each order contains details of the value of the individual products purchased and their total.
The items on sale will be shown in the eventual invoice only with the final price already discounted.
Giamaio only accepts the following means of payment:
A. CREDIT CARDS
The Customer can make the payment with credit cards belonging to the Visa, Mastercard and American Express circuits.
All transactions are processed through a secure server, guaranteeing customers maximum data protection.
In any case, no costs will be charged for the use of the above means of payment or, in the cases expressly established, rates that exceed those incurred by the company.
In case of purchase by credit card, the financial information will be sent via an encrypted protocol to the entity that provides remote electronic payment services. This information will be used by GIAMAIO only to proceed with the purchase or for any refund procedure in the event of a return following the exercise of the right of withdrawal or to report any fraudulent commission to the competent authorities. GIAMAIO will not store such data and in no case can it be held responsible for any fraudulent or illegal use of payment cards by third parties at the time of payment.
In order to guarantee greater protection on purchases made in the e-commerce sector, GIAMAIO recommends its Customers to join the Verified By Visa or Mastercard Securecode services or to contact their credit institution to obtain information on the matter.
B. BANK TRANSFER
By choosing payment by bank transfer, at the conclusion of the order the customer automatically receives a confirmation email containing GIAMAIO's bank details, following which the goods are set aside awaiting the arrival of the transfer to the account.
The customer is required to send a copy of the payment by FAX or by e-mail within 48 hours of receiving the order confirmation.
If within this period GIAMAIO does not receive the copy of the payment, it will cancel the order.
GIAMAIO will ship the order when the transfer has reached our bank account and as soon as the goods are available for shipment.
C.PAYPAL
By choosing the Paypal payment method, the customer can pay directly through his Paypal account. GIAMAIO reserves the right to ship the goods only to the address indicated on the account verified by Paypal.
4. PURCHASE PROCESS AND ORDER FULFILLMENT
To place an Order, the Customer must follow the procedure indicated on the Site by providing all the necessary data.
During the purchase process and before the end of the same, the Customer may request the issuance of the invoice by providing all the necessary tax data at the same time. Failing that, the invoice cannot be requested or issued at a later time.
The purchase process begins with the transmission of the order proposal (the "Order Proposal") by the customer
The transmission of the Order Proposal to the Seller constitutes a binding purchase proposal for the Customer and involves the automatic generation of a user account if the Customer does not already have one. It is advisable to change the automatically generated password with another secure one of your liking and to periodically change it for greater security of your account.
GIAMAIO will send the Customer an email to confirm receipt of the Order Proposal. This email contains a mere summary of the products contained in the Order Proposal so that the Customer can check it.
This email does not constitute Acceptance of the Order Proposal.
In the event that GIAMAIO encounters a recognizable error in indicating the price of a product or in calculating the amount requested in payment, it will not accept the Order Proposal and will contact the Customer via email in order to offer the opportunity to transmit the purchase order proposal for the product(s) at the correct price.
Once the completeness of the data entered by the Customer and the effective availability of the requested products have been verified, GIAMAIO will send a second email to the Customer which will be valid as Acceptance - total or partial - of the Order.
Only upon receipt by the Customer of this last email, the contract can be considered concluded for the products specified therein.
GIAMAIO reserves the right to refuse Order Requests:
– whose data is incomplete or incorrect,
– in the event that there are insufficient guarantees of solvency or
– when the payment is not successful or your Bank is unable to receive a check from the Customer's bank.
If the existing funds on the chosen means of payment are sufficient for the purchase and the bank details provided are valid, GIAMAIO will proceed to accept the order upon receipt of the bank confirmation of the transaction.
Once the order has been accepted, the Customer will not be able to modify and/or cancel it in the part concerning customized and/or customized products.
Orders including multiple products could be processed separately at the discretion of GIAMAIO.
The availability of items for sale on the Site is updated in real time.
However, technical problems, disservices from supplier companies or orders placed by different customers at the same time could lead to stock misalignments. GIAMAIO therefore reserves the right to reconfirm the availability of the articles object of the order request.
In the event that the requested items are no longer available or the order cannot, for any reason, be processed, GIAMAIO will promptly notify the Customer via email.
The shipment is made by courier chosen by GIAMAIO.
For shipments to countries other than Italy, the shipping costs are charged to the Customer and will be indicated before the conclusion of the Order Request.
The shipment is made to the address indicated in the "shipping address" field in the purchase order.
Items already available in stock are generally shipped within two working days following the sending of the Order Confirmation. During the period of sales or promotions, shipments may take longer.
Order Requests made during the weekend and on public holidays (January 1, January 6, Easter and Easter Monday, April 25, May 1, June 2, June 24, August 15, November 1, December 8 and December 25-26 ) will be processed starting from the next working day.
In all cases GIAMAIO reserves the right to postpone the shipment if events with causes of force majeure occur.
GIAMAIO is not responsible for any delays due to couriers, customs operations and controls or due to force majeure, lock-down and limitation of travel or performance of its business due to provisions of the National Authorities by virtue of the COVID-19 emergency, or to events in any case not dependent on GIAMAIO.
When the Order is shipped, GIAMAIO and/or the shipping company will send an e-mail to the Customer containing the tracking number and a link to monitor the progress of the shipment.
Upon arrival of the goods, Customers are requested to carefully inspect the package before affixing their signature as proof of delivery of the shipment.
If the package appears to have been tampered with or if the adhesive tape is not intact, the Customer is required to sign for receipt "with reserve" immediately reporting the incident to the courier and contacting GIAMAIO at the email address: info@giamaio.com
All Customers who place an Order Request undertake to accept delivery of their package.
If the package is not delivered for reasons dependent on the Customer (wrong address, recipient always absent, incorrect telephone number, refusal, etc.), the shipping and re-shipping costs as well as any customs duties will be charged to the Customer.
4. INVOICE REQUEST
The invoice can be requested from our accounting office, by e-mail at info@giamaio.com, no later than 10 days from the payment of the order.
5. WARRANTY ON ITEMS
The items that can be purchased on giamaio.com are NEW and therefore enjoy a guarantee in accordance with Italian law pursuant to Legislative Decree. 206/2005 (consumer code).
WARRANTY means the repair or free replacement of the components or parts of the appliance recognized by the relative manufacturers as defective in manufacturing or material. The warranty does not cover accidental damage or damage resulting from loss, non-use of the item, damage caused by loss of information stored by the customer in any form. Furthermore, we decline all responsibility for any damages that may, directly or indirectly, derive to people, things or animals as a result of failure to observe the instructions indicated in the specific operating booklets and concerning, especially, the warnings regarding INSTALLATION, USE AND MAINTENANCE OF THE 'DEVICE.
For consumers, i.e. those who purchase for purposes unrelated to their professional or business activity, Legislative Decree No. 206 of 6 September 2005 will apply (two years under the conditions of law);
For other buyers, who usually purchase with a VAT number, the legal guarantees referred to in articles 1490 and following of the civil code will be valid (one year under the conditions of the law).
In any case, any warranty extensions issued directly by the manufacturer remain unaffected.
WARRANTY TERMS
The warranty is valid for the period indicated, starting from the date of receipt/invoice on all parts of the item not subject to wear due to malfunctions attributable to manufacturing defects.
The warranty DOES NOT APPLY to damage caused by negligence, incorrect use and installation and NOT IN COMPLIANCE with the warnings and indications given in the instruction or installation manual, by misuse, mistreatment, deterioration, lightning, atmospheric phenomena, overvoltages and overcurrents, insufficient or irregular power supply, adaptation or modification, nor damage caused by incorrect use or in CONTRADICTION WITH THE TECHNICAL AND/OR SAFETY MEASURES REQUIRED IN THE COUNTRY WHERE THE APPLIANCE IS USED.
If, during the warranty period, one or more parts are replaced for repair with part or more parts not authorized by the relevant manufacturers, or not meeting the safety and quality measures appropriate for the same, or if the repair is carried out by UNAUTHORIZED personnel, the buyer loses the right to repair.
6. RIGHT OF WITHDRAWAL
Purchases on our site are subject to the provisions of Legislative Decree no. 206/2005 (Consumer Code), dictated on distance contracts, in cases where the delivery of the goods takes place at the home or place indicated by the purchaser, as these purchases are completed outside the commercial premises.
The importance of the aforementioned legislation is substantiated in the provision for the purchaser of the right of withdrawal.
WHAT IS IT ABOUT?
The consumer has the right to withdraw from the contract within the conventional term of 30 days from receipt of the goods, returning the object of withdrawal to the seller. It should be noted that in the case of prize operations (the so-called promotions), in which the purchase of an asset is combined with another asset that is sold at a negligible price or even given as a gift, the right of withdrawal will be legitimately exercised with the return of both goods purchased, given the constraint of the accessory nature of the good in promotion with respect to the first.
CAN I EXERCISE THE RIGHT OF WITHDRAWAL?
The legislation provides that the right of withdrawal can be exercised only by natural persons (consumers) who act for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, cannot be exercised by legal persons and natural persons acting for purposes related to a commercial activity. Purchases made by resellers or by subjects who in any capacity purchase for resale to third parties are also excluded from the right of withdrawal.
WHAT'S INCLUDED?
GIAMAIO will reimburse all payments relating to the order subject to withdrawal received from the consumer, possibly including delivery costs net of additional costs.
The consumer will in any case bear the direct cost of returning the goods.
GIAMAIO may withhold the refund until it has received the goods or until the consumer has demonstrated that he has sent them back, depending on which situation occurs first.
The consumer must return the goods without undue delay and in any case within 10 days from the date on which he communicated his decision to withdraw from the contract. The deadline will be met if the consumer sends back the goods before the 10-day period has expired.
The consumer will in any case be responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning.
HOW IS THE RIGHT OF WITHDRAWAL EXERCISED?
The following components, documents and data must be available:
– Original packaging not worn and intact of all their parts
– Purchase receipt
– In case of partial withdrawal, in addition to the purchase receipt, the name of the item/s
At this point you can contact GIAMAIO's Customer Service, which will inform you of the procedure to adopt to open the withdrawal procedure, simultaneously giving you the authorization to return the components.
The procedure is summarized below:
Sending a communication containing the declaration of wanting to exercise the right of withdrawal, indicating all the requested data: Purchase receipt, the e-mail address with which the purchase was made, which items must be subject to withdrawal (identifying them with by name).
HOW IS THE "RETURN" SHIPMENT TO Wild Solution CARRIED OUT?
1. After activating the withdrawal procedure it is necessary to insert the original wrapping containing the goods in a special package, in order to safeguard the original wrapping of the articles from any damage, writing or alteration. GIAMAIO reserves the right to refuse the goods received in the event of non-compliance with the procedure indicated above.
2. The goods will be sent, at your own expense, within 10 days of the return authorization communicated by our after-sales office (art. 67 Legislative Decree 206/2005), to the following address: GIAMAIO, Via Eleonora Fonseca Pimentel, 6 – 50133, Florence, Italy.
Attention: it is advisable to use a courier or other suitable means for shipping to allow the shipment to be traced. It is understood that GIAMAIO will not reimburse the goods subject to the withdrawal, if it does not receive the relative delivery.
HOW LONG IS THE REFUND DONE?
Within 14 days of receipt of the goods, Wild Solution SRLS will proceed to credit the customer.
WARNINGS
GIAMAIO reserves the right not to accept shipments of components or items which:
– Do not contain original packaging, accessories and manuals;
– have been carried out without having activated the intervention request to the GIAMAIO Customer Service;
– Have been made without following the sending methods indicated by GIAMAIO Customer Service.
In such cases, the transport costs for both sending and returning will be charged to the customer.
7. PERSONAL DATA
For information on the methods and purposes with which your data is collected and used, please read the privacy policy published on this site carefully.
MODIFICATION OF THE GENERAL CONDITIONS OF SALE
GIAMAIO reserves the right to modify and/or supplement these General Conditions of Sale at any time. Any changes and/or additions will be effective from the date of publication of the same on the Site.
8. GENERAL CONDITIONS OF USE OF THE WILD SOLUTION.IT WEBSITE
Welcome to giamaio.com (the "Site") owned by GIAMAIO, with registered office in Via Lazio 10/A, Italy – VAT number 02020480477 (hereafter "GIAMAIO")
This notice contains the legal terms and conditions that govern the Site.
By accessing the Site, the User undertakes to accept and comply with all the conditions listed below.
The Site provides its Users with information on the products offered together with the possibility of purchasing all or some of them.
The Site and all its contents are the exclusive property of GIAMAIO; this includes documentation, images, fonts, designs, music, software, code and format scripts. The material contained on the website is protected by copyright.
Any reproduction, alteration, transmission, publication or redistribution to third parties, for commercial purposes, is strictly prohibited without the express written consent provided by GIAMAIO.
GIAMAIO forbids the use of the content or brands present on the site for any other purpose and purpose other than those mentioned above.
The User is only authorized to view the Site and its contents using the relative services available therein, excluding any possibility of reproduction except for temporary, transitory or accessory reproduction understood as an integral and essential part of the same viewing and use of the Site and its content and all other navigation operations on the Site that are performed only for a legitimate use of the same and, in any case, without economic significance.
Access to the Site to its contents and services is carried out by the User under his own exclusive and personal responsibility.
GIAMAIO does not guarantee in any way that the content of the website complies with the regulations in force in countries other than Italy.
Access to the Site from places where its contents are considered illegal is expressly prohibited.
Users who decide to access the website from these countries are fully aware of the legal consequences and penalties they risk incurring and will be solely responsible for compliance with local laws.
GIAMAIO does not offer any guarantee on the compliance of the information published on its Site with the laws established by the jurisdiction of the country of residence/viewing of the Customer.
GIAMAIO declines all responsibility for problems, damages or risks that the user may encounter while using the site.
GIAMAIO declines all responsibility for malfunctions related to the deactivation of cookies in the user's browser.
GIAMAIO adopts all reasonable precautions to avoid the publication on the Site of contents and images that may be considered harmful to decorum, human rights and the dignity of people.
If any of the contents are deemed harmful to religious or ethical sensitivity or decorum, the interested User is requested to write to the following email: info@giamaio.com bearing in mind, however, that any access to the Site takes place at the sole discretion and at an exclusive and personal responsibility of the User himself.
The Site may contain hyperlinks ("Links") to other websites that have no connection with the Site. GIAMAIO therefore does not guarantee the contents and/or data management of these websites.
The user must therefore carefully read the conditions of use of the third party sites visited and the relative privacy policies, as these Conditions of Use and the Privacy Policy refer only to the Site.
Access to the Site, navigation and use of the related services are intended for personal use only.
The services provided by the Site are intended exclusively for its Customers and the products for sale to final consumers, or to natural and/or legal persons who purchase products on the Site for purposes not related to the commercial, entrepreneurial or professional activity carried out.
GIAMAIO therefore reserves the right not to process orders that it deems not compliant with the above.
GIAMAIO reserves the right to make changes to the contents of the Site, including these conditions, at any time and without the need to give notice. The user who accesses the site is invited to periodically check the changes.
Users who access the Site declare that they accept that all matters relating to the use of the Site www.giamaio.com are governed by the current legislation of the Italian State and in particular by Legislative Decree n. 206/2005 (consumer code) as well as integrated and modified by Legislative Decree n.21/2014 and by Legislative Decree n.70/2003 (e-commerce code).