1. Object
These general conditions of sale apply to the purchase of products by users who qualify as ‘consumers’ (ie subjects who proceed with the purchase of one or more products for purposes not related to their entrepreneurial, commercial, craft or professional activity, pursuant to and for the purposes of the so-called “Consumer Code”) through the e-commerce site Gibu, owned and managed by “Gibu” which deals with the sale of products as a ‘seller’.
Any communication from the consumer connected and/or related to the purchase of the products – including any reports, complaints, requests concerning the purchase and/or delivery of the same, the exercise of the right of withdrawal, etc. – must be sent to the seller at the addresses and in the manner indicated on this website and, in any case, email us.
Each purchase is governed by these general conditions of sale in the version that will be published on the aforementioned website at the time the order is sent by the consumer.
If one or more sales are made to a person who cannot be qualified as a consumer in the exception referred to in the aforementioned legislation and specified above, i.e. by a professional – defined therein as any natural or legal person who places an order in the exercise of his business , commercial, artisanal or professional – these general conditions of sale will still apply but, by way of derogation from the provisions of the same:
(a) the non-consumer buyer will not be granted the right of withdrawal as provided for in the shipping and return section, and in the event of disputes, the so-called consumer forum referred to in the following art. 8;
(b) the non-consumer purchaser will not be able to benefit from the guarantee on the products referred to below;
(c) the non-consumer purchaser will not be granted any other safeguards, provided herein in favor of the consumer, which reflect or comply with mandatory provisions of the law;
(d) the contract of sale concluded between the seller and the buyer will be governed by the country, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed, which will also contain the link to these general conditions of sale, is sent to him via e-mail to the address he declared during the registration on the aforementioned website or during the purchase process.
In order to make purchases through this website, the buyer must be of age (over 18).
The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to the users of this website. Any changes made will be effective from the date of publication on the aforementioned website and will apply only to sales concluded from that moment.
2. Characteristics of the Products
The products sold by Gibu through the aforementioned website are the products present in the electronic catalog published on Gibu at the time the order is placed by the buyer and are sold with the characteristics described on the aforementioned website and according to these general conditions of sale in the version published on the site itself at the time the order is sent, with the exclusion of any other condition or term.
Gibu points out that the images and descriptions of the products published on the site reproduce as faithfully as possible the real characteristics of the products themselves. It is understood that these images and descriptions may not be perfectly representative of the products and must therefore be considered as indicative and with usage tolerances.
The products on sale on Gibu, their prices and/or characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the buyer is invited to check the final sale price.
It should also be noted that the prices indicated in the electronic catalog published on Gibu are inclusive of VAT.
3. How to purchase the Products – Completion of each individual purchase contract
The presentation of the products on Gibu, which is not binding for the seller, represents a mere invitation addressed to the consumer to formulate a contractual purchase proposal and not an offer to the public, remaining, in the full discretion of the seller, any decision regarding the acceptance of any proposals formulated
The purchase order sent by the buyer to the seller via the Gibu website has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself, and which the buyer, with the transmission of the order to the seller, is required to accept in full and without reservation. Before proceeding with the purchase of the products, by sending the purchase order, the user will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, inviting the user/buyer here to print a copy or store or reproduce a copy for your personal use.
The purchase order is accepted by the seller by sending it to the buyer, to the e-mail address declared by the latter to the seller when registering on the Gibu website or when sending the order (in case of failure registration on the website), an e-mail with which the forwarded order is confirmed and with which Gibu, having verified the actual payment of the goods, will send the summary of the order placed and the description of the characteristics of the product ordered . The buyer expressly accepts that the execution of the contract by the seller will begin when the price of the product/s purchased is credited to the seller’s current account.
The buyer’s order, the seller’s order confirmation and the general conditions of sale applicable to the relationship between the aforementioned parties will be filed electronically by the seller in their computer systems (for 26 months) and the user can request a copy by sending a communication via Email using the contact form on this website.
The price of the products is that indicated on the Gibu website at the time the order is placed by the buyer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable).
4. Product selection and purchase procedure
The purchase of products on the site cannot be made directly without prior registration.
Registration on the site is free and will give the right for future orders to access the special conditions of reserved promotions, to check one’s order history and to manage one’s personal data.
To register on the Gibu site, the user must complete and send the appropriate Form by entering the requested data (for example name, surname, address, e-mail and telephone number). Registration will then be confirmed by sending a confirmation e-mail. The registration credentials must be used only by the user and cannot be transferred to third parties, the user undertaking to guarantee their secrecy. The user guarantees that the personal information provided during the registration procedure on the site is complete and truthful and agrees to hold Gibu harmless and indemnified from any obligation to pay compensation and/or fines and/or damages it may incur due to violation by the user of the rules governing registration on the aforementioned website and the purchase of products on the same.
The products presented in the catalog of the Gibu site can be purchased by selecting them by the user and placing them in the appropriate virtual shopping cart. Once the selection of the chosen products has been completed, to continue with the purchase of the products included in the cart, the buyer will be invited to: (a) register on the Gibu website, providing the requested data, or (b) to log in , if already registered or (c) to simply provide their data in order to complete the order and therefore continue with the completion of the contract. If the data indicated in the order are different from those provided during registration on the website, the buyer must confirm their data (indicating, for example, their name, surname, etc.), as well as the delivery address of the selected products (and possibly the different name of the recipient, if different from the purchaser), the billing address and a telephone number where you can be contacted for any communications relating to the purchase made. The buyer will then be able to view a summary of the order to be carried out, the contents of which he will be able to modify and finally he will be asked to proceed with the purchase, which will thus be definitively sent to the seller.
The buyer will also be asked to choose the payment method among those available. If the buyer decides for the immediate payment method by credit card or PayPal, he will be required to communicate the relevant data via secure connection. Gibu does not have access to and does not store the credit card data used to pay for the products and, if made through the PayPal system, the buyer will be directly redirected to www.paypal.it and will make the payment according to the established procedure and governed by PayPal to which reference is made, specifying that the data entered on this site will be processed directly by the latter.
The user can alternatively opt: (a) for payment by bank transfer, in this case instructions and the bank details of Gibu will be provided to him during the purchase; (b) for payment on delivery, in this case the balance of the goods must be paid exclusively in cash: the courier will not accept any type of check.
5. Seller’s legal guarantee of conformity, reporting of conformity defects and interventions under guarantee
Pursuant to and by effect of European Directive 44/99/EC and Legislative Decree 206/2005 (the so-called Consumer Code), the seller guarantees the buyer that the products will be free from design and material defects as well as compliant to the descriptions published on the Gibu website for a period of 2 (two) years from the delivery date of the products. The application of any guarantee is excluded in the event of use of the product that does not comply with that of the product and with the instructions/warnings in this regard provided by the seller or indicated in the reference illustrative documentation, tags or labels.
Under penalty of forfeiture of this guarantee, the consumer has the burden of reporting any defects and non-conformities within and no later than 48 hours of discovery, by sending a communication using the contact form, and indicating the defect and/or or non-compliance found as well as related photographic documentation
Following receipt of the request and the relative documentation, the seller will verify and evaluate, by means of appropriate checks, the defects and non-conformities thus reported. The consumer will have the right to have the product repaired or replaced, where this is possible in consideration of the availability of the product, and unless the replacement or repair is excessively burdensome for Gibu in consideration of the value that the product would have if it were not there. the lack of conformity, of the extent of this defect and of the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
Should the seller be required to reimburse the consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used at the time of purchase or by bank transfer. It will be the consumer’s responsibility to communicate to the seller, when requesting the return or email us, the bank details for the execution of the transfer in his favor.
6. Consumer data and privacy protection
In order to proceed with the registration, forwarding the order and therefore the conclusion of the contract, the buyer must provide some personal data requested through the Gibu website which will be recorded and used by the Seller in accordance with and in compliance with current legislation (so-called Privacy Code) to execute each purchase made through the Site and, subject to your consent, for any further activities as indicated in the specific privacy information provided through the site.
For any further information on the methods of processing personal data, please refer to the Privacy Policy and Cookie Policy sections which the buyer declares to have read and accepted together with these General Conditions of Use.
7.Copyrights
All texts, images and trademarks appearing on this website are protected by copyright and intellectual property laws, therefore, any unauthorized use will be prosecuted pursuant to and by effect of current legislation on the matter . The user who has a personal website on the Internet and wishes to insert, for personal use, on his website a direct link to the homepage of this website, must request authorization from Gibu and, in this case, does not it will be an implied affiliation contract. Furthermore, any hypertext link to the Gibu site, using the framing, deep-linking, in-line linking or any other deep linking technique, is in any case prohibited.
8. Applicable law and jurisdiction
The contract concluded between the seller and the consumer pursuant to these conditions of sale will be governed and interpreted in accordance with the laws where Gibu is located. Disputes between the seller and the consumer, arising from the contract thus regulated between them, will be devolved to the judge of the place of residence or domicile of the consumer, in the meaning indicated above and referred to in the consumer code, if located in the territory of the State .