TERMS OF SALE
The products and/or services purchased on the Site ("Products") are sold directly by Giglio Group SpA Registered Office in Via Dei Volsci 163, 00185 Rome (RM) VAT no. IT 07396371002. REA number: MI - 2091150
Giglio Group Spa manages and maintains the Site on behalf of GDPharma Srl.
Detailed information about the details that allow you to contact Giglio Group Spa quickly and to communicate directly and effectively with the same, also for the purpose of requesting information, sending communications, requesting assistance or forwarding complaints are indicated in the section of the Site: Online Shop Assistance.
Scope of application and navigation on the Site
The offer and sale of Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003, n. 70 containing the rules of electronic commerce (e-commerce) and by articles 45 et seq. of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and subsequent amendments.
The customer is required to carefully read these General Conditions of Sale, which Giglio Group Spa makes available to him, in pdf format, at the beginning of this section of the Site, and which he is permitted to store and reproduce, as well as all other information that Giglio Group Spa provides on the Site, both before and during the purchase procedure.
The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and/or updates to the General Conditions of Sale.
These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Giglio Group Spa that are present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. Giglio Group Spa is not responsible for the provision of services and/or the sale of products by such parties. Giglio Group Spa does not carry out any checks and/or monitoring on the websites that can be consulted via such links. Giglio Group Spa is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.
These General Conditions of Sale are applicable in the following countries: "Italy".
The Site allows each customer to navigate and, with or without registration, to make purchases.
Purchases on the Site
The purchase of Products on the Site is permitted only to those who are 18 years of age or older.
The purchase of Products on the Site is permitted both to customers who have the quality of consumers and to customers who do not have this quality. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, a consumer is a natural person who acts for purposes other than any entrepreneurial, commercial, professional or artisanal activity carried out. The insertion of the VAT number during the purchase procedure is considered an indication of the purchase being made for purposes related to the entrepreneurial, commercial, artisanal or professional activity carried out.
The purchase of Products on the Site can take place with or without registration on the Site.
Registration on the Site is free. To register on the Site, the customer must fill out the appropriate form by clicking on "My Account".
Registration on the Site allows customers to carry out the following activities:
- check the status of your order online and check the "history" of orders placed (in particular, by clicking on the number of each order placed, you can check the complete details of the order, including product details, shipping address and billing address; follow the tracking of the shipment directly from the order history;
- manage your delivery addresses, speeding up the entry of new orders;
- access the after-sales service more quickly, by entering "online reports" directly from your order history;
- receive product offers.
- manage information relating to your personal profile (in particular, you can change the password for accessing the reserved area);
- change your shipping or billing address information and/or add new shipping addresses;
- change the status of your Newsletter subscription.
The Site is reserved for retail sales. Under no circumstances may resellers, wholesalers or, in general, anyone who intends to purchase the Products for the purpose of subsequent resale, make purchases on the Site.
In the event of violation of the prohibitions contained in the current article, Giglio Group Spa reserves the right to take all necessary actions to put an end to the irregularities, including suspension of access to the Site, cancellation of registration or non-acceptance or cancellation of orders.
Giglio Group Spa is a virtual retailer that builds its commercial offer not only on the goods present in its warehouses, but also on the basis of the availability communicated by its suppliers. The Site is constantly updated automatically in order to guarantee maximum correspondence between the availability communicated by the suppliers and that indicated on the Site.
However, it may happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent. In this case, without prejudice to the rights granted to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the customer will be promptly informed by email and will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. The customer who has already made the payment (see Payment Methods section) will be promptly refunded the total amount paid, including delivery costs and any other costs incurred, in relation to the order itself (“Total Amount Due”).
For further information, see the “Product Availability” section.
No additional assistance services are provided.
Information aimed at concluding the contract
In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Giglio Group Spa informs the customer that:
to purchase one or more Products on the Site, the customer must fill out an order form in electronic format and send it to Giglio Group Spa, electronically, following the instructions that will appear from time to time on the Site;
before proceeding with the transmission of the order form, the customer may identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the various phases of the purchase; the customer must also accept the General Conditions of Sale;
the contract is concluded when the order form reaches the Giglio Group Spa server;
once the order form has been registered, Giglio Group Spa will send the customer an "Order Registration Confirmation" email to the email address indicated, containing: a summary of the General Conditions of Sale and the specific conditions applicable to the contract, information relating to the essential characteristics of the purchased product, detailed information on the price, the means of payment used, delivery costs and any additional costs, as well as information, standard instructions on withdrawal and the standard withdrawal form;
the order form will be stored in the Giglio Group Spa database for the time necessary to execute it and, in any case, within the terms of the law. To access your order form, the customer can follow the procedure defined in the paragraph "Purchase orders".
The languages available to users for the conclusion of the contract are: Italian. Customer Service is able to communicate with customers in Italian and English.
Product Availability
Due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product, even if accompanied by the wording "Immediate Availability", is not immediately available after the order has been sent. In any case of unavailability of the ordered Product, without prejudice to the rights granted to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Giglio Group Spa will immediately notify the customer by email. The customer will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. Termination of the purchase contract pursuant to this paragraph entails termination of the credit contract, ancillary to the purchase contract, possibly stipulated by the customer.
In the event that the customer exercises the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code, and the payment of the Total Amount Due has already occurred, Giglio Group Spa will refund the Total Amount Due without undue delay and, in any case, within 14 days of termination of the contract. The refund amount will be communicated to the customer via email. This amount will be credited to the same payment method used by the customer for the purchase, as provided in the “Payment Methods” section.
In the case of orders concerning a plurality of Products (“Multiple Order”), if the subsequent unavailability concerns only some of the Products in the Multiple Order – without prejudice to the rights granted to the customer by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding paragraphs, if the subsequent unavailability concerns all the Products in the order – Giglio Group Spa will immediately notify the customer by email. The customer will therefore be entitled to immediately terminate the contract, limited to the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code.
In the event that the customer exercises the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code provided above, the purchase contract concerning the Product and/or Products included in the Multiple Order and which have become unavailable will be partially terminated, limited to such Product/s, with the consequent refund, if already paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in the section “Delivery methods, costs and terms” below, and any other additional costs due specifically in relation to such Products (“Partial Amount Due”); the termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products which are the subject of the Multiple Order and which have become unavailable with respect to the other available Products which are the subject of the Multiple Order. The Partial Amount Due in relation to the Product(s) that have become unavailable will be refunded to the customer without undue delay and, in any case, within 14 days of termination of the contract. The refund amount will be communicated to the customer via email. This amount will be credited to the same payment method used by the customer for the purchase, as provided in the “Payment Methods” section.
Product Information
Each Product is accompanied by a Technical Data Sheet that illustrates its main characteristics based on the information provided by the manufacturers of the goods. Giglio Group Spa, reserves the right to modify the Technical Data Sheets, without the need for any prior notice.
Giglio Group Spa will do its best to ensure that the images of the Products published on the Site, accompanying the Technical Data Sheet of a Product, represent as faithfully as possible the Products offered for sale. The colours of the Products, however, may differ from the actual colours due to the settings of the computer systems or computers used by users to view them. The images of the Product in the Technical Data Sheet may also differ in size or in relation to any accessory products. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will be valid.
The Site may also contain general purchasing support information, such as that found, for example, in the Glossary or in the Purchasing Guide. Such information is to be understood as simple generic information material, not referable to the real characteristics of a single product. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will be valid.
Prices
All prices published on the Site are expressed in Euros and include VAT.
Giglio Group Spa reserves the right to change the price of the Products at any time and even, possibly, several times during the same day, it being understood that the price charged to the customer will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.
In the event that a Street Price is indicated on the Site next to the price of a Product, the latter indicates the price recommended to the public by the manufacturer through the distribution chain. Some shops or large-scale distribution may sell this product permanently or on offer at a lower price than that indicated on the Site. The percentage indicated next to the product, in the presence of the Street Price, is the percentage difference between the Street Price and the selling price of the Product on the Site.
Purchase orders
In the "Order Registration Confirmation" email, in addition to the sales conditions, the customer will also find the indication of the 'Customer Order Number', which must then be used in any subsequent communication with Giglio Group Spa as well as the summary of all the customer data entered in the order. The customer undertakes to verify the correctness and to promptly communicate any corrections via the Online Customer Service, which can be contacted by accessing the Customer Service section of the Site.
The customer who has made the purchase by registering will be able to access his/her "Order Summary" and check its status via the Order History section of the Site.
Customers who have made a purchase without registering can access their "Order Summary" by following the instructions on the Customer Service page or by clicking the link to access their order history, contained in the "Order Registration Confirmation" email.
From within the "Order Summary" you can make reports and/or request information, via the "Online Assistance Service".
Giglio Group Spa reserves the right to refuse orders coming from:
- from a client with whom it has an ongoing legal dispute;
- from a customer who has previously violated the conditions and/or terms of the purchase contract with Giglio Group Spa;
- from a customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;
Credit card
Payment for Products purchased on the Site can be made by credit card directly through the Site. The credit cards accepted by Giglio Group Spa will be specifically indicated on the payment method page. For payment by some credit cards, the payment of an additional fee may be required. The request for such fee and the exact amount thereof will be, if due, clearly and specifically indicated on the payment method selection page during the purchase procedure and in the Technical Data Sheet.
In the case of payment by credit card, at the same time as the conclusion of the contract, the issuer of the reference card will authorize only the commitment of the amount relating to the purchase made ("Authorization"). The Total Amount Due in relation to the purchased Product will actually be charged to the customer's credit card only on the day following the shipment, even partial, of the purchased Product. However, in the case of a Product with availability "On Request", or for other types of availability other than immediate, Giglio Group Spa reserves the right to make the charge before shipment, in order not to let the Authorization expire.
In all cases of termination of the contract and consequent cancellation of the order before the actual charge on the customer's credit card, Giglio Group Spa will request the issuer of the reference card to release the amount committed through the banking systems. The release times depend exclusively on the issuer of the credit card and, for some types of cards, can reach their natural expiry which is normally 24 days from the date of Authorization.
Once the release of the committed amount has been requested from the issuer of the reference card, under no circumstances may Giglio Group Spa be held liable for any damages, direct or indirect, caused by the delay in the release and/or failure to release the committed amount by the banking system.
If, after the Total Amount Due has actually been charged to the customer's credit card, the contract is terminated, resulting in the order being cancelled, Giglio Group Spa will re-credit the Total Amount Due without undue delay and, in any case, within 14 days of the termination of the contract.
In order to guarantee the security of payments made on the Site and prevent any fraud, Giglio Group Spa reserves the right to ask the customer for additional information (for example, landline telephone number, or a copy of the front and back of a valid identity card via email or fax).
The request email will specify the deadline by which the document must reach Giglio Group Spa. In any case, this deadline will not exceed 4 working days from receipt of the request by the customer. While waiting for the requested document, the order will be suspended.
In the event of a request, the customer is required to send the requested documents within the indicated time frame. In the event that Giglio Group Spa does not receive such documents within the indicated time frame or receives expired or invalid documents, the contract will be considered terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order will consequently be cancelled, without prejudice to the right of Giglio Group Spa to compensation for any damages it may have incurred due to the customer's non-compliant behavior. The termination of the contract, of which the customer will be notified by email, no later than 4 working days from the expiry of the term for sending the documents requested by Giglio Group Spa, will result in the cancellation of the order and the refund of the Total Amount Due possibly already paid by the customer.
In the event that Giglio Group Spa receives the requested documentation within the indicated time frame, the delivery terms applicable to the Product will run from the date of receipt of the documentation.
At no time during the purchase procedure is Giglio Group Spa able to know the information relating to the customer's credit card, transmitted, via a protected connection, directly to the card issuer's site. No computer archive of Giglio Group Spa stores such data, except, limited to the data relating to the cardholder, the case referred to in the preceding paragraph.
Paypal
Payment for Products purchased on the Site can be made through the PayPal payment solution, according to the terms and conditions of the contract agreed between the customer and PayPal. In the case of payment through PayPal, the amount relating to the purchase made will be debited by PayPal immediately, at the same time as the conclusion of the contract.
In all cases of termination of the contract and subsequent cancellation of the order, the Total Amount Due will be simultaneously credited back to the customer's PayPal account. The methods of crediting the payment instrument linked to the PayPal account depend exclusively on PayPal. Once the amount relating to the purchase made has been credited back to the PayPal account, in no case can Giglio Group Spa be held responsible for any damages, direct or indirect, caused by delays in the actual crediting attributable to PayPal or the banking system.
In order to guarantee the security of payments made on the Site and prevent any fraud, Giglio Group Spa reserves the right to ask the customer for additional information (for example, landline telephone number, or a copy of the front and back of a valid identity card via email or fax).
The request email will specify the deadline by which the document must reach Giglio Group Spa. In any case, this deadline will not exceed 4 days.
Pending receipt of the requested document, the order will be suspended.
In the event of a request, the customer is required to send the requested documents within the indicated time frame. In the event that Giglio Group Spa does not receive such documents within the time frame specified in the request email or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, and the order will consequently be cancelled, without prejudice to the right of Giglio Group Spa to compensation for any damages it may have incurred due to the customer's non-compliant behavior. The termination of the contract, of which the customer will be notified by email, no later than 4 days after the deadline for sending the documents requested by Giglio Group Spa, will result in the cancellation of the order and the refund of the amount.
In the event that Giglio Group Spa receives the requested documentation within the indicated time frame, the delivery terms applicable to the Product will start from the date of receipt of the documentation.
The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Giglio Group Spa. Giglio Group Spa is therefore not able to know and does not store in any way the data of the credit card connected to the customer's PayPal account or the data of any other payment instrument connected to that account.
Delivery methods, costs and terms
The delivery of the Products is carried out in all the States indicated in the preamble of these General Conditions of Sale to the shipping address indicated by the customer in the order form. However, delivery can only be carried out within the borders of the State of Italy by adding a Product to the cart.
The customer is therefore obliged to enter in the order form a shipping address that is within the borders of the State associated with the Nation of purchase. Orders that contain the indication of a shipping address outside these borders will be cancelled pursuant to and for the purposes of art. 1456 of the Civil Code and the total amount due will be refunded, if already paid.
Furthermore, delivery cannot be made in the so-called "free zones", including, for example, the towns of Livigno, Campione d'Italia, Ahvenanmaan lääni (FI), Açores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Channel Islands (GB) or to PO boxes or post offices. In the event that the shipping address is a PO box or a post office or in one of the locations indicated, Giglio Group Spa will proceed to terminate the contract pursuant to and for the purposes of art. 1456 of the Civil Code and to refund the total amount due, if already paid. In case of doubts about the destination location, the customer is invited to request information by reporting by accessing the section of the Site: "Online Customer Service".
The delivery obligation is deemed to be fulfilled by the transfer of material availability or in any case control of the Products to the customer. The risk of loss or damage to the Products, for reasons not attributable to Giglio Group Spa, however, will be transferred to the customer when the customer or a third party designated by him and other than the carrier, physically takes possession of the Products.
Delivery costs are borne by the customer, unless otherwise indicated in the Product Data Sheet. The amount (including VAT) of such costs, which may vary in relation to the delivery methods chosen by the customer, as well as in relation to the destination, number and weight/volume of the Products that the customer decides to purchase, will be expressly and separately indicated in relation to the individual Product in the Product Data Sheet and, in any case, before the customer sends the purchase order. This amount will finally be reported in the "Order Registration Confirmation" and "Shipping Confirmation" emails.
For the delivery of the Products in certain territorial areas, specifically indicated during the purchase procedure, the payment of a surcharge ("remote area shipping cost contribution") may be required, the exact amount of which will be clearly indicated during the purchase procedure and before the order is sent.
Where applicable, the customer is responsible for customs charges and duties, which will not be refunded in the event of termination, for any reason, of the purchase contract. In any case, the amount due as customs charges and duties not refundable in the event of termination of the purchase contract, will be explicitly indicated in the purchase procedure, before the customer sends the order.
In the order summary and, therefore, before the customer proceeds to transmit the order, the total price of the order will be indicated, with a separate indication of the delivery costs and any other additional costs. This total, which will also be indicated to the customer in the "Order Registration Confirmation" email, will constitute the total amount owed by the customer in relation to the order. Nothing more is owed by the customer than this amount.
In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the customer will be calculated on the basis of the weight of the Product subject to withdrawal, making a proportional distribution of the delivery costs in relation to each Product forming part of the Multiple Order and returning those attributable to the returned Product. In any case, the amount of delivery costs to be refunded may never exceed that actually paid by the user.
Pursuant to art. 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004, for each purchase made on the Site, Giglio Group Spa issues an invoice for the material shipped, sending it via email to the person in whose name the purchase order was placed (attached to the "Shipping Confirmation" email).
The customer will be able to download a PDF copy of the Invoice, after the delivery of the purchased product, also in the "Order History" section.
For the issuing of the invoice, the information provided by the customer at the time of placing the order through the Site shall be valid and which the customer guarantees to be true. No changes to the invoice will be possible after its issuance.
Delivery of the ordered items is intended to be at street level, unless otherwise communicated by Giglio Group Spa Customer Service;
-as provided for in the Product Technical Data Sheet;
-purchasing the floor delivery service, where applicable.
It is possible to purchase "Additional Delivery Services". The list of "Additional Delivery Services" available in relation to the individual Product, their detailed description as well as the exact indication of their cost (in Euros and VAT included) will be provided in the Product Technical Sheet or during the purchase process, as the availability and cost of the service are often linked to the destination of the goods. In the event of exercising the right of withdrawal, all delivery costs will be returned to the customer, including those relating to the "Additional Delivery Services" possibly purchased by the customer, while the costs for any "Additional Services" other than the "Additional Delivery Services", possibly purchased by the customer, will not be returned.
In the event that delivery "to the living area" is impossible due to the lack of size requirements for the stairs and doors specified in the Product Technical Data Sheet or communicated by Giglio Group Spa Customer Service, the Courier will deliver the Product to the street level. In the event of refusal by the customer, Giglio Group Spa will still charge the delivery costs.
The customer is advised to check at the time of delivery:
- that the number of packages delivered corresponds to that indicated in the transport document sent in advance via email;
- that the packaging is intact, not damaged, not wet or otherwise altered;
- that the closing materials (adhesive tape or plastic strapping) have not been tampered with in any way.
Furthermore, the customer is invited, in his/her own interest, to report any damage to the packaging or any discrepancy in the number of packages by writing "WRITTEN RESERVATION FOR INSPECTION" and specifying the reason for the reservation (e.g. "holed packaging", "crushed packaging", etc.) on the courier's proof of delivery.
In fact, the unreserved receipt of the Products does not allow the customer to take legal action against the courier in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the courier and with the exception of partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is discovered and no later than eight days after receipt. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains valid.
The customer is required to report any particular characteristics relating to the place of delivery of the Product and/or its location. In the event that he/she does not provide such information or provides incorrect information, any additional costs that Giglio Group Spa must bear to complete the delivery of the Product will be at his/her expense.
The customer acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract. In the event of non-delivery due to the absence of the recipient at the address specified in the order form, after two failed delivery attempts, the package will be "stored". In the event of failure to collect the Product within five working days from the day following the day on which the courier left the notice of passage, the contract will be considered terminated and the purchase order consequently cancelled pursuant to art. 1456 of the Civil Code. Once the contract has been terminated, Giglio Group Spa will proceed to refund the total amount paid by the customer, minus the costs of the unsuccessful delivery of the Product, the costs of returning it to Giglio Group Spa and any other costs incurred by it from the day following the day on which the courier left the notice of passage. The termination of the contract and the amount of the refund will be communicated to the customer via email.
Those who have not collected the shipment more than twice, regardless of the chosen delivery or payment method, cannot make purchases on the Site. In the event that such individuals place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Termination of the contract will be communicated to the customer via email.
The delivery terms will be indicated during the purchase process, before the customer transmits the order; they run from the date of transmission of the order, unless otherwise specified.
In the case of Multiple Orders, all Products included in the Multiple Order will be delivered simultaneously; the delivery term, in this case, will be the longest among the delivery terms of each Product included in the Multiple Order, as indicated in the relevant Technical Sheet or during the purchase process, before the customer sends the order. The delivery term of the specific order (single or multiple) will also be indicated in the Order Registration Confirmation email.
In the event of failure to indicate the delivery date, it will in any case take place within thirty days from the date of conclusion of the contract.
To resolve some logistical or other problems that may arise regarding delivery, it may be necessary to contact the customer.
In any case, at the moment Giglio Group Spa entrusts the shipment to the courier, the customer is notified by an SMS and an e-mail of "Shipping Confirmation". This e-mail contains all the details relating to the delivery: list of Products shipped, amount due, specific forms of payment accepted by the Courier in charge of the delivery, Tracking number of the shipment linked to the courier's website (if available).
In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the Order Registration Confirmation email, the customer, pursuant to art. 61 of the Consumer Code, invites Giglio Group Spa to make the delivery within an additional period appropriate to the circumstances (“Additional Period pursuant to art. 61, paragraph III, Consumer Code”). If such Additional Period expires without the Products having been delivered, the customer is entitled to terminate the contract (“Termination of the contract pursuant to art. 61, paragraph III, Consumer Code”), without prejudice to the right to compensation for damages. The customer is not burdened with the obligation to grant Giglio Group Spa the Additional Period pursuant to art. 61, paragraph III, Consumer Code (“Excluded Cases”) if:
Giglio Group Spa expressly refused to deliver the Products;
compliance with the delivery deadline indicated during the purchase process and in the “Order Registration Confirmation” email must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
the customer informed Giglio Group Spa, prior to the conclusion of the contract, that delivery by a certain date is essential.
In the Excluded Cases, if the customer does not receive the Products within the delivery term indicated during the purchase process and in the “Order Registration Confirmation”, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in the Excluded Cases”). The indication of the Additional Term pursuant to art. 61, III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, III paragraph, Consumer Code or Termination of the Contract in the Excluded Cases must be communicated by the customer to Giglio Group Spa at the Customer Service email address. In the event of Termination of the Contract pursuant to art. 61, III paragraph, Consumer Code or Termination in the Excluded Cases, Giglio Group Spa will refund the customer the Total Amount Due without undue delay. The refund will be made using the methods indicated in the “Payment Methods” section, where applicable. In the event that the customer does not proceed with the setting of the Additional Term pursuant to art. 61, III, Consumer Code or, if the conditions apply, to the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in the Excluded Cases, Giglio Group Spa, without prejudice to the possibility for the customer to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, undertakes, in any case, to:
promptly notify the customer by email of the delay in delivery, indicating at the same time the new delivery date, if available, which must be accepted by the customer by email;
in the event of a delay in delivery of 10 days or more, grant the customer, upon request, a refund of the delivery costs and any other costs, including for "Additional Delivery Services" or other services purchased by the customer, immediately and in any case within 10 days of the request, or, alternatively, grant the customer a discount voucher equal to the value of the delivery costs paid by the customer, which can be spent on the Site within 3 months.
Applicable law
The purchase contract concluded on the Site is governed by Italian law.
The application to consumer customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.
For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the competent court is the court of the place where the customer resides or has elected domicile, if the latter is a consumer, as defined by the Consumer Code.
The customer who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.