GENERAL CONDITIONS OF SALE
SALES TERMS AND CONDITIONS FOR ONLINE PURCHASES FROM THE GIBAMCOMPOSIT WEBSITE
Last update: March 2nd, 2023
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GENERAL NOTES
The present general conditions of sales (hereinafter the "General Conditions of Sales") are meant to govern all contractual relations between Gibam Shops S.p.a., whose registered office is at: Via VIII strada, 13 - 61032 Fano (PU) Italy; VAT code IT01357330412 (hereinafter "We", “Us”, “Gibam”), and it’s customers, (hereinafter "You", “Customers”, “Buyer”), when placing an order through the website gibamcomposit.com (Hereinafter the "Site").
The present General Conditions of Sales are applied to all sales of Gibam products and services (hereinafter the "Products", “Product”) appearing in our catalogues published on the Site.
The placing of an order through the Site implies your acceptance of this General Conditions of Sales. For this purpose, You confirm to accept all the General Conditions of Sales when You check the box "I accept" while placing your order. We shall have the right to modify at any time these General Conditions of Sales. We invite You to make a careful reading of the General Conditions of Sales with each new order made. The applicable General Conditions of Sales will be those in effect on the day of the order.
The General Conditions of Sales are accessible at any time on the Site and prevail over any other version or any other contradictory document.
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YOUR ORDER
The Products and services and the respective prices as shown in the Site do not constitute an offer to the public. Your “order” shall be deemed to be an offer to buy. No orders for any Products shall be binding for Gibam until accepted by Us by issuance of the Order Confirmation. Our Order Confirmation will be issued upon condition of our satisfactory verification of your fulfillment of your payment obligations under one of the payment methods selected by You when placing your Order. Gibam shall have the right to reject any order, at its own discretion, without any liability whatsoever for compensation or indemnification to You. The Order of the Products You select shall be made online through the order procedure available on the Site.
The Order procedure is completed correctly if the Site does not display any error messages (the system cannot detect errors in the data provided by You). The sale / purchase contract is deemed to have been entered into between You and Gibam at the time of issuance of our Order Confirmation; the Order Confirmation shall contain a summary of the selected Products, their respective prices (delivery charges shall be finally assessed only three days prior to delivery), the shipping address (if any), the order number.
Your identification:
You agree to provide Us with accurate and reliable information, thereby enabling Us to perform all of our contractual obligations. We shall have no liability under any applicable laws if the information concerning your identity provided by You is false or incomplete. In this context or in case of non-payment or any other irregularity of your account, We shall have the right to cancel your order and / or delete your user account. Your identification can be done directly after the selection of the Products or through your user account (hereinafter the "Account"). Opening an Account includes the input of two main data: an e-mail address and the selection of a password, that will also be your identification data, and the following minimum administrative data: company legal name, full legal address, VAT number. Your personal identifiers are personal and must be kept confidential. You may access the personal data You have provided to Us on request, in accordance with the provisions of the Personal Data section of the General Conditions of Sale.
Placement of your order:
Once the Products have been selected and your identification data have been filled in, You can then select your payment method.
A summary of your order will then be presented to You, and will include in particular the information relating to the Products, the prices and/or the terms of delivery. An order number will also be assigned to Your Order.
Cancellation of your order
You have right to cancel your order within 72 (seventy-two) hours from its submission by contacting our customer service by e-mail: customer.care@gibamcomposit.com or by phone: +39 0721 859933. If, at the time of cancellation, You had already paid the Products, we will refund to You the full amount paid.. After the time limit of 72 hours the order is no longer cancellable.
Payment of your order:
Payment of your Order shall be made by using one of the following methods:
Payment by credit card:
Accepted cards: PAYPAL, VISA, MASTERCARD or AMERICAN EXPRESS, by entering your banking data from the Site. All bank data entered are processed securely and are immediately encrypted. This information is only available to our online bank PayPal (Europe) S.à.r.l. At no time We can access your bank details. Your payments are debited and consequently tracked by our online bank PayPal (Europe) S.à.r.l. at the time of your order. Your offer to buy (your Order) will be accepted when the bank authorization of debit is given to us. A definitive confirmation will then be sent by e-mail to You, inclusive of all the elements related to your Order with our Order Confirmation. If we do not receive the payment settlement on or before ten (10) days from the date of your Order, we shall automatically consider the Order cancelled.
Payment by bank transfer on order:
Your offer to buy (your order) will be accepted when our bank will confirm to Us receipt of your payment. A definitive confirmation will then be sent by e-mail to You, inclusive of all the elements related to your Order with our Order Confirmation. If we do not receive the payment settlement on or before ten (10) days from your Order, we shall automatically consider the Order cancelled.
Payment by bank transfer in two or more installments on set dates after delivery: if we accept your offer to pay the Order in two or more installments the acceptance of your Order will occur by the issuance of our Order Confirmation sent to You by e-mail, inclusive of all the payment dates. If You fail to make any of the payments due to Gibam on due time and or within the time specified in our Order Confirmation We shall have the right to immediately terminate the sale / purchase agreement between You and Gibam and as a consequence to refuse any Product delivery.
You cannot withhold, suspend or omit payments due to the Supplier, not even when this happens in relation to claims concerning the goods supplied. Likewise, You cannot suspend or postpone payments when You collect the goods at a date different from the agreed one.
Product Delivery Time:
Time and/or date of delivery, to be considered always as “Ex-works our warehouse”, therefore net of shipping and transport times, even when You choose our suggested forwarder to organize the transport of the Products at the place of destination, that is indicated in our order confirmation, is always indicative and never binding.
In case of delay of delivery in comparison with the estimated time/date indicated in our Order Confirmation, we undertake to inform You about it as soon as possible. In the event that such a delivery delay could exceed 10 working days from the date indicated in our Order Confirmation You have the right to cancel your Order and we are committed to remit to You any sum already paid. You shall not have the right to early terminate the sale / purchase agreement in the event that the delivery delay is due to a Force Majeure event, in such case, time of delivery shall be extended for a period equal to the duration of the Force Majeure event. In no case we shall be liable to You for damages, special or consequential damages, demands, expenses, liabilities and losses of every kind, character and nature, asserted by You or any third party in connection with You and the sale/purchase of the Products, arising out of or resulting from any default of Gibam in performing the sale / purchase agreement.
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PRODUCT PRICES
The prices indicated on the Site (gross prices and net prices, the latter prices net of discounts applied to You in accordance to our system for discount calculation) and listed in your Order and in our Order Confirmation, are indicated net of any applicable VAT.
If You are a non-Italian legal entity of a EU (European Community) country: the invoice will show the prices, as expressed in your order and our confirmation, without the VAT being applied, it will be your responsibility to implement the “Intrastat” declarations and any other
legal procedure necessary to make the your purchase a VAT and fiscally correct operation, whenever required by the regulations of your country.
You are a legal entity of a non-EU (European Community) country: the invoice will show the prices, as expressed in your order and our confirmation, without any added VAT ,it will be your responsibility to implement the custom and legal procedure necessary to make your purchase a fiscally correct operation, as per the laws of your country.
Our Product prices do not include forwarding. Forwarding is considered an ancillary service and it will be priced separately in all our documents by following exactly the same invoicing rules set out above.
The price of Products not shown online can be provided to You for information purposes only. Should they vary from online prices at present date, online prices prevail in any event.
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PAYMENT OF YOUR ORDER
If You fail to make any of the payments due to Gibam on due time and or within the time specified in our Order Confirmation We shall have the right to immediately early terminate the sale / purchase agreement between You and Gibam and as a consequence to refuse any Product delivery.
In case of payments in two or more installments, We shall also have the right to ask for immediate payment of the balance due under the sale / purchase agreement.
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SAFETY OF YOUR PAYMENTS
In order to guarantee maximum security during orders, all payments by bank cards are secured by PayPal security system. For more informations: this page.
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DELIVERY OF YOUR ORDER
General informations
By “delivery” We mean the delivery of the Products ordered through the Site, Ex-works our delivery warehouse in Bellocchi di Fano (PU), Italy, as detailed below.
For all Ex-works delivery we do not take responsibility for transport delay, damages to the Product during transport and unloading.
The delivery will take place indicatively within the deadline indicated on the order confirmation sent to You. This date remains in any case indicative and not peremptory. Deliveries cannot be made on weekends and holidays. Delivery times run from the day we send You our confirmation: This means after the payment by credit card, or from the receipt of the bank transfer, in case of payment at order time, or from the date of Our Order Confirmation in case of deferred payments in two or more installments.
We undertake to implement all the means necessary to comply with the indicated delivery dates. Furthermore, in the event We are informed of a delay in delivery, We undertake to notify You as soon as possible.
If the delivery time exceeds fifteen (15) working days, You can cancel your order by e-mail at customer.care@gibamcomposit.com or by phone at +39 0721 859933. Your order will be refunded to You no later than thirty (30) days after receipt of the e-mail.
Packing
The standard packaging provided by us for all Product(s), is a cardboard box equipped with adequate protections made of expanded polymer when necessary. The cardboard boxes will always be positioned on wooden pallets (standard Euro pallets) and then wrapped in PVC stretch film. Products that require a safer packaging, i.e. all glass cabinets, will be packed in wooden crates also filled with adequate protections in expanded polymer.
When placing the order, You can require the adoption of wooden crates for all Products (instead of cardboard boxes when applicable): in such case We will add a proportional fee for the crates. The price increase will immediately appear on your order. We will be free to choose the most appropriate size of wooden crates so to minimize your transport cost.
Weight and volume
The weight and volume of the Products ordered, as indicated in your order and in our order confirmation, it refers to the actual weight and the maximum volume occupied by the Products and may not match the weight and volume of the Products when packed. The weight and total volume of packaged Products, as per our packaging standards or per your choice of wooden crates, will be available three days prior the indicative delivery date, in our Order Confirmation, on the user interface of our Site. In any case You can always contact our customer service to obtain this information: customer.care@gibamcomposit.com.
Collection of the Products
When the Products are ready to be collected or forwarded, their availability will be displayed in the tracking order section of your personal page of the Site. We will in any case send an e-mail to your preferred address to notify You that the Products are ready for collection or forwarding.
In case You have not chosen to make use of the Freight Forwarding service provided by our suggested forwarder, You can contact our delivery office by e-mail: delivery@gibamcomposit.com or Phone +39 0721 859933, to agree on the date and time of your collection.
Please be informed that the days and times for collection are: Monday to Friday from 8:00 am to 5:00 pm excluding holidays listed in the Italian civil calendar and any other day that we will notify as non-working days.
If You fail to collect the Products within 20 days from the notification of availability to collect, You will be charged a storage fee equal to 50 cents of Euro per day per cubic meter of Products in storage. The fee will be billed to You by invoice at the end of each month from the day of starting the calculation.
If, 90 days after the notification of availability to collect, You still have not made your collection, your order will be automatically cancelled. You will incur in a penalty, charged to You by separate invoice, equal to the exact price of the Products You ordered originally as per our order confirmation, and the amount You may have already paid will be retained by us in full or partial payment of such penalty.
Forwarding Service
If case You have chosen to make use of the Forwarding service operated by Rhenus Logistics valid for all EU countries with the exception of Italy, or of other forwarders in case of Italy only, You are informed that this service is subject to separate terms and conditions, namely Freight Forwarder General Conditions, that can be found at www.fedespedi.it. We invite You to read carefully the Freight Forwarder General Conditions, that You will be invited to accept every time You send the order including the forwarding service.
We remind You here that in respect of this service, pursuant to the mentioned Freight Forwarder General Conditions, We are the Shipper and You are the Principal.
The forwarding service can be executed only in EU (European Union) countries. The price of the service is guaranteed as calculated by our Site at the time of your order and confirmed in our order confirmation. The price is based on the data that You have supplied with regard to destination and additional services (if any). Whenever there will be significant differences between what You have stated at the time of the order about the destination of the Products and/or the unloading conditions, extra delivery costs may be charged to You through an additional invoice.
In no case Gibam shall be liable for transit damages, loss or shortage of Products due to transportation as delivery is always to be deemed to have taken place ex works even if You have selected and purchased the forwarding services of our suggested forwarders.
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PRODUCT WARRANTY
Subject to the conditions set out below, Gibam warrants that the Products shall correspond with their specifications at the time of the delivery and shall be free from the defects in material and workmanship for a period of 12 months from the date of delivery.
The above warranty is given by Us subject to the following conditions: Gibam shall be under no liability in respect of any defects in the Products arising from any drawing, design or specifications supplied by You in your Order, Gibam shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our instructions, misuse or alteration or repair of Products without our approval.
The above warranty does not extend to any electrical part or component of the Products.
Any claim based on supposed defects in the quality or conditions of the Products or their failure to correspond to their specification shall be notified to Gibam within 8 working days from the date of delivery to the final destination of the Products.
Whenever a valid claim in respect of any of the Products, based on a proven defect of quality or conditions of the Products or Failure to meet specifications is notified and adequately proved by You to Us in accordance with these conditions, Gibam shall be entitled to replace the Products or the defective part of them free of charge or, at Gibam sole discretion, refund to You the price of the Products or a proportionate part of it: in any case Gibam shall have no further liability to You.
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CUSTOMER SERVICE
Our telephone assistance is open 5 days a week (Monday to Friday from 8 am to 6 pm to give You all the necessary advice for the installation and use of your Products on +39 0721 859933.
We provide after-sales service for our Products. You are invited to contact us through our web page, by e-mail at the following address: customer.care@gibamcomposit.com, or by phone at the following number: +39 0721 859933.
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OFFICIAL LANGUAGE
The official language of these terms and conditions, as of any other document published on Site or Site page is English: any language other than English version is a translation made out of pure courtesy and has no validity in terms of its interpretation in case of dispute.
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APPLICABLE LAW AND COMPETENT TRIBUNAL
The General Conditions of Sales are subject as a whole to the Italian law. All disputes relating to the commercial relationship between You and Us are subject to the exclusive jurisdiction of the Italian court of Pesaro – Italy.