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Terms and conditions

General terms and conditions of sale

All purchases of products made through the site www.germignagasport.com by the users who access it are governed by these general terms and conditions. Before engaging in any purchase transactions, the customer should carefully read these general terms and conditions. By concluding the purchase contract in accordance with the appropriate procedure, the customer accepts and agrees to comply with these terms and conditions and also with what indicated in the Order Form.

Object

These general terms and conditions of sale govern product purchases made remotely, via computer network, from the site www.germignagasport.com.

Subjects

Products are directly sold by Germignagasport S.a.s. di Galli Manuel & C. with its head office at P.zza XX Settembre, 37 Germignaga (Va) - ITALY, registered with the Register of Companies of Varese, Tax Code and VAT No. 02742020122, Varese R.E.A. No. 283197. 

Email customer service: info@germignagasport.com 

Telephone: +39 0332/510111

Products are sold to the Client identified by details provided in the Order form. By sending the Order form to Germignaga Sport the Client accepts and agrees to comply with these general terms and conditions of sale. 

It is forbidden to insert names which are false, altered and/or fictional, and/or imaginary during the ordering procedure and in the further communications. Germignagasport S.a.s. di Galli Manuel & C. may prosecute every violation and abuse for consumerism.

As soon as the Client accepts these general terms and conditions of sale, furthermore, Germignagasport S.a.s. di Galli Manuel & C. is exonerated by any responsibility descending from emission of fiscal documents that are improper by reason of wrong details provided by the Client during the ordering procedure, since the Client is the only responsible of their correct insertion.   

Responsibility
Germignagasport Sas di Galli Manuel &C. is not responsible of any damage or loss, direct and/or indirect, arising from the product sale through the website www.germignagasport.com, nor of late and/or missed delivery of the product, nor of the goods' correspondence to details shown in the website nor of any other fact not directly attributed to Germignagasport Sas di Galli Manuel &C.

Germignagasport Sas di Galli Manuel &C. is not responsible in any way of incorrect and illegal use of its website and of its services nor of any type of payment from third party.

Technical information 

Technical information inserted in the website www.germignagasport.com, descends by details provided by manufacturing companies. Germignaga Sport, therefor, may change/adjust technical and dimensional information based on manufacturing companies' indications at any time and without notice. The visual representation of the products' color may be different depending on the printing process used.

Product availability

Since every single access and the possibility to send online orders change the real time availability of the products shown on the site www.germignagasport.com, Germignagasport Sas di Galli Manuel &C. does not guarantee the certain assignment of the goods ordered.

Risk and Property

Goods are delivered to the courier at our shop and travel at the risk of the client. If the client wants the goods to be sent carriage forward, the risk is of his own starting from the moment the goods are delivered to the courier at Germignagasport Sas di Galli Manuel & C. Upon delivery of the products by the courier, the customer should carefully check that the number of items delivered corresponds with the number indicated in the transport document and he should verify the integrity of the package. Any damage to the packaging and products, or a discrepancy in the number of items, packages or other information, must be reported by the customer within seven days from the delivery by means of registered mail sent to Germignagasport Sas di Galli Manuel &C. Even in case of intact packaging the client has to verify the goods within seven days from the delivery.   Possible hide anomalies or absence of qualities, must be reported by the customer by means of registered mail or fax sent to Germignagasport Sas di Galli Manuel &C  within eight days from the discovery risk forfeiture. Every advisory received after that terms, won't be considered. For every declaration, the customer takes on his own responsibilities for everything declared. 

Orders
Orders are accepted only and exclusively in writing through email or through our internet website    (on-line). The customer who makes an order via Internet will receive, at the end of the purchase procedure, a confirm communication through electronic mail (e-mail), with the indication of the order number. In the event that, after sending the order, the customer won't see any order number (after a few minutes), the offer will be considered as not accepted, in accordance with the law, even if for accounting or administrative reasons or for lack of products. For all the products delivered,  germignagasport.com issues an invoice with the details provided by the customer. The invoice is into the boxes that compose the delivery, or into the adhesive envelope applied directly on the boxes. 

Prices
Unless there are different written indications, the prices of all the products and the delivery costs indicated on the site and in the order include VAT and are expressed in Euro. Prices can be changed in every moment, without any notice. Therefor, the customer should verify the final price before sending the order. All the products are shipped directly from Italy.  Unless there are different written indications, the prices of all the products and the delivery costs indicated on the site and in the order are not inclusive of possible customs duty and taxes when the delivery is in extra-UE Countries or in Countries where the applicable legislation considers importation taxes.

Extra UE deliveries

Shipments of goods direct to customers residing outside the European Community (non-EU) are exclusive of VAT and customs duties. Local VAT and any customs duties will be borne by the recipient and will be required by the consignor at delivery of the goods.

Payments

Advance bank transfer: Once the customer has purchase the goods, he will receive through e-mail the bank details where he can execute the payment. In order to speed up the delivery we suggest to send a copy of the payment to the address info@germignagasport.com. The order will be processed and delivered in any case once the payment will be credited on our account. Every bank transfer's cost is  at the expense of the customer. If the bank transfer won't be done within 10 days from the order, it will be automatically canceled. 

Paypal: PayPal allows the payment of purchases made through Internet, with few clicks of your mouse and in a completely safe and free way. After choosing this way of payment the customer will be sent to the dedicated page, where he should insert his PayPal account details (if he doesn't have one, it is possible to register for free or to pay directly). All the details will be received and processed by PayPal who has the right to accept or deny the payment. At the end of the procedure, the customer will receive through email the notice of the payment occurred and the confirmation of the order done. 

Cash on delivery: Through the “cash on delivery” service the payment is to be made by cash directly to the courier on the delivery of the goods. The service is available just for deliveries destined for Italy and entails an additional charge of EUR 5,00. Transaction costs: EUR 5,00 (just for Italy) – Accreditation time: at the delivery

Credit card: The purchases paid by credit card are ones of the fastest and safest. Through the most advanced cryptographic channel of 256bit SSL3 with certified server BankPass, the reference Bank   will authorize only the charge of the amount connected to the purchase done. Personal details will be protected. Germignagasport Sas di Galli Manuel & C. won't receive any information about the user or the credit card used, but only a confirmation of payment. At the end of the procedure, the customer will receive through email the notice of the payment occurred and the confirmation of the order done.

Shipment and delivery of goods

Every shipment contains:

  • the product/s ordered
  • the delivery note/invoice
  • possible documentation requested by the delivery Country
  • possible informative and publicity materials 

The products purchased will be delivered by the courier SDA to the address indicated by the customer in the order. Please read the section Deliveries for further information about delivery costs, timing and ways and Countries served. 

Execution of the order

When the contract will be concluded, Germignagasport Sas di Galli Manuel & C. will send to the customer an email with the order confirmation and a recap of all the information about the order.   

Before sending the order confirmation, Germignagasport Sas di Galli Manuel & C. can ask, by email or through the telephone number indicated by the customer, further information about the order sent through Internet.  

Germignagasport Sas di Galli Manuel & C. can decide to not execute orders uncompleted or wrong or in case the products are not available. In those cases it will inform the customer through email that the contract is not concluded and that Germignagasport Sas di Galli Manuel & C. has not executed the order specifying the reasons. In that case money already pawned will be released. 

When the products shown on the website are no more available, considered the continuous products availability's change in real time, the Seller will promptly inform, in any case in one working day starting from the day after the order transmission, the possible unavailability of the product/s ordered. In that case money already pawned will be released. 

Every sale done by Germignagasport Sas di Galli Manuel & C. through the e-commerce system could interest one or more products without quality or quantity limit for every product.

Germignagasport Sas di Galli Manuel & C. has the right to refuse orders from a client with whom there is a legal controversy, who is out of bank credit or past-due. The same right arises when Germignagasport Sas di Galli Manuel & C. considers a client not suitable, included, for example, previous violations of contract's conditions for online purchase on the website or for other legitimate reasons, especially when the client was implicated in fraudulent activities of any kind.

Right of withdrawal

Art. 64 of D.Lgs n. 206 of 6/09/2005 (Consumer Codex) says that in case of distance sales or sales negotiated out of shops, the consumer has the right to terminate the contract or to give the product purchased back and to have the expenses reimbursed without obligation to explain the reasons. That right is reserved exclusively to natural person (consumers), so that it cannot be exercised by legal entities and by natural person who acts for purposes referred to his possible professional activity. In order to exercise the right of withdrawal it is essential to send, within 14 working days from the delivery, a communication where it is shown the will to terminate the contract. 

The only expenses requested are for send the product back.

The right of withdrawal ends when the product sent back is not intact, that is: absence of the original box, absence of essential parts of the product (accessories, screws, instructions' manuals, ect...), product damage for reasons different than transport. 

Procedure for using the right of withdrawal

In case the Client purchased a product through the website www.germignagasport.com and wants to terminate the contract, he should use the following procedure: 

- send to Germignagasport Sas di Galli Manuel & C., within 14 working days from the delivery, a registered letter, containing a communication where it is shown the will to terminate the contract, using the Form available HERE.  

The communication can be done by telegram, by email (to the address info@germignagasport.com), by phone or by fax (to the number + 39 0332 510111). It will be sent to the Client, within the next working day from the communication of the Client and using the email address registered during the registration procedure, the Authorization Number (NAR) that will identify his file.

- organize, using the courier he prefers, the delivery of the product properly packed in the original package and inclusive of every accessory, instructions' manual and everything originally included.

- insure the delivery against theft and transport damages and pay the expenses. When the product sent back is not insured for the value indicated in the invoice, in case of damages or losses occurred during the transport, Germignagasport Sas di Galli Manuel & C. could charge possible damages occurred by holding the correspondent sum from the ones to be reimbursed.

- indicate on the box the Authorization Number (NAR) given by Germignagasport Sas di Galli Manuel & C. and ship the roduct to the address here below indicated within 14 working days after the day of the communication containing the will to terminate the contract

Germignagasport Sas di Galli Manuel & C.

P.zza XX Settembre, 37 - 21010 – Germignaga (VA) – ITALY

Germignagasport Sas di Galli Manuel & C. will reimburse, through bank transfer or PayPal, the price of the product sent and of the delivery costs within 14 days from the days it was informed of the exercize of the right of withdrawal and in any case not before having received the goods. Germignagasport Sas di Galli Manuel & C. is not obliged to reimburse possible additional delivery costs when the consumer has expressively chosen a type of delivery different from the less expensive delivery offered.  

Therefor we suggest the Client to indicate his bank details directly on the withdrawal form at the moment he send the form.

The direct costs of the delivery will be at the expense of the Client.

The Client will be considered responsible ex art. 57 D.Lgs. n. 206 of 6/9/2005 (Consumer Codex) of the value reduction of the goods resulting from a manipulation of them different from the one requested in order to verify the nature, the qualities and the operation of the goods.  

Exceptions to the right of withdrawal 

Ex art. 59 D.Lgs. n. 206 of 6/9/2005 (Consumer Codex), the right of withdrawal is excluded as regards: a) supply of goods packed to order or clearly personalized; b) supply of goods that risk to deteriorate or rapidly expire; c) supply of goods that cannot be returned for hygienic reasons or for reasons related to health protection and have been opened after the delivery.

Guarantees (lack of compliance)

Ex art. 129 of D.Lgs. n° 206 of 06-09-2005 (Consumer Codex), Germignagasport Sas di Galli Manuel & C. is responsible toward the consumer for every lack of compliance existing at the moment of the delivery of the good or when the lack of compliance arises within two years from the delivery of the good. The consumer loses his rights when he doesn't report the lack of compliance within two months from the day he has discovered the lack. The action for report the lack of compliance stops, in any case, within 26 months from the delivery of the good. 

Compliance 

It is presumed that the consumer goods are in compliance with the contract when: 

a) they are suitable for the use that goods of the same kind usually serve; 

b) they are compliance with the description provided by the seller and they have the qualities of the good shown by the seller to the consumer as sample or model; 

c) they have the qualities and the usual performances of a good of the same kind that the consumer can reasonably expect, considering the nature of the good and, in case, the public declarations about the specific details of the goods provided by the seller, the producer or his agent or salesman, in particular in the advertisements or on the label.

There is no lack of compliance if, at the moment of the conclusion of the contract, the consumer knew the lack, couldn't ignore it with ordinary diligence or if the lack of compliance derives from instructions or materials provided by the consumer.  

The seller is not bound by public declarations ex letter c), when, also alternatively, he demonstrate that:

a) he didn't know that declaration and couldn't know it with ordinary diligence; 

b) the declaration was properly corrected within the moment of the conclusion of the contract so that it was cognizable by the consumer; 

c) the decision to buy the consumer good wasn't conditioned by the declaration. 

Consumer's rights

In case of lack of compliance the consumer has the right of reinstatement, without expenses, of the good's compliance through reparation or substitution or the right of a properly reduction of the price or the right of contract termination. 

The consumer can ask, of his choice, to the seller to repair the good or to substitute it, without expenses in both cases, unless the remedy requested is objectively impossible or excessively expensive than the other.  

One of the two remedies is to be considered excessively expensive if it imposes the seller unreasonable expenses compared to the other, considering: a) the value of the good without lack of compliance; b) the entity of the lack of compliance; c) the possibility that the alternative remedy can be used without important disadvantages for the consumer.  

The expenses above indicated refer to costs necessary in order to make the goods compliant, particularly referring to the expenses held for delivery, labor and materials. 

The consumer can ask, of his choice, an appropriate reduction of the price or the contract termination in one of the following situations:  a) the reparation or substitution are impossible or  excessively expensive; b) the seller didn't repair or substitute the good in a proper timing; c)  the previous reparation or substitution produced important problems to the consumer. 

In order to calculate the amount of the reduction or the sum to give back it must be considered the use of the good.

After the report of the lack of compliance the seller can offer to the consumer every other remedy available with the following effects: a) when the consumer has already requested a specific remedy, the seller is obliged to provide it, with necessary consequences relative to the proper time limit's pass,unless the consumer accept the remedy offered; b) when the consumer has not already requested a specific remedy, he must accept the proposal or refuse it by choosing another remedy ex present article.

If there is a small lack of compliance and it is not possible or it is excessively expensive to use  reparation or substitution as remedies, the consumer has not the right to terminate the contract.

Procedure for exercise the right of reinstatement

In case the product bought on our website www.germignagasport.com has a lack of compliance, in order to obtain the reinstatement of the consumer good and make it in compliance with the sale contract, the Client must use the following easy procedure: 

- Within 24 months from the delivery of the goods, send a communication to Germignagasport Sas di Galli Manuel & C. by e-mail using the address info@germignagasport.com or by phone calling the number  + 39 0332 510111 indicating the defect of the product. 

- Wait the Authorization Number (NAR) identifying the practice that will be sent to the Client by email to the email address specified at the moment of the order, within the following working day.

- Prepare and send to Germignagasport Sas di Galli Manuel & C. the product properly packed, giving it to the courier indicated in the email sent to the Client. The reinstatement will be faster if the Client will use the original packaging, insert every accessory, instructions manual and everything originally inserted. Delivery costs will be at the complete expense of Germignagasport Sas di Galli Manuel & C. 

- Indicate on the packaging the Authorization Number (NAR) provided by Germignagasport Sas di Galli Manuel & C.

Received and checked the product sent back, Germignagasport Sas di Galli Manuel & C. will reinstate the lack of compliance according to the agreements concluded and organize the new delivery without any cost for the Client.  

Governing law and jurisdiction

The contract entered into with the customer who decides to send the order form is concluded at Germignaga in P.zza XX settembre 37, where there is the legal head office of the seller Germignagasport S.a.s. di Galli Manuel & C.

In case of clients with VAT number who buy with an invoice, the regulation is contained into the Italian Civil Code. 

For everything not mentioned into the pages of the website www.germignagasport.com with regard to juridical regulation, the reference are Italian laws and rules in force. 

However, Germignagasport Sas di Galli Manuel & C. is at your complete disposal for every information and/or clarification.  

Details and features mentioned in the products' cards derive from the ones published by the manufacturers. Germignagasport Sas di Galli Manuel & C. is not responsible for possible mistakes and changes. Features and pictures could change without any notice. Brands and names mentioned in the website www.germignagasport.com belong to the legitimate owners.  

Every complete and/or partial reproduction of the material contained into the website is not allowed. Transgressors will be denounced to the competent authorities. 

Please take a look at the details about Shipments and Deliveries and at our Privacy information.

Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN).

The Owner is available for any questions via the email info@germignagasport.com.


Withdrawal Form

(ex art. 49, clause 1, lett. h)

Germignagasport S.a.s. Di Galli Manuel & C.

P.zza XX Settembre 37

21010 Germignaga VA

tel/fax 0332 510111 

email: …...................... 

With the present, the undersigned Mr./Mrs. .........................................................................................

notify the termination of the sale contract regarding the following good/s …...................................... …............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 

received the (date) …..................................................................... .

Name …...............................................................................

Address …...........................................................................

  …...........................................................................

  …...........................................................................

Bank details for the reimbursement of the amount paid:

Bank: ….........................................................................
CAB: ….............
ABI:  ….............
CIN: ...
C/C: …......................................
IBAN: ….........................................................................................................................
SWIFT: ….......................................

Signature  …...........................................................................

Place and date  …................................................................