Terms of service
The general conditions of sale comply with the provisions on the sale of consumer goods. The offer and sale on the website "www.giobastian.it" constitute a distance contract governed by art. 50 et seq. of Legislative Decree September 6, 2005, No. 206 (" Consumer Code") and Legislative Decree April 9, 2003 No. 70, containing the regulation of electronic commerce.
Subject matter and scope of the contract
These General Conditions apply to the services and sales Services performed by Giobastian on the site.
The purchase of products offered by Giobastian on the site is permitted only to persons of legal age who have the quality of consumers under the Consumer Code, that is, natural persons who, in relation to the purchase of Products, are acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity possibly carried out.
The General Conditions may be modified at any time. Any changes e\or new conditions will be in force from the moment of their publication in the "General Conditions of Sale" section of the site. To this end, we encourage users to regularly access the site and check for the publication of the most up-to-date General Conditions.
The General Conditions applicable to the individual sale are those in effect on the date the purchase order is submitted.
Pre-contractual Information - Buyer's Obligations.
In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, Giobastian informs the user that:
Once the online purchase order has been processed on the site, Giobastian will send an email with information about the characteristics of the product purchased, detailed indication of the price, the means of payment used, the procedures for exercising the right of withdrawal, shipping costs and any additional costs as well as an indication of the support service. It is recommended to keep the e-mail received as proof of purchase or store it on a durable medium; The order will be stored in Giobastian's database for the time necessary to process the order and, in any case, within the terms of the law.
The buyer with the telematic transmission of the confirmation of his order, unconditionally accepts and undertakes to observe, these General Conditions.
Registration on the Site and creation of an account
The user may carry out, for the transmission of a purchase order registration in the manner indicated by the Site. In particular, the user may: - Create a new account; - Use their existing account for the site www.giobastian.it.
Registration on the Site is free of charge. To register, the user must complete the registration form, entering his or her first name, last name, an e-mail address and a password (hereinafter the "Registration Credentials"). Registration is confirmed by email sent to the address provided by the user. The user is responsible for ensuring that the data is complete and true and that the information provided is always up-to-date
The Registration Credentials are to be used exclusively by the user and cannot be given to third parties. The Registration Credentials may be changed by the user at any time by accessing the "My Profile" section on the site.
In the password-protected "My Account" section on Giobastian, you can view and, if necessary, edit your open, recently submitted and/or completed orders as well as manage and save your data, and any newsletter subscriptions. Giobastian also reserves the right not to accept orders, from anyone coming, that are abnormal in relation to thequantity of the products purchased or the frequency of purchases made on the Site.
The user may at any time unsubscribe by sending an email to firstname.lastname@example.org
The user may have only one account for Giobastian. Multiple accounts will be deleted.
Terms and Conditions of Purchase.
All prices shown on the Site are in Euros (€) and include VAT.
Transportation is included in Italy with the exception of the island of Sardinia of the smaller islands and the lagoon of Venice.
For deliveries within the European Union, the price established at the time of purchase is fixed and final inclusive of VAT applicable on the day of the order.
It does not include delivery charges invoiced separately, which will be indicated in the order confirmation.
No other customs tax or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may affect the selling price of the products in the catalog.
For a delivery outside the European Union, the customer will have to settle customs taxes, VAT or other taxes related to the import of the products in the country where the delivery will be made.
The relevant formalities are the sole responsibility of the customer, unless otherwise specified. The customer is solely responsible for checking the import possibilities of the ordered products with regard to the law of the territory of the country of delivery. The user will be charged in full for the price of the product indicated on the Site at the time the order was placed by him.
The products will remain the property of Giobastian until the payment of the purchase price and charges by the user.
Giobastian will process the purchase order only after receiving confirmation of authorization for payment of the total amount due, consisting of the purchase price, shipping charges and any additional charges, as stated in the order form.
Giobastian reserves the right not to confirm orders from users with whom disputes or non-payments are pending.
Giobastian reminds the user that the product he/she purchases is intended exclusively for the country in which he/she places the order; therefore, in the event that the user decides to place the product in a different country, the user will be solely responsible for placing the order. Giobastian hereby disclaims any responsibility in this regard.
For payment of the price of the products and related shipping and delivery costs, the user may choose one of the methods indicated in the order form. In no case will be charged higher costs than those actually incurred, in relation to the chosen means of payment. Payment of purchased products offers the possibility to pay the price by the following means:
- Credit/prepaid cards of the circuits VISA, MASTERCARD , whose payments will be processed through a secure server-to-server connection using SSL Protocol (Secure Sockets Layer) with 128-bit encryption.
- Paypal allows you to pay through your credit/prepaid card or through your Paypal account (rechargeable via wire transfer or credit/prepaid card). Paypal incurs no additional cost to the customer.
-Bon transfer: It is also possible to pay by bank transfer on Giobastian. Once the order is completed, we will send you an email with the details of the bank account to which to make the payment. Use your order ID as the reason for payment. Your order will not be shipped until the funds appear to have been transferred to our bank account.
When your order is transmitted, no charge will be made to the credit card you used for payment. The charge will be made only after (i) the details of the credit card used by you for payment have been verified and (ii) the issuer of the credit card used by you has issued authorization for the charge.
Giobastian reserves the right not to accept certain payment methods at its sole discretion.
The customer for deliveries within the European Union and outside the European Union agrees to pay, if necessary, and this directly to the carrier, customs duties, VAT or other taxes related to the import of the products in the countries where delivery will take place.
Deliveries are made throughout Italy and abroad, to the postal address indicated by you in the order form. You are responsible for receiving delivery to the address provided during normal business hours.
The delivery time is 5 days from the day after the order is sent.
If the time is longer than that stated, the user will be notified by an email to the address left in the order form.
Upon delivery of the products to the carrier, an e-mail confirming the shipment will be sent to the user. Deliveries will be made through transportation agencies from Monday to Friday, during normal business hours, excluding national holidays.
The goods purchased by the consumer will be entrusted to transportation agencies for delivery;
The transporter will contact the consumer by telephone call to arrange the date and time of delivery of the goods ordered which will be by the roadside, there is no plan delivery.
In the event that the consumer's address is not accessible to heavy vehicles or there are problems related to road conditions, the goods purchased by the buyer and entrusted by Giobastian to the transporter, will in turn be entrusted to the area depot closest to the buyer's location.
The depot will contact the buyer by telephone in turn to arrange delivery of the goods, which will always be by the roadside. For any deliveries to the floors by the area depot or carrier, this must be arranged directly with them.
Giobastian is not responsible for any deliveries to the floors.
Properly packed goods travel on behalf of and at the risk of the purchaser from the time of delivery to the carrier.
Upon delivery, the customer must verify the integrity of the packages.
In case of delays, breakdowns, total or partial loss, it is the customer's right to appeal to the carrier without Giobastian's liability ever being incurred.
If the Customer receives parcels that are visibly damaged by the courier and/or carrier, (broken or visibly damaged packages) we will proceed as follows:
- If multiple packages, reject only the damaged package to the sender. We will then contact the Customer and arrange for a replacement.
- On the other hand, if it is a shipment of only one package, reject the shipment to the sender and as before it will then be our care to contact the Customer and agree on the replacement of the ordered goods.
Giobastian can not be held responsible in any way for any delays due to the acts of third parties e\or force majeure.
The user is required to indicate when filling in the billing details, the additional information option if the shipment is to be made in ZTL areas, in areas not accessible to means of transport or with traffic problems (notes on the order).
Delivery is considered completed when the product is made available to the user at the address specified in the order form.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute evidence in the matter of transportation and release of the good
The Customer, by purchasing, accepts these conditions.
Giobastian invites the user to report as soon as possible any mishap or damage related to the product or delivery.
Right of Withdrawal
The user has the right to withdraw from the contract within 5 days of online purchase, after 5 days the ordered goods will be put into production.
The right of withdrawal is excluded, Pursuant to Article 59 of the Consumer Code, as the purchased product is custom-made, personalized or that by their nature can not be returned or are liable to deteriorate or alter rapidly, or sealed goods that are not suitable to be returned for hygienic reasons or related to the protection of health and have been opened after delivery.
By giving notice of withdrawal by registered letter with return receipt sent to Artigiana Arredo di Bastianelli Giorgio & C. sas, at the following address,
Artigiana Arredo di Bastianelli Giorgio & C. sas Via delle Campagne, 12/D (Zona Art. Pirano) 61010 Tavullia (PU)
If you have a certified e-mail account (PEC), it will be sufficient to write to email@example.com (mailto:firstname.lastname@example.org), the communication must include as an attachment a copy of the withdrawal form, duly completed, which can be requested by sending an e-mail to email@example.com.
As required by current regulations, emails sent from a PEC account, have the value of registered mail.
Guarantees and non-conformity of products
The products offered on the site comply with national and EU legislation in force in Italy
The images and colors of the products published on the site may differ from the real ones due to the local settings of the systems and/or tools used to display them. Giobastian is not responsible for the mismatch between the product ordered and the product description on the site.
All products sold on the site are covered by the Legal Warranty of Conformity provided for in articles 128-135 of the Consumer Code ("Legal Warranty"). The Legal Warranty is reserved for consumers.
In case of lack of conformity of the purchased products with respect to the description published on the Site, the user has the right to the replacement of the product, at no additional charge, provided that there has been no prior communication between the user and Giobastian. Alternatively, the user is entitled to termination of the contract or a refund of the amount paid for the purchase of the good.
Giobastian is liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within 24 months of such delivery. The lack of conformity must be reported to Giobastian, by the customer under penalty of forfeiture of the warranty, within 10 (ten) days from the date of delivery, by sending an email to firstname.lastname@example.org (mailto:email@example.com)
Unless proven otherwise, it is presumed that the conformity defects arising within six months from the delivery of the product already existed on that date, unless such assumption is incompatible with the nature of the product or the nature of the conformity defect. To be eligible for the Legal Warranty, the user must then provide proof of the date of purchase and delivery of the goods.
The form for shipping goods under warranty can be requested from Giobastian by sending an email to firstname.lastname@example.org. Shipping costs required for replacement or repair of the Goods are the responsibility of the customer.
Obligations and responsibilities of Giobastian
Giobastian undertakes to correct all errors in the description of the products offered on the site, as soon as possible, from the reporting of the same. The reporting of such errors can be done by e-mail to email@example.com (mailto:firstname.lastname@example.org)
Giobastian shall not be liable in case of damages, of any nature whatsoever, resulting from the installation and/or use of the product improperly and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.
Giobastian shall not be liable in case of loss of revenue, profit, data or for any other indirect damage of any nature whatsoever arising out of or in any way connected with the contracts subject to the General Conditions.
Giobastian's liability, in any case, shall not exceed the total value of the purchase order.
In no event shall Giobastian be held liable for non-performance of any of its obligations under the contracts subject to the General Conditions in the event that the non-performance is caused by unforeseeable circumstances and/or force majeure, including, but not limited to, natural disasters, acts of terrorism, network malfunctions and/or blackouts.
Giobastian shall be liable only for willful misconduct and gross negligence, except for fraudulently concealed damages, damages from injury to life, injury or health, or damages arising from breach of material contractual obligations.
The satisfaction of our customers is very important to us.
Complaints about non-conformity of the Product(s) delivered with the order should be received by registered mail with return receipt to the following address:
Artigiana Arredo di Bastianelli Giorgio & C. sas Via delle Campagne, 12/D (Zona Art. Pirano) 61010 Tavullia (PU)
When registering on Giobastian you will be asked to provide personal data.
All personal data including those subsequently disclosed at the time of purchase by the customer will be processed by Giobastian in accordance with the relevant legal provisions, in particular those on the protection of personal data, except for data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place.
By purchasing, the customer accepts these conditions and holds Artigiana Arredo di Bastianelli Giorgio & C. sas harmless from any recourse or claim of detail instruction.
Final provisions, applicable law and place of jurisdiction
The General Conditions are governed by Italian law, as the contract of sale between the Client and Giobastian is concluded in Italy.
For anything not governed by these General Conditions, please refer to the rules laid down in Legislative Decree no.206/2005
For any dispute concerning the General Conditions will be competent the Court of Pesaro (PU) Italy.
Pursuant to Article 14 of Regulation 524/2013 the user is informed that in the event of a dispute he/she may file a complaint by means of the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/ (http://ec.europa.eu/consumers/odr/)
The ODR platform constitutes an access point for users who wish to resolve disputes arising from contracts of sale or online services out of court.
Giobastian reserves the right to modify these terms and conditions for future activities.