General Terms and Conditions of Sale

Art. 1 – General Provisions

1. The User by navigating to this area accesses the site www.guanziroli.it (the “Site”), held by the Company Artigiana Guanziroli Giorgio & C. s.n.c. di Guanziroli S. e I.. (the “Company”) registered under tax code/vat number 01720270139; the user is requested to read these General Terms and Conditions of Sale carefully before making requests and/or submitting purchase orders to the Company.

2. Through the site, the Company offers a product catalog and no commercial and/or financial transaction takes place; the sale is concluded at the Company’s premises. As stipulated in the current regulations and as clarified in Circular No. 3547/C, dated June 17, 2002, the meaning of “electronic commerce” is not applicable.

3. By making any request for quotation and/or order, the Customer implicitly and fully accepts these general conditions of sale which, therefore, shall be deemed to be known and accepted by the Customer in all its covenants and provisions, none excluded and/or excepted.

4. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made by the Customer with the Company Guanziroli Giorgio & C. s.n.c. di Guanziroli S. e I. (the “Company”) registered with tax code number / vat 01720270139, located in Via dei Platani 44, 22040 Alzate Brianza (CO), Italy.

5. The offer of the products is addressed exclusively to identifiable natural and/or legal persons who do not intend to sell and/or market them as part of the exercise of any business activity; therefore, the Company reserves the right not to accept orders from persons who are not clearly identifiable or who, by reason of elements that will be evaluated from time to time, are presumed to intend to sell and/or market them to third parties as part of their business activity.

6. The contract of sale of products and services concluded with the Company is governed by these general terms and conditions of sale as well as the provisions of Legislative Decree December 6, 2005 no. 206 (“Consumer Code”) and the applicable provisions of the Civil Code.

Art. 2 – Purpose

1. These General Terms and Conditions of Sale govern the submission, acceptance, and disposition of purchase orders for products of the Company. They do not regulate the provision of goods or services through electronic commerce and/or by parties other than the Company who may also be present on the site through links, banners or other hyperlinks.

Article 3 – Submission of the Order Request.

The site does not allow online ordering, payment, or delivery of goods or services. The site constitutes only a product catalog through which the Customer can locate the desired product(s) and notify the Company in order to finalize the order quote and then the purchase contract, the sale is concluded at the Company’s premises.

2. To submit the Order Request the user will need to:

(i) Submit an Order Request via the e-mail info@guanziroli.it or call 3450825697, or via the Order Request Form found in the product sheets on the site (linked to the e-mail info@guanziroli.it) communicating the required product code, number of pieces, other information useful for correct and complete preparation of the quotation according to the user’s needs (e.g., customizations, modifications, etc.);

(ii) Alternatively or in addition to. (i): send appointment request to the Company’s office via e-mail info@guanziroli.it or call 3450825697;

(iii) Provide the company with your personal and tax information (first and last name/company name, residence/registered office, tax identification number/VAT number, e-mail/phone), which is required for the issuance of the purchase order and for invoicing.

3. The Order Request sent by the Customer is subject to confirmation and acceptance by the Company.

4. The Order Request is not valid as a purchase contract and does not bind the parties in any way; unless explicitly confirmed as acceptance by both parties.

5. The Order Confirmation is the document issued by the Company that validates the purchase contract, establishes the product(s) and/or service(s) requested, the price, payment method and delivery terms.

Article 4 – Payment and conclusion of the purchase contract

1. Payment is required at the time of Order Confirmation; if payment is not received, the purchase contract may be deemed null and void.

2. The order shall be deemed confirmed when the amount defined in the Order Confirmation is credited to the Company’s Bank Account shown on the same or, in the case of presence at the Company’s premises, when cashed by check, debit cards (Visa/Mastercard), credit cards (Visa/Mastercard), prepaid cards (Visa/Mastercard), cash (within the limits imposed by the regulations in force).

3. Upon completion of the actions in the preceding points, the Company shall take charge of the order for its fulfillment. The Company will issue an invoice as required by applicable regulations, with the data indicated by the Customer and entered in the Order Confirmation.

Article 5 – Product characteristics and prices

1. The purchase of products posted on the site and/or presented in the quote is subject to actual availability at the time the customer places the order. Delivery times will be communicated by the Company during the purchasing stages based on stock availability or production schedules.

2. Each product sheet presented on the site contains a description of the product’s characteristics (size, materials, etc.) and, unless specifically requested by the customer during the purchasing stages, will correspond to the characteristics of the product(s) entered in the Order Confirmation. It remains the customer’s responsibility to request additional product information in the event that those included in the site tabs and/or in Order Confirmation are not considered exhaustive and/or the product characteristics do not meet their wishes.

3. The images and photos used to accompany the product sheets are merely indicative and may not be perfectly representative of the characteristics of the products, as they may differ in size or other finishes where requested by the customer. It is possible to request the Company to send preparatory engravings before production. It is always guaranteed to be able to view the product at the time of pickup at the Company’s premises or to send photos of the products before shipment in the event that shipment by courier is required.

4. The prices of the products presented on the site and indicated in the sheets of each product are inclusive of VAT. Prices do not include any transportation charges and/or charges for other additional services (e.g., engraving, customization, etc.) that may be requested by the Customer. The price of the supply, including any ancillary charges, additional services and transportation costs is defined in the Order Confirmation and this finally expressed in the invoice.

5. The Company reserves the right to change the price of products on the site at any time, at its sole discretion and without notice. Any change in price (whether increase or decrease) will not affect Orders already placed by the Customer prior to the effective date of the price change. In any case of non-acceptance of the Order Confirmation or its cancellation, the Company does not guarantee that the price of the product will remain the same in the next Order that the Customer may subsequently place.

Art. 6 – Delivery

1. The Company makes shipments throughout the territory of Italy, including the Vatican City State and the Republic of San Marino. Shipments beyond the borders of the Italian territory will be evaluated upon acceptance of the Order Request.

2. The Company will make deliveries by courier, either to the domicile provided by the user or to the pick-up points indicated at the time of purchase. However, this is without prejudice to the customer’s ability to pick up the goods at the Company’s premises.

3. Delivery is generally made within 10 working days based on the availability of the goods and/or the production time of the goods; the expected delivery date will be stated in the Order.

4. Shipping costs are the responsibility of the customer and are explicitly highlighted in the Order.

5. Ownership and risks associated with the goods shall be deemed to have been acquired at the time of delivery; goods even if carriage free travel at the risk of the Customer.

6. The Company, in order to maintain a high level of service to the customer, will consider any complaints within eight days of receipt of the goods. Eight days after receipt of the goods, no claims will be accepted, except as provided in Articles 6 and 7 of these Conditions of Sale.

Article 7 – Warranty

1. The product purchased by the Customer is covered by the Legal Warranty for consumer goods as governed by Articles 128 et seq. of the Consumer Code and, to the extent not expressly provided for therein, by Articles 1490 et seq. of the Civil Code on the contract of sale.

2. The Legal Warranty applies and operates at the expense of the Company in the event that the product has conformity defects, provided that such defects become apparent within 24 months from the date of delivery of the goods to the Customer and reported by the Customer within 2 months from the date of discovery of the defects, in accordance with Art. 132 of the Consumer Code.

3. A conformity defect occurs when the product: (i) is unfit for the use for which it is customarily to serve; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performance of a good of the same type; (iv) is not suitable for the particular use intended by the consumer if brought to the seller’s attention at the time of purchase and accepted by the seller.

4. Pursuant to Art. 130 of the Consumer Code, in the presence of a lack of conformity, the Customer may, at his or her option, request the repair of the product or its replacement, unless the remedy requested is objectively impossible or excessively burdensome compared to the other in accordance with the provisions of Art. 130 paragraph 4 of the Consumer Code.

5. Pursuant to the Consumer Code and the applicable Civil Code, the Legal Warranty is excluded if any of the following occurs: (i) the product has been repaired, tampered with, or altered by anyone other than the Company or any other person authorized by the Company; (ii) the alleged lack of conformity of the product has manifested itself beyond the period of 2 years from the delivery of the product and/or the relevant request for repair or replacement has been sent after 2 months from the discovery of the defect; (iii) the alleged defect is due in whole or in part to misuse and/or improper use/storage/maintenance or installation by the Customer or person other than the Company or any other person authorized by the Company; (iv) at the time of the conclusion of the contract, the Customer is aware of the defect and could not ignore it with ordinary diligence; (v) the lack of conformity arises from instructions or materials provided by the Customer.

Art. 8 – Right of withdrawal

1. In accordance with the provisions of the Consumer Code, the consumer customer has the right to withdraw from the purchase contract without penalty and without specifying the reasons within the period of 14 days from the date of receipt of the goods (in the case of separate delivery of several products, the right of withdrawal starts from the day on which the last good is delivered).

2. The consumer customer may communicate the desire to withdraw from the contract by submitting any express statement to that effect by telegram or registered letter with acknowledgment of receipt, or by e-mail, provided it is confirmed by registered letter with acknowledgment of receipt within the next 48 hours. The Company will acknowledge receipt of the withdrawal statement to the customer and communicate instructions for proceeding with the return of the goods.

3. The Consumer Customer may not exercise the right of withdrawal in the cases of from Art. 59 of the Consumer Code.

4. Within 14 days from the day on which the Consumer Customer has communicated the desire to withdraw from the contract, the product for which the right of withdrawal is exercised must be returned by sending it to the following address: via dei Platani 44, 22040 Alzate Brianza (CO), Italy. The cost of return will be borne by the Customer, subject to the terms and conditions set forth in Art. 57, co. 1, of the Consumer Code.

5. The returned goods must be in a normal state of preservation and undamaged, must be in its original packaging, complete with all its parts and without any lack.

6. Within 14 days of receipt of the returned goods, and upon verification of the condition and identity of the same, the Company will refund the full price paid by the Consumer Customer using the same payment method used for the purchase.

Art. 9 – Data Processing.

1. Access to and use of the site constitutes acceptance of the Terms of Use as set forth at https://www.guanziroli.it/condizioni_uso/

2. The processing of the Customer’s data is carried out through computer tools and media suitable for ensuring the security and confidentiality of the same. All information received by the Society is protected from unauthorized access.

3. The provision of data and consent to their processing for the purposes referred to the purpose of the purchase contract or its execution and related payment is necessary for the execution and conclusion of the contract itself, therefore, the refusal to provide such data or to give consent to their processing has as a consequence the impossibility for the user to purchase the products offered.

4. The provision of data and consent to their processing for the purposes of business information is optional. However, any refusal to provide such data or to give consent to its processing may result in your inability to receive further services.

5. The customer always retains the right for his or her data to be updated, corrected or supplemented, as well as always retains the right to request their deletion, transformation into anonymous form or blocking, and may also revoke at any time the consent to processing previously given to the Company.

6. All rights under the EU Regulation 2016/679 can be exercised by the user by sending communication to the following e-mail: info@guanziroli.it.

Article 10 – Communications, contacts and complaints

1. Any request for information or any complaint may be sent by mail to the following address: via dei Platani 44, 22040 Alzate Brianza (CO), Italy; or to the e-mail box: info@guanziroli.it; or by telephone to the following address: 3450825697.

Article 11 – Jurisdiction

1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with Italian law.

2. Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian judicial authority. If the purchaser qualifies as a Consumer, any disputes shall be resolved by the court of the purchaser’s place of domicile or residence in accordance with applicable law.

These General Terms and Conditions are drawn up on 09/11/2020.