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Conditions of sale

 

How to purchase

Welcome to our website, www.gomitolis.it. Access to and utilisation of our site are activities regulated by the present General Terms of Use. The access and use of this website as well as the purchase of the products on our e-commerce shop, imply the reading, knowledge and acceptance of these General Terms of Use.

Terms of use

- The offer and sale of products on the www.gomitolis.it site are regulated by the following General Terms of Use

- The items for sale are produced by Filati Biagioli Modesto SpA recorded in the Business Register of Pistoia, n. 00509010476, P. IVA 00509010476, based in Via A.Gramsci 155 – 51037 Montale (PT) – Italy.

- The purchase transactions are regulated, moreover, by the dispositions of decree of Law n. 206 of 06.09.2005 (Consumer code) according to provisions of which:

I) by “contract of on-line sale” we refer to a distance contract, that is a juristic act having as the object goods and/or the stipulated services between a professional, in this istance Filati Biagioli Modesto Spa, through the online service of www.gomitolis.it, and a consumer, as part of distance sales system organized by a professional whom, for such contract, employs solely the distance communication technology known as Internet;
II) by “professional” we refer to a physical or legal person who acts within the management of his/her own entrepreneurial or professional activity, or his intermediary;
III) by “consumer” we refer to the physical person of age, who acts for a purpose unrelated to the entrepreneurial or professional activity which they engage in.


Acceptance of the general terms of sale

- All contracts shall be concluded directly by access to the internet site corresponding to the address www.gomitolis.it, where the client may conclude the contract for the purchase of the goods and/or products desired by carefully following the steps and procedures provided for.

- The access to and utilisation of the Site, as well as the purchase of any product and/or service on the Site, are activities which imply the reading, knowledge and acceptance of these Conditions.

- The general sale conditions may be updated or modified at any moment by Filati Biagioli Modesto Spa who will see to communicating this through the pages of the website. The client commits to and is obliged to see to the printing and conservation.

- The client, with the electronic data transmission of their own purchase order, unconditionally accepts and is obliged to observe, in his connections with Filati Biagioli Modesto Spa, the general terms of sale, including the conditions of payment specified forthwith, declaring that they have studied and accepted all the indications provided.

- No modifications may be adopted and Filati Biagioli Modesto Spa does not consider itself to be bound by differing general tems, unless they are specified in this present section

Pricing and conditions of purchase

- All the sale prices of products displayed and indicated on the www.gomitolis.it Website which constitute a public offering pursuant to Article 1336 c.c., are comprehensive of VAT and any other tax which concerns sale.

- The total cost of shipping and transport shall be clearly indicated and visualized before the completion of purchase.

- Minimum purchase is two balls of yarn.

- The contract of sale shall be completed by means of the precise compilation and consent to the purchase manifested through the consent given “online”, subject to the successful conclusion of payment.

- The client may pay for the goods ordered utilizing without fail the terms of payment indicated “online” on purchase and differing payments shall not be accepted.


Shipping and delivery of the products

- The Company shall see to delivering to its own trusted courier, and with this completing the delivery, the products which have been selected and ordered so that they may be conveyed to the client, to the specified address.

- The Company shall see to dispatch the orders transmitted within 5 working days and in any case the goods purchased shall be delivered by the terms pursuant to Article 54 of decree of Law 205/06, within 30 days to be reckoned from the day subsequent to the one in which the consumer has transmitted the order to the professional.
No responsibility may be attributed to Filati Biagioli Modesto Spa for a delayed or unsuccessful delivery ascribable to acts of God or unforeseeable circumstance.

- The client must verify, on receipt, the conformity of the product which has been delivered with the order made; only after such verification, and excepting the right of recess provided for, the client must sign the documents confirming receipt of package.

By compiling the personal information during the registration procedure necessary to activate on his behalf the procedure for the execution of this present contract and any relative communications, the consumer and/or client authorises Filati Biagioli Modesto Spa to communicate the non-private personal information (place of residence, phone number) to trusted couriers and/or shipping clerks utilised for the delivery of the purchased goods in order to allow the necessary procedures to their delivery.


Products available for sale

- The client may purchase the products displayed in the e-catalogue prepared by Filati Biagioli Modesto Spa in the quantities proposed in stock at the time of purchase. In the event that the product purchased by the client on www.gomitolis.it should prove to be out of stock and not available in a different way by the professional within the terms of which Article 54 of decree of Law 205/06 Filati Biagioli Modesto Spa commits to (upon written communication pursuant to Article 54 of decree of Law 205/06, comma II) reimburse by bank transfer, as soon as possible (and in any case within the 30 day time limit) the costs disbursed for the payment of the supply.


Responsibility

- Filati Biagioli Modesto Spa does not undertake any responsibility for inefficiencies imputable to acts of God which, to exemplify, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which may prevent, in whole or in part, to execute within the time frames agreed upon in the contract.

- Filati Biagioli Modesto Spa shall not be responsible towards any parties or third parties with regard to damages, losses and costs suffered following the failed execution of the contract for the above-mentioned reasons, the client being entitled only to the reimbursement of the price paid.

- Similarly, Filati Biagioli Modest Spa is not responsible for any fraudulent and illicit use which may be done by third parties, by credit cards, cheques and other means of payment, on payment of the purchased products. Indeed, at no time is Filati Biagioli Modesto Spa able to know the credit card number of the client which, having opened a protected connection, is directly transmitted to the administrator of the banking service.


Warranties and assistance procedures

- Filati Biagioli Modesto Spa produces and sells high-quality knitting products; however, should the ordered products prove to be defective it is the consumer’s duty to submit a written report (by e-mail) detailing the defect within ten days of the discovery, under penalty of forfeiture.

- In order to request substitution, the consumer must make the appropriate complaint following the above-described procedure and Filati Biagioli Modesto Spa upon unavoidable communication of the code, may authorize the return of the product for verification purposes. The risks relative to the transport of the goods are chargeable to the sender. Shipments sent by “carriage forward” unless they have been previously agreed upon with the seller. In the case that the reported defect is verified Filati Biagioli Modesto Spa shall see to execute, in an adequate time limit, the agreed upon remedy as well as the crediting of the delivery charges. Filati Biagioli Modesto Spa shall reserve the faculty of charging the client with any expenses borne for the inspection of the product and the new shipping of the same, should it prove intact and void of the defects and flaws reported, contrary to what was declared by the client.

- To facilitate the above-mentioned operations the client must request the return of the product contacting the Filati Biagioli Modesto Spa Customer Service by e-mail or by phone. E-mail address: info@gomitolis.it, telephone +39 0574 27446 .

Duties of the client

- The client commits and binds himself to, once the purchasing procedure has been concluded online, see to the printing and conservation of the present general terms, which, moreover, he will have already studied and accepted as an obligatory step in the purchase, as well as the specifics of the product which is the object of the purchase, and this with the end to satisfy completely the conditions of which Articles 52 and 53 of decree of Law 205/06;

- Persons under the age of 18 are ABSOLUTELY forbidden from completing an online order.

- It is strictly forbidden for the client to insert false and/or fictitious or imaginary data, in the registration procedure necessary to activate, on his behalf, the procedure for the execution of this present contract and any relative communications; the personal details, the address, the phone number and the e-mail must be exclusively the clients’ own real personal details and not of third parties, or imaginary.

- It is strictly forbidden enter third party data. Filati Biagioli Modesto Spa reserves the right to legally sue any violation and abuse, in the interest of and for the safeguarding of the consumers as a whole.

- The client exempts Filati Biagioli Modesto Spa from any responsibility derived from the issuing of incorrect fiscal documents relating to the data provided by the client, being that he is solely responsible for their correct insertion.

Right to cancel and complaints

- Pursuant to Article 64 of decree of Law 205/06 the consumer may exercise the right to cancel and return the product received, with respect to the terms and procedures forthwith indicated.

- If, for any reason, the consumer does not deem himself satisfied with the purchase made he has the right to cancel from the stipulated contract, within 10 days from invoice date.

- Should you wish to exercise the right to cancel, the final consumer must make the request for return by sending an e-mail to the following address: info@gomitolis.it confirming their desire to cancel. After which he must return the product by direct restitution or shipping to Customer Service located in Via S. Giorgio 29, 59100 Prato (PO) – Italy by express courier. Costs and terms of restitution of the products are chargeable to the customer. The items must be returned and be received at the Customer Service intact and in the same state in which they were received, in the original packaging and wrappers with the product data intact and every other material which is part of the packet.

- In the event that all the consumers’ conditions and obligations, contained in the previous points, have been fulfilled, Filati Biagioli Modesto Spa shall see to the reimbursement of the purchase price of the purchased item by direct re-crediting on the card utilized for payment, within 30 working days from the date of receipt of the goods by our logistics.

- The consumer who wishes to make a change of colour may place a new order.

- In the event of returns due to errors on the part of the Company (non-standard product / colour etc…) forwarding an e-mail to the address info@gomitolit.it will suffice, indicating number of invoice / items which one would like to return and briefly stating your request. In this case the Company shall reply as soon as possible providing the steps necessary to the resolution of the problem.

Terms of payment

- By compiling the appropriate space, present on the website of the payment banking system, the consumer and/or client authorizes Filati Biagioli Modesto Spa to utilize his own credit card and to charge on his own bank account, in favour of Filati Biagioli Modesto Spa, the total sum pointed out as the cost of the online purchase.
All transactions are verified and managed by Banca Sella, a lending institution which is a leader in the world with regards to online transactions. At the time of confirmation of the order, one must only select the option relating to payment with credit card to be directly transferred on the safe server of Banca Sella.

The following cards are accepted: VISA, MASTERCARD.
Payments made by rechargeable credit cards operating within the VISA ELECTRON circuit are also accepted.

- In the event that the consumer avails himself of the right to cancel, as provided for by the present contractual conditions, the sum to be reimbursed shall be credited directly to the credit card or, should there be problems relating to the system or Internet, by bank transfer.

Express termination clause

- Filati Biagioli Modesto Spa has the power to cancel the stipulated contract, giving simple communication to the consumer and/or client with adequate and justifiable motivations; in this event the client shall only have the right to the restitution of any sum already paid.

- The obligations undertaken by the client in the present conditions (OBBLIGATIONS OF THE CLIENT) let alone the guarantee of a successful payment which the client performs with the means of which TERMS OF PAYMENT, acknowledging said obligations as essential, so that by express agreement, the non-fulfillment, by the client, of only one of said obligations shall cause the cancellation of the contract pursuant to Article 1456 c.c., without the necessity of a judicial pronouncement, without prejudice to the right of Filati Biagioli Modesto Spa to take legal action with regards to compensation.

Jurisdiction

- Any dispute relative to the application, execution, interpretation and violation of the contracts of purchase stipulated online through the www.gomitolis.it website is subordinate to Italian Law; the present general terms relate to the Laws provided for by the Civil Code, in addition to the decree of Law 205/06.

- For any controversy between the parties with regard to this present contract the authorized tribunal shall be the one in whose district the consumers’ domicile is located; for all other controversies shall be exclusive competence of the Tribunal of Pistoia – Italy.