Sale General conditions
1)Effectiveness of the General Conditions.
These conditions govern the sale and supply of products by GAM Gonzagarredi Montessori S.r.l. (hereinafter, "GAM Gonzagarredi Montessori") through the site www.gonzagarredi.com (hereinafter, the "Site"). The sending of the order by the user implies the acceptance by the latter of these conditions of sale. GAM Gonzagarredi Montessori reserves the right to modify these conditions in the future.
2) Order procedure.
The display of our products and services on our website virtual shop window “www.gonzagarredi.com” represents just an invitation to explore our offers; to purchase a product, it will be necessary to send an order according to the procedures indicated here. Once the order is received, GAM Gonzagarredi Montessori will send an e-mail of receipt, summarizing all the applicable general and particular conditions. The order will be considered as a contractual proposal addressed to GAM Gonzagarredi Montessori. Upon checking on the user’s conditions and on the availability of the products, the company reserves the right to accept the order, reject it or make an amendment proposal.
3) Conclusion of the contract.
Once the user’s conditions are satisfactory, GAM Gonzagarredi Montessori will send an order confirmation by e-mail, summarizing all the particular and general conditions of the purchase, which will be used to conclude the sales contract. In the event of a modification proposal, the customer must return the proposal sent by GAM Gonzagarredi Montessori signed for acceptance; upon receipt of this acceptance, the sales contract will be considered perfected and concluded. For public authorities, the following procedure applies only: the order confirmation must always be returned stamped and signed for acceptance by the customer. The sales contract with a public institution will be considered perfected and concluded exclusively with the receipt by GAM Gonzagarredi Montessori of the order confirmation signed for acceptance by the public office.
In any case, GAM Gonzagarredi Montessori will proceed with the order fulfillment only after the contract has been concluded, as described in this clause.
4) Prices and payment methods.
Product prices are clearly indicated on the Site, inclusive of VAT and transport. If the product is no longer in production, GAM Gonzagarredi Montessori will inform the user via e-mail. The price and availability details shown on the Site are subject to change without notice.
The price and shipping costs will be paid by credit card, Pay Pal, bank transfer. In case of prepayment, the products are shipped only after receipt of the payment.
Only for orders from public institutions the payment terms will be bank transfer within 60 days of the invoice date.
5) Terms of delivery.
GAM Gonzagarredi Montessori will deliver the order to the address indicated by the user and in any case limited to the Italian territory. The availability of the product in stock is indicated on the Site at the time of the order. Estimates on shipping times shown on the Site are based exclusively on availability, normal order processing and delivery times declared by suppliers and refer to the Northern and Central capitals. For the North / Central Provinces and Southern Capitals it is necessary to add 24 hours, while for islands and smaller towns 48 hours. Of course, the actual time will depend on the conduct of our suppliers. Deliveries are made by the transporter to the street level.
6) Product Warranty.
All products are guaranteed against defects in the materials used and construction, according to the manufacturer's warranty terms and conditions. In case the product does not work properly, the user must follow the procedures indicated by the manufacturer. If the user should have consultation problems, GAM Gonzagarredi Montessori will help in identifying contact addresses. In any case, GAM Gonzagarredi Montessori offers every guarantee required by law.
7) Complaints and Returns.
Complaints for damaged or missing products will not be accepted after 8 (eight) working days from receipt of the products, at the shipping address indicated by the user. If the packages of the shipment are damaged upon arrival, the courier's waybill must be signed with "specific reserve" and photos of the damage must be provided. Without the signature with specific reservation, no complaints will be accepted. Returns and complaints, applicable only to consumers, must be reported directly to email@example.com. In case of acceptance of a return, the return authorization will be sent to the customer. The return authorization number must necessarily be indicated on the outside of the package containing the returned product. The products must be returned intact in their original packaging, with adequate external packaging. If the aforementioned conditions are not respected, GAM Gonzagarredi Montessori reserves the right not to accept the return. The return costs are always charged to the customer.
GAM Gonzagarredi Montessori is not responsible for damage resulting from incorrect application of the instructions relating to the product. GAM Gonzagarredi Montessori is not liable for damage to third parties and damage to products or parts thereof caused by: a) accidents, abuse, improper use, incorrect application, flooding, fire, earthquake or any other external cause; b) changes to the products or parts thereof made without the consent of GAM Gonzagarredi Montessori. GAM Gonzagarredi Montessori is not in any case responsible for any damage resulting from the use of the product for purposes other than those indicated by the manufacturer.
9) Applicable law.
Any dispute relating to these general conditions or in any case to orders sent under these general conditions will be subject to and must be interpreted in accordance with Italian law.
Any dispute arising directly or indirectly from these general conditions or in any case to orders sent under these general conditions or otherwise connected with them will be devolved to the exclusive jurisdiction of the Vicenza court and to the Italian jurisdiction. Moreover, GAM Gonzagarredi Montessori will have the exclusive right to act before Courts and Jurisdictions other than those indicated in the preceding article and identified according to the applicable laws.
For further information and assistance on the Site or on how to purchase on the Site or on orders, users can contact GAM Gonzagarredi Montessori through customer service in the following ways:
Or by letter to the address below:
GAM Gonzagarredi Montessori Srl
Via Leone XIII, 7
46023 Gonzaga (MN)
You can download the conditions of sale in PDF format at this link.
Special conditions applicable only to consumers
The above general conditions do not affect the rights and actions recognized by the Legislative Decree 6.9.2005, n. 206 and subsequent amendments and additions (the "Consumer Code"), and in particular by the legislation on consumer rights in contracts (Chapter I of title III of part III of the Consumer Code - articles 45 et seq.) to consumers (pursuant to art. 3 of the Consumer Code), where consumers are intended as natural persons acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity possibly carried out.
In this sense, the special conditions indicated below are applied by GAM Gonzagarredi Montessori to consumers, integrating and / or replacing the general conditions:
Clauses 2 and 3 of the general conditions are fully replaced by the following clause: “Order procedure and conclusion of the contract”. The display of products and services on the Site window constitutes an invitation to explore; to purchase a product, it will be necessary to place an order according to the procedures indicated here. The order will be considered as a contractual proposal addressed to GAM Gonzagarredi Montessori, who reserves the right to accept or reject it. GAM Gonzagarredi Montessori will send the user an order confirmation via e-mail, summarizing all the particular and general conditions of the purchase. The sales contract will be considered perfected and concluded exclusively with the receipt by the user of the order confirmation sent by GAM Gonzagarredi Montessori.
With reference to clause 4 (Prices and payment methods) GAM Gonzagarredi Montessori specifies that consumers will always be able to view the price including VAT.
With reference to clause 6 (Guarantee), GAM Gonzagarredi Montessori specifies that the rules provided for the legal guarantee of conformity and commercial guarantees for consumer goods will be applied to the sale of products from the Site, including the Consumer Code (articles 128 et seq.).
Clause 10 (Jurisdiction) does not apply to relations with consumers. Customers resident in the European Union must be aware that the European Commission has set up an online platform which represents an alternative way to dispute resolutions. This platform can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services processed online. Consequently, the user who purchases as a consumer, can use this platform for the resolution of any dispute arising from the online contract entered with GAM Gonzagarredi Montessori. The platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
Right of withdrawal
GAM Gonzagarredi Montessori informs that, pursuant to and for the purposes of art. 49 of the Consumer Code, the consumer may withdraw from the contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the goods object of the order. In case of a contract relating to multiple goods ordered by the user in a single order and delivered separately, the indicated withdrawal period expires from the day the user or a third party, other than the carrier and designated by the user, acquires possession of the last purchased good.
To exercise the right of withdrawal, the user is required to inform GAM Gonzagarredi Montessori of his decision to withdraw from the contract by means of an explicit declaration (for example a letter sent by post, fax or e-mail), to be sent to: GAM Gonzagarredi Montessori Srl, Via Leone XIII, 7, 46023 Gonzaga (MN), e-mail: firstname.lastname@example.org.
To meet the withdrawal deadline, it is sufficient for the user to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired. Pursuant to art. 59 lett. i) of the Consumer Code, GAM Gonzagarredi Montessori reminds you that the right of withdrawal is excluded - and therefore not exercisable by the user - for the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery.
The right of withdrawal can only be exercised by consumers.
Effects of withdrawal
If the user withdraws from this contract, he will be reimbursed for all payments made to GAM Gonzagarredi Montessori, including delivery costs (with the exception of additional costs deriving from the user's choice of a type of delivery other than the least expensive offered by GAM Gonzagarredi Montessori), without undue delay and in any case no later than 14 days from the day GAM Gonzagarredi Montessori will be informed of the user's decision to withdraw from the contract. These refunds will be made using the same payment method used by the user for the initial transaction, unless the latter has expressly agreed otherwise; in any case, he will not have to incur any costs because of this reimbursement. The refund may be suspended until receipt of the goods or until the user demonstrates that he has returned the goods, whichever is the earlier.
The user is requested to return the goods or deliver them by courier or by post to GAM Gonzagarredi Montessori Srl, Via Capitano Alessio 109, 36027 Rosà (VI), without undue delay and in any case within 14 days from the day on which the user has communicated his withdrawal from the contract. The deadline is met if the user sends back the goods before the expiry of the 14-days period. The direct costs of returning the goods will be borne by the user. The user is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.