These General Terms and Conditions of Sale (“GTCS”) shall apply to the sale of all products (“Products”) marketed online on the website www.leatheredgepaint.com by the company owner of the website, Giardini by Giardini Angelo & CO. S.n.c. (“Giardini”). All sales of Products effectively concluded between Giardini and third-party users (“Customers”) on the website www.leatheredgepaint.com are governed by these General Terms and Conditions of Sale (GTCS), which form integral and substantial part of every offer, order, and confirmation of purchase of the Products.
1. The following provisions contain the General Terms and Conditions of Sale made available to Customers for Products sold on the website www.leatheredgepaint.com by Giardini and, therefore, are also an integral part of the General Conditions of Use (“GCU”) provided for users and owners of the website www.leatheredgepaint.com.
2. By browsing the website, the app, and social networks associated with www.leatheredgepaint.com, viewing and/or accessing the contents (with or without login), all users who make a purchase on the website as Customers, hereby declare to acknowledge and accept these GTCS, as a result of a stated and free expression of their will, so as to bind them to the contents of these GTCS, which are equivalent to a contract signed in writing, as well as informing them about their rights, obligations, and limitations. These GTCS (including possible updates or changes thereto) shall be made effective for users whenever accessing the website, the app, or social networks.
3. Giardini has the right to modify the GTCS at any time, on the sole condition of informing users, indicating wholly and transparently the content of such changes on the website www.leatheredgepaint.com.
4. Users are responsible to keep up to date on any possible change to the content of the GTCS. By accessing the website, the app, and social networks associated with www.leatheredgepaint.com and purchasing Products, users expressly agree to be subject to the new general terms and conditions of sale, upon publication of changes and updates on the GTCS.
1.1 Premises are an integral part of the GTCS.
1.2 GTCS apply to sales concluded under any title (“Sales”) on the website www.leatheredgepaint.com towards Customers, whether they are ordinary consumers (“B2C Sales”) or other companies, namely Business Customers (“B2B Sales”).
1.3 Sales made on the website www.leatheredgepaint.com are always and exclusively concluded on Italian territory, in line with the regulations contemplated by the Italian law. In this regard, Giardini recognizes the validity of the regulations concerning consumer rights in relation to B2C Sales, whereas it complies with general regulations established by the Civil Code, in terms of sales, for B2B Sales.
2.1. On its website www.leatheredgepaint.com, Giardini provides clear and detailed information about product features and their use (approved and not).
2.2. In general, Products are not supplied to Customers for trial purposes. Customers are always responsible for Products ordered and for the uses made upon purchase.
2.3. Unless otherwise indicated, the prices of the Products published on the website www.leatheredgepaint.com are exclusive of VAT. Product prices may be updated by Giardini, through the publication of new prices on the website.
2.4. Giardini reserves the right to modify Products prices published on the website, app, social networks, or other websites linked to www.leatheredgepaint.com until the confirmation of order on behalf of the Customer.
3.1. All purchase orders for Products concluded on the website www.leatheredgepaint.com shall be completed in all their parts and must contain all the necessary elements for the correct identification of Customers and Products ordered. Every order of Products forwarded to Giardini constitutes a contractual proposal accepted by Customers and will be binding for Giardini upon confirmation of accepting the order.
3.2. Giardini reserves the right not to accept incomplete orders. In the event of failure to execute the order (due to unavailability of the Products ordered by Customers or event of Force Majeure), Giardini will inform Customers as soon as possible.
4.1. All costs for the delivery of Products shall be borne by Customers. Deliveries are normally made by courier.
4.2. The terms of delivery provided by Giardini are indicative and not binding. These terms, accepted hitherto by Customers, may be subject to changes due to unavailability of stock, Force Majeure or other operational requirements attributable to Giardini.
4.3. Potential delays in delivery within 15 (fifteen) days shall not entitle Customers to cancel the delivery of the Products, nor to claim refunds or compensations of any kind. In case of Force Majeure, delays within 30 (thirty) days shall not entitle Customers to cancel the delivery of the Products, nor to claim refunds or compensations of any kind.
4.4. Special Terms and Conditions of delivery shall be agreed in advance between Customers and Giardini and expressly accepted in writing by the latter.
5.1. Giardini warrants the integrity and conformity of the Products at the time of shipment. Any lack of conformity of the Products shall be notified by Customers, under penalty of forfeiture, within 8 (eight) working days after the date of delivery in case of B2B Sales, and within 14 (fourteen) days in case of B2C Sales.
5.2. In case of defects in the Products, Customers shall be entitled (in the order indicated below) to:
- a replacement of the defective goods with an equivalent product, upon returning the defective product,
- a reduction of the price, if viable and accepted by both parties,
- a refund of the purchase price of the defective goods, upon returning the defective product to Giardini, whereby possible to replace the goods or acknowledge the reduction of the price as provided above.
5.3. In case of lack of conformity of the Products, should Customers request to replace the defective product with a different item, Giardini shall have the right to assess the feasibility of this option, reimbursing the amounts of the replaced Products with those of any new Products supplied.
5.4. The replacement of defective Products shall take place upon returning the same. Giardini shall bear the shipping costs necessary for the replacement of damaged Products.
6.1. Giardini shall not be liable for failure to deliver any Products or orders resulting, in whole or in part, from causes beyond its reasonable control, including, but not limited to: delays in delivery, transportation or inability to obtain raw materials or other products, strikes or other labor disturbances, fires, road accidents, floods, seaquakes, earthquakes, and other natural disasters, riots, wars, uncontrolled increases in the price of raw materials, restrictions on the use of energy and any other extraordinary and unforeseeable event beyond the control of Giardini, including hardship clauses, shall be considered as an event of Force Majeure.
6.2. In an event of Force Majeure condition, Giardini shall inform Customers (within 5 – five – working days from the occurrence of the event) by indicating the date on which the delivery of the order can be reasonably resumed.
6.3. Should Force Majeure conditions extend for more than 30 (thirty) days, this Contract may be terminated by Customers by written notice.
7.1. The right of withdrawal may be exercised differently depending on whether it applies to B2B Sales or B2C Sales.
7.2. In case of B2B Sales, Giardini recognizes the provisions provided by the Italian Civil Code for buyers who are not considered as consumers. In this regard, Business Customers have the right of withdrawal only in case they receive Products that do not conform to those purchased on the website www.leatheredgepaint.com or defective Products. In such cases, Business Customers shall have 8 (eight) days from the date of delivery of the defective Products (or within 8 – eight – days upon notice of the defects) to regularly exercise the right of withdrawal and return the defective goods to Giardini, or to exercise the right to warranty.
7.3. In case of B2C Sales, Giardini recognizes the provision established by the Consumer Code Legislative Decree no. 206/2005, according to which Customers/Clients are entitled to withdraw from the contract without any penalty within 14 (fourteen) days from the date of delivery (in this case purchased on the website www.leatheredgepaint.com) in case of defective or damaged Products. In line with Article 54 of the Consumer Code, the right of withdrawal may be exercised, at consumers discretion, with the following procedure:
i. By sending an explicit notice of the decision to withdraw from the contract at Giardini’s email address firstname.lastname@example.org, keeping in mind it will be Consumers/Clients responsibility to correctly and promptly exercise the right of withdrawal.
7.4. The Products to be returned must be delivered to the courier indicated by Giardini within (eight) days in case of B2B Sales or within 14 (fourteen) days in case of B2C Sales from the date on which Customers have communicated to Giardini the decision to withdraw from the contract.
7.5. According to Article 59 of the Consumer Code, the right of withdrawal is excluded in the event Customers have purchased out of print, personalized or custom-made Products, or Products that have been opened or used not in accordance with the indications and precautions of use provided and recommended on the label by Giardini.
7.6. All Products returned with regular withdrawal (that is, complete with written communication via email and original and perfectly intact packaging) must be returned to the following address: Giardini by Giardini Angelo & CO. Snc, Brenda Snc Street, 62012, Civitanova Marche (MC), Italy.
7.7. In case of regularly carried out withdrawals, Customers shall be entitled to receive a full refund of the purchase price. In addition, Giardini will also bear transport costs.
8.1. This Contract is subject to the Italian law, which is the law in force. The provisions contained in this Contract shall be interpreted according to their literal meaning, in compliance with the Italian law and the regulations of the Italian legal system in general.
8.2. For all disputes arising from the interpretation or execution of this Contract, the Parties agree to the exclusive jurisdiction of the Court of Macerata, Italy.
8.3. The Parties expressly agree to submit all disputes arising from this Contract to special conciliation or mediation procedures held at the ADR Center S.P.A. (http://www.adrcenter.it/en/), registered and certified by the Ministry of Justice of the Italian Republic, before appealing to the Judicial Authority of Macerata,. Any attempt at mediation or conciliation between the Parties must be concluded within 30 (thirty) days after its inception.
9.1. In compliance with and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, Customers expressly accept the following provisions: Premises; art. 1, 2, 3, 4, 5, 6, 7, 8.