General sale terms www.gbconline.it SITE
The Purchaser is required, before submitting his purchase order, to read these general sale terms carefully. The forwarding of the purchase order implies full knowledge and express acceptance both of the aforementioned general sales terms and of what is indicated in the Order form. The Customer is required, once the online purchase procedure is completed, to print and keep these general sales terms and the related order form, already viewed and accepted. These general sales terms are an integral and essential part of the purchase contract for the items and products purchased through the e-commerce website gbconline.it.
Identification of e-commerce site provider and third-party Sellers
1)
DEFINITIONS
2)
OBJECT OF THE CONTRACT
3)
PROCEDURE FOR THE STIPULATION OF THE CONTRACT
4)
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
5)
PAYMENT TERMS AND REFUND
6)
DELIVERY TIMES AND METHODS
7)
PRICES
8)
AVAILABILITY OF PRODUCTS
9)
LIMITATIONS OF RESPONSIBILITY
10)
DEFECT RESPONSIBILITY, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: SELLER'S OBLIGATIONS
11)
WARRANTIES AND ASSISTANCE METHODS
12)
PURCHASER'S OBLIGATIONS
13)
RIGHT OF WITHDRAWAL
14)
CAUSES OF RESOLUTION
15)
PROTECTION OF CONFIDENTIALITY AND TREATMENT OF PURCHASER'S DATA
16)
COMMUNICATIONS AND COMPLAINTS
17)
COPYRIGHT AND BRANDS
18)
MODIFICATION
19)
APPLICABLE LAW AND JURISDICTION
Identification of e-commerce site provider and third-party sellers
The provider of the e-commerce site gbconline.it is Kon.El.Co. S.p.A. located at Cinisello Balsamo (MI),
Via Galileo Galilei n. 40, registered c/o Milan Chamber of Commerce under no. MI 344399 of the Companies Register, tax code no. 11190160157 VAT nr. 11190160157, e-mail address: konelco@konelco.it, hereinafter referred to as «Supplier».
Kon.El.Co. S.p.A. is the owner of the gbconline.it website (hereinafter "the site").
The assets covered by these general conditions are offered for sale by third parties, hereinafter referred to
as "Sellers", other than Kon.El.Co. S.p.A., that sell products on the gbconline.it site.
Kon.El.Co. S.p.A. is not responsible for the control or evaluation of these commercial operators or their
products, nor it offers guarantees on their sales proposals. Kon.El.Co. S.p.A. cannot in any way be
held responsible for the actions, products and contents of the Sellers. It is the Purchaser's duty
to consult the information on the Privacy and
the other conditions of the Sellers with whom they intend to make purchase transactions.
Products purchased through the site will be delivered directly by the Sellers, including through third party carriers.
Through the site, the third-party sellers put their products up for sale. In the detail pages of the product that is intended to buy and in the related order form the name and all the details of the third party Vendor who will sell the product are indicated. As a supplier of the e-commerce site, Kon.El.Co. S.p.A. facilitates transactions on the site, but it is not part of the contract for the sale of goods sold by these third-party vendors. Kon.El.Co. S.p.A. therefore remains outside of this contract, which exists exclusively between the Purchaser and the Seller. Kon.El.Co. S.p.A. assumes no responsibility for the sales contract and its proper execution, and does not in any way act as the Seller's agent. The third Seller is solely responsible for the sale of products and for the management of product disputes with the Purchaser.
1) DEFINITIONS
1.1 The term «Online sales contract, or Contract», means any purchase agreement relating to the Seller's
movable tangible assets, stipulated between the latter and the Purchaser in the context of a distance selling system
through electronic means , organized by the Supplier.
1.2 The term "Purchaser or Customer" means the person who makes the purchase,
as per these general conditions of sale, and more specifically may be:
a. Consumer: intended as a natural person living within the Italian national territory,
who makes the purchase for purposes not related to any commercial or professional
carried out activity - for the Consumer, all the protections provided for by Legislative Decree 6th of September 2005,
n. 206 (Consumer Code) apply and the other protections provided by the applicable regulations;
b. Professional: intended as a natural or legal person who makes the purchase for his own professional or commercial activity.
1.3 The term «Supplier» means the person indicated in the epigraph or the lender of information services.
1.4 The term «Seller» or «Sellers» means the person who sells his products on the site, solely responsible for the sales
contract with the Purchaser and its correct execution.
1.5 The expression «Order» means the Purchaser's proposal for the purchase of goods and products sold on the gbconline.it site.
2) OBJECT OF THE CONTRACT
2.1 With the contract concluded between the Seller and the Purchaser respectively,
the Seller sells and the Purchaser acquires remotely through electronic means the material movable property
indicated and offered for sale on the gbconline.it site.
2.2 The products referred to in the previous step are described on the website: gbconline.it.
3) PROCEDURE FOR THE STIPULATION OF THE CONTRACT
The Contract between the Seller and the Purchaser is concluded exclusively through the internet through the Purchaser's access to the address gbconline.it where, following the indicated procedures, the Purchaser will come to formalize the acceptance for the purchase of goods referred to in step 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
In order to make an online purchase on the gbconline.it site, the Purchaser must first register on the same site by filling out the form provided
at the following link: Registration Page;
after the registration, a partner seller of Kon.El.Co. S.p.A. will be assigned.
4.1 The purchase contract is concluded through the exact compilation and sending of the order, always after displaying a printable order summary web page,
in which the ordering and order details are reported, the price of the purchased goods, shipping costs and any additional charges,
the payment methods and terms, the address where the goods will be delivered and delivery timing.
4.2 When the Seller receives the order from the Purchaser, he will send a confirmation e-mail or he will display a confirmation web page and a printable
order summary in which the data referred to in the previous step are also reported.
4.3 The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point or in the absence
of exact payment by the Purchaser.
4.4 The Sellers reserve the right to refuse an order in the case of unavailability of a product and in case that they do not receive the authorization to
charge the cost of the product to the Purchaser.
5) PAYMENT TERMS AND REFUND
5.1 Any payment by the Purchaser may be made either by credit card or by bank transfer to the IBAN indicated at the time of order confirmation and communicated to the
Purchaser by email. The receipt and processing of credit card payments on behalf of the Sellers shall be entirely managed by Banca Sella through its own platforms.
5.2 Any possible refund to the Purchaser will be credited by one of the methods proposed by the Seller and chosen by the Purchaser in a timely manner and, in case of application
of the right of withdrawal, as governed by clause 13, step 2 and following of this contract, within 30 days from the date on which the Seller became aware of such withdrawal.
5.3 All communications about payments are made on a specific platform of Banca Sella, external to those of the Supplier.
6) DELIVERY TIMES AND METHODS
6.1 The Seller will deliver the selected and ordered products with the method, costs and timing indicated on the website when goods are ordered, as confirmed in the e-mail referred to in step 4.2.
7) PRICES
7.1 All sale prices of the products displayed and indicated on the gbconline.it website are indicated in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2 The sale prices referred to in the previous step include VAT and any other tax in case the Purchaser is a Consumer; on the contrary, in case the Purchaser is a Professional,
the sale prices are indicated without VAT.
The shipping costs and any additional charges if present, even if not included in the purchase price, will be indicated and calculated in the purchase procedure before the order
is forwarded by the Purchaser and also contained in the summary web page of the placed order or in the confirmation e-mail referred to in step 4.2.
7.3 The prices indicated for each product offered to the public are valid at the moment when the order is confirmed.
8) AVAILABILITY OF PRODUCTS
8.1 The Supplier ensures through the electronic system he is using the processing of the orders without any delay. For this purpose he indicates in real time in
his electronic catalog if the number of desired products is available.
8.2 If an order exceeds the existing quantity in the warehouse, the system will not allow to proceed with the conclusion of such order.
8.3 The Supplier's computer system confirms the registration of the order as soon as possible by sending the user, on behalf of the Seller,
a confirmation by e-mail, pursuant to step 4.2.
9) LIMITATIONS OF RESPONSIBILITY
9.1 The Supplier and the Sellers do not assume any responsibility for disruptions due to force majeure in case it fails to process the order within the time indicated in the contract.
9.2 The Supplier and the Sellers cannot be considered responsible to the Purchaser, except in the case of willful misconduct or bad negligence for disservices or malfunctions connected
to the use of the internet outside of their own control or that of their sub-suppliers.
9.3 The Supplier and the Sellers will also not be responsible for any damages, losses and costs incurred by the Purchaser as a result of failure to execute the contract for
reasons not attributable to them, as the Purchaser is only entitled to a full refund of the price paid and any ancillary charges he incurred.
9.4 The Supplier and the Sellers do not assume any responsibility for any fraudulent or illegal use that may be made by third parties, credit cards,
checks and other means of payment, upon payment of the purchased products, if they prove to have adopted all possible precautions based on the best science and experience
of the moment and based on ordinary diligence.
9.5 In no case the Purchaser will be held liable for delays or inconveniences in the payment if he proves that he made the payment in the time and way indicated by the Seller.
10) DEFECT RESPONSIBILITY, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: SELLER'S OBLIGATIONS
10.1 According to the articles 114 & flw. of the Consumer Code, where applicable, the Seller is responsible for the damage caused by defects of the goods sold if he fails
to communicate to the injured party, within three months from the request, the identity and domicile of the producer or of the person who has provided the goods.
10.2. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase;
it must also contain the offer in view of the product, if it still exists.
10.3 The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product,
to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation,
did not yet allow the product to be considered defective.
10.4 No compensation will be due if the injured party has been aware of the defect of the product and the danger arising from it and nevertheless he has voluntarily exposed it.
10.5 In any case the damaged party must prove the defect, the damage and the causal connection between defect and damage.
10.6 The injured party may request compensation for the damages caused by death or personal injuries or by the destruction or deterioration of a
thing other than the defective product, provided that it is normally intended for private use or consumption and so mainly used by the injured party.
10.7 The damage to things pursuant to art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of
three hundred and eighty-seven euros (387 euros).
11) WARRANTIES AND ASSISTANCE METHODS
11.1 IlThe Seller is liable for any possible lack of conformity which becomes apparent within two years from the delivery of the goods,
in case the Purchaser is a Consumer, while in case the Purchaser is a Professional the provisions of art. 1490 c.c. and following will apply.
11.2 For the purposes of these general sales conditions and the Contract to be concluded, it is assumed that the products purchased on the
site are in conformity with the contract if, where relevant, the following circumstances exist:
a) they are suitable for the use for which goods of the same type are normally used;
b) they comply with the description given by the Seller and have got the qualities of the goods that the Seller introduced to the Purchaser as a sample or model;
c) they have got the quality and usual performance of a product of the same type which the Purchaser can reasonably expect,
taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the goods made in this regard by the Seller;
d) they are also suitable for the particular use requested by the Purchaser and which has been brought to the attention of the Seller at
the moment of the conclusion of the contract and that the Seller has accepted even for conclusive facts.
11.3 The Purchaser loses any rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered.
The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4 In any case, unless there is evidence to the contrary, it is assumed that the lack of conformity becoming apparent within six months from delivery of the
goods already existed on that date, unless such hypothesis is incompatible with the nature of the product or the nature of the defect of conformity.
11.5 In case of a lack of conformity, the Purchaser can request, alternatively and free of charge,
at the conditions indicated below, the repair or replacement of the purchased good,
a reduction of the purchase price or the termination of the Contract, unless the request is not objectively impossible to satisfy or it is
excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent to the Seller in writing, by e-mail to servizioclienti@gbconline.it,
, that will indicate his willingness to proceed with the request or the reasons that prevent him from doing so, within seven working days from receipt.
In the same communication, if the Seller has accepted the Purchaser's request, he must indicate the method of delivery or return of the goods as well as
the deadline for returning or replacing the defective goods.
11.7 If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the time limit
referred to in the previous step or, finally, the replacement or repair previously carried out caused significant inconvenience to the Purchaser,
he can request, at his option, a reasonable price reduction or the termination of the contract. In this case, the Purchaser must send his request to the Seller,
who will indicate his willingness to carry out the request, or the reasons that prevent him from doing so, within seven working days from receipt.
11.8 In the same communication, if the Seller has accepted the Purchaser's request, he must indicate the proposed price reduction or the method of returning the defective goods.
In such cases the Purchaser must indicate the methods for the re-crediting of the amounts previously paid to the Seller.
12) PURCHASER'S OBLIGATIONS
12.1 The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated by the Seller when the order is sent.
12.2 The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep the current general sales
conditions and the order he sent which form the Contract.
12.3 The information contained in the Contract is examined and accepted by the Purchaser, who acknowledges it with the purchase confirmation.
12.4 In the event of delivery by express courier, should the Seller be unable to deliver the purchased and paid goods due to reasons attributable to the Purchaser (including, by way of example but not limited to, the unavailability of the recipient indicated in the order confirmation, whether physically, by telephone, or by email), the goods shall be returned to the Seller. In such case, the purchase price of the goods shall be refunded to the Purchaser, excluding any shipping costs incurred by the Seller, as specified in the order confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason,
within 14 (fourteen) days starting from the day of receipt of the purchased goods.
13.2 In case the Seller has not fulfilled the information obligations regarding the existence,
methods and timing of the return or collection of the goods in case of exercise of the right of withdrawal pursuant to art. 52 of the
Consumer Code as amended by Legislative Decree 21/2014, the deadline for exercising the right of withdrawal is 12 (twelve) months
from the day of receipt of the goods by the Consumer.
13.3 Should the Buyer decide to exercise the right of withdrawal, the Buyer must notify the Seller through the dedicated online function available on the “My orders” page,
accessible from the “MyGBC” area of the website, by using the “Withdrawal” button, which allows the request to be submitted directly online.
Following submission of the online request, the Seller will send the Buyer confirmation of receipt of the withdrawal notice to the e-mail address provided by the Buyer.
It is also possible to notify the withdrawal by registered letter with acknowledgement of receipt to the Seller’s address, or by e-mail to servizioclienti@gbconline.it.
For the purpose of exercising the right of withdrawal, the date of submission of the withdrawal notice shall be deemed valid, provided that it is sent within the prescribed terms.
The sending of the notice may validly be replaced by the return of the purchased goods, provided that this takes place within the same terms.
The date of delivery to the post office or courier shall be deemed valid between the parties.
13.4 The return of the goods must in any case take place no later than 14 (fourteen) days from the date on which the Consumer informed the
Seller about his decision to withdraw from the Contract pursuant to art. 57 of the consumption code.
In any case, to be entitled to a full refund of the price of the purchased and paid goods, excluding shipping costs,
the goods must be returned intact even in their original packaging and, in any case, in normal condition state,
complete and intact, that is, in a perfect condition which is appropriate for resale.
13.5 The Purchaser cannot exercise such right of withdrawal for purchase contracts about audiovisual products or sealed computer software,
which have been opened by the same, as well as goods made to specifications or clearly personalized or which, by their nature,
cannot be sent back or risk deteriorating or rapidly altering, supplying newspapers, periodicals and magazines as well as goods whose price is linked
to fluctuations in the financial market rates that the professional cannot control and in any other case according to art.55 of the Consumer Code.
13.6 The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller,
unless the Seller does not accepts to receive them back.
13.7 The Seller will provide free reimbursement of the amount paid by the Purchaser as indicated in step 13.4, within the term of 14 (fourteen) days from receipt of the withdrawal notice,
subject to verification of the conditions of the returned goods.
13.8 Upon receipt of the communication by which the Purchaser communicates the exercise of the right of withdrawal, the parties in this contract are released from their mutual obligations,
except as provided for in the previous steps of this article.
14) CAUSES OF RESOLUTION
14.1 The obligations referred to in step 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in step 5.1 and even the exact fulfillment of the obligations assumed by the Seller in step 6, are essential so that by express agreement the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will result in the resolution of the contract pursuant to art.1456 of the civil code, without the need for judicial ruling.
15) PROTECTION OF CONFIDENTIALITY AND TREATMENT OF PURCHASER'S DATA
15.1 The Supplier protects the privacy of his users and guarantees that the data processing complies with the provisions of the privacy
legislation pursuant to Legislative Decree nr. 196 of June 30, 2003.
For more information please consult the Privacy section of the site and its policies about
Cookies and Internet Advertising.
16) COMMUNICATIONS AND COMPLAINTS
16.1 Written communications to the Seller and any complaints will be considered valid only if sent by e-mail to the following address:
servizioclienti@gbconline.it.
The Purchaser must indicate in the registration form his/her residence or domicile, his/her telephone number or e-mail address to which he/she wishes to
receive the communications of the Seller.
17) COPYRIGHT AND BRANDS
17.1 The use of GBC, Hallyster Sound, Unitronic, Car Plus, iSnatch and ON trademarks owned by Kon.El.Co. SpA is prohibited as well as the use of logos
and other distinctive signs on the site by unauthorized third parties.
17.2 The other trademarks and distinctive signs not specified in the previous steps belong to their respective owners.
18) MODIFICATION
Kon.El.Co. SpA reserves the right to modify, at any time, these General Conditions by giving notice on the site. The Purchaser acknowledges and agrees that any changes to these General Conditions will be applied to the orders sent by the Purchasers after the date of notification of the modification of the General Conditions.
19) APPLICABLE LAW AND JURISDICTION
19.1 These General Sale Terms and the individual contracts they govern are exclusively ruled by current Italian Law.
19.2 For any dispute arising between Kon.El.Co. SpA or the Sellers and the Consumer in relation to the general sales conditions and/or individual contracts, the competent Court is that of the place of residence or domicile chosen by the consumer, which is mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree nr. 206/2005.
19.3 For any dispute arising between Kon.El.Co. SpA or the Sellers and the Professional in relation to the general sales conditions and/or individual contracts, the Court of Milan will be competent.