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CONDITIONS OF SALE

A) ORDER EVASION TIMES

"Order processing time" means the time interval between receipt of the order and delivery of the product to the courier.

What happens to your order a moment after you have purchased on www.gargiuloemalo.com:

1) DAY 0 (RECEIPT OF ORDER)

The back office fulfills orders received by 12:00. Otherwise they are processed the following day. The same applies to orders received on Saturday, Sunday or a public holiday: they will be processed on the first working day following that of the order itself.

For the available goods, the order is processed according to the chosen payment method, and in particular:

• if the payment method chosen is CASH ON DELIVERY: the order is processed on the same day;

• if the payment method is BANK TRANSFER: the order is processed at the time of displaying the credit of the order amount on the accounts of Gargiulo&Maiello Spa.

For cash on delivery, there is a surcharge of € 5.00 for orders up to €1,000 and 0.6% for orders over €1,000. For orders over 1.500€, the single payment method used by the Customer, remains the transfer.

The order is sent to our logistics not later than 1:00 PM

2) DAY 0 (PREPARATION, BILLING AND DELIVERY TO COURIER)

On the same day of the order, for the goods available in stock for all other orders in CASH DELIVERY, there is the preparation of the package, its billing, and the collection of the goods by the Courier forwarder. Withdrawal at 17:00 at our logistics, to which we sent the D.D.T. (Transport Document) containing the destination location and any notes inserted in the order (for example: delivery by appointment, delivery hours meals, delivery only in the morning, afternoon, office hours, etc. etc.).

 

DAY 1 (TRACKING NUMBER ASSIGNMENT)

The day following the withdrawal of the package, the courier forwarder assigns the shipment number (tracking number) and puts in departure the goods. The tracking number can be requested directly to the after-sales office by sending a request via email to the commercial address@gargiuloemaiello.com that will respond as soon as possible.

3) DAY 1-2 (DELIVERY OF GOODS)

For about 90%* of our shipments, the purchased products are delivered to the address indicated at the time of the order confirmation within just 24h from the taking over of the goods by the courier.

* Calabria, Sicily, Sardinia and more than 800 km away require 12/24 hours.

The cost of transport is calculated on the basis of the weight of the items ordered and will be displayed (along with any other ancillary services chosen by the Customer) in the summary page preceding the confirmation of the order itself.

The Gargiulo&Maiello Spa reserves the right, for commercial initiatives, to discount or zero the cost of the courier in some and exceptional circumstances. In case of deliveries to be carried out in c.d. "deprived zones" or "smaller islands" Gargiulo&Maiello Spa reserves the right to request an increase in transport costs compared to those normally applied. The list of "less-favoured areas" or "smaller islands" is available from the BRT Bartolini courier website.

Delivery times for purchased products may also vary depending on:

• of the article/s ordered by the Customer ((for example.: If the order goods is available in whole or in part);

• of the delivery methods chosen by the Customer (for example: on a fixed date or by appointment);

• of the place on the Italian territory (Calabria and islands, for example, may have a different delivery time independent of Our will);

• of the weather, due to difficulty of the courier in reaching certain zones in particular conditions, (for example: snow;

• reduced operation of couriers and suppliers during the summer period;

• congested or overloaded courier activity related to the approaching Christmas period;

• other unforeseeable circumstances.

The above times for delivery terms are only indicative estimates and are in no way binding for Gargiulo&Maiello Spa. By using the express courier service, delivery is expected in a time ranging from 1 to 5 working days from the time of order.

B) CONDITIONS OF DELIVERY

STANDARD DELIVERY TO:

The delivery takes place within 1-2 working days from the date of entrustment to the Courier .

In detail: The courier, delivery in 24/48 hours from when he picks up the goods at our logistics. Calabria, Sicily, Sardinia and localities more than 800 Km require 12/24 additional hours.

For Sardinia, Sicily and the smaller islands a surcharge could be applied on the cost of shipping. In the presence of deliveries to be made in deprived areas, Gargiulo&Maiello Spa reserves the right to request an increase in transport costs, despite any promotions that reset them.

In addition, the time-frame described above for the islands may vary depending on unpredictable factors such as adverse weather conditions, summer period etc.

1)  INSURED SHIPPING:

If available: this option allows you to secure the total amount of your order. We remind you that in order to activate the insurance you must accept the package with the words: ”specific control reserve”. Only so Gargiulo&Maiello Spa can have the certainty that an eventual damage has not been caused  after the delivery and to take revenge on the courier .

2) DELIVERY BY APPOINTMENT:

If available: this option allows you to be contacted by the courier to the phone number you will indicate in the order to be able to arrange the day and time  more convenient to you to receive the delivery.

C) TRANSPORT COST

The cost of transport depends on the weight, the volume of the package/s that the customer has purchased and the total spent on the products. Unless otherwise provided amounts to 30,00 € fixed for orders up to 500,00 €.

Over 500,00€ is equal to 2% of the cart for Italy peninsula and 3% for the islands. In case of shipments to deprived zones BRT (list CAP present on the site of the courier carrier) is previewed the increase of € 10,00.

As described above there are ancillary services (extra) such as secured shipping or delivery by appointment. For shipments to the extra-customs areas such as Livigno and Campione d'Italia, a surcharge is required, otherwise the order will be cancelled. In this regard, we advise Clients to contact us in advance through the contact forms on the website. Gargiulo&Maiello Spa reserves the right to charge transport costs (despite the possible presence of promotions that zero them) for extra-volume packages or for orders having for object quantities exceeding the normal domestic requirements. In the presence of deliveries to be made in deprived areas, Gargiulo&Maiello Spa reserves the right to request an increase in transport costs (despite the presence of any promotions that reset them). The transport costs are intended for deliveries to be made on the Italian national territory. Any promotional proposals that cancel the transport costs are intended exclusively for online orders to be delivered within the Italian territory. It is without prejudice to the possibility of requesting the Customer’s authorization to combine two or more orders (relating to two or more payment transactions) in a single shipment (by guaranteeing reimbursement of any excess transport costs incurred) while the possibility of splitting into several separate consignments of items purchased in a single payment transaction is precluded. Shipments and deliveries to be made in foreign countries will be evaluated ad hoc following the request for a commercial quote (product codes, quantities required, city and country of destination etc.) to be made at commercial mail@gargiuloemaiello.com. For foreign orders please note the restrictions on air transport of spray products in pressurised bottles as well as all other restrictions therefore it is advisable to expose every need to the staff on call to 800.081.518 or alternatively to use the contact forms.

Our “Cart” automatically recalculates the total of your order whenever you add or delete an extra option.

D) THE INVOICE

The invoice shall be inserted at the time of shipment into a transparent envelope which shall be applied on the outside or inside the package. The customer can, however, ask for a copy of it by filling in the appropriate online form or by sending a request via email to the following address: commerciale@gargiuloemaiello.com

The invoice must be kept with care, representing the document valid for the product warranty . We reserve the right, if no indication is given (at registration or later) to not process orders without electronic invoicing code.

 

E) THE REFUNDS

Any refunds in various ways necessary will be made by Gargiulo&Maiello Spa with the method of bank transfer (to the bank details obligatorily in the name of the holder of the order) if the customer has paid by bank transfer and/or cash on delivery. Refunds will be made, after having carried out all the necessary checks, within 14 working days at the latest.

In detail, the timing of the reimbursement is as follows:

  •   Reimbursements of orders for goods already shipped (waste of deliveries by courier, cancellations of goods in delivery and orders already shipped, unsuccessful deliveries, release of stocks with return etc. etc.) will be obligatory upon return of the goods to Our warehouses.

• The refunds of orders having instead for object still stopped in warehouse for orders still in management (voluntary cancellations, other cause) will be effected immediately at the time of cancellation of the order.

 

 

F) CUSTOMER VERIFICATION AND ACTIVATION

Gargiulo & maiello Spa in order to verify the veracity of the data provided during registration reserves the right to request to its Customers registered on www.gargiuloiello.com a CCIAA cameral documentation valid with the purpose of activating the Customer profile, ability to view the prices of sale and forwarding of orders online. The personal data provided will be processed by gargiulo & maiello Spa in full compliance with the Code and the current legislation in the field of privacy and in no case and to no title given to third parties.

G) HOW AN ORDER IS PROCESSED

Gargiuloemaiello.com in order to guarantee a fast and correct service to its customers, guarantees the reception and acceptance of purchase orders until 12:00 from Monday to Friday; orders received after that time, and those received on Saturdays, Sundays or other public holidays shall be deemed to have been received on the first working day following that of the order.

Gargiulo&Maiello Spa reserves the right to not accept orders made on www.gargiuloemalo.com that result, for amounts and quantities exceeding the normal requirements and/or exceeding the availability of warehouse, giving timely notice to the Customer. Are also to be considered as non-exhaustive, partially or totally, orders of products or fragrances, exceeding or not the normal requirements, whether or not subject to constraints (export or other) by the Manufacturers/Suppliers. The possibility of non-performance is contemplated for orders whose delivery is required in addresses not corresponding to those provided at the time of registration/forwarding of orders online or resulting from public  documents sent.

In addition, Gargiulo & Maiello Spa reserves the right not to take orders from customers who have not provided valid and correct documentation during the activation of the Customer profile. In the case of an order concerning a promotional activity at a particularly advantageous price for the customer we reserve the possibility to establish a minimum purchase order.

Any reduction in working time and/or interruption of sales services in particular periods of the year (e.g. summer months) which may result in longer delivery times will be adequately highlighted on our website, and it will be at the discretion of the Customer to proceed to the confirmation of the same according to any new timing indicated.

The shipment of the purchased products is intended exclusively within the national borders. Any shipment outside the national borders must be requested through the contact forms.

We will propose to the Customer the best commercial offer for the requested service (transport+products).

 

At the time of delivery of the goods the Customer is obliged to check:

• that the number of packages delivered corresponds to what is indicated and described in the transport document (D.D.T.)

• that the packaging is intact and not altered even in the closing tapes.

In case of tampering and/or breakage the Customer must immediately contest the shipment and/or the delivery with the inscription "RESERVE FOR DAMAGED PACKAGE" on the copy of the delivery document to be returned signed to the Courier or other operator. In the absence of such notification the Company will not be responsible for any complaints.

The Customer is obliged to report any damage within 7 (seven) days of receipt of the goods, by registered post, Advance by telephone at the toll-free number 800.081.518 operating from Monday to Friday between 9:30 and 13:00 and between 15:00 and 17:30. You also accept reports by fax or via the online form.

For each delivery order the Customer is obliged to specify a FIXED OR MOBILE PHONE RECAPIT to allow the courier to be contacted in case of difficulty in delivery or for any other need; in case the delivery does not go to good end for cause not attributable to Gargiulo&Maiello Spa or the Courier  for more than 5 consecutive days, the order will be deemed cancelled and the Customer will be charged the custody fees as quantified by the Courier .

H) GUARANTEES

The products are directly guaranteed by Gargiulo&Maiello Spa for 24 months from the date of the invoice; all other products are covered by the manufacturer’s warranty, in the forms and in the modalities provided by them. In particular, all products sold by Gargiulo&maiello.com are covered by the manufacturer’s conventional warranty and by 24-month warranty for defects of conformity, in accordance with DL 24/2002. In order to benefit from the warranty assistance, the Customer must keep the invoice (or the transport document) that he will receive by e-mail in PDF format. The conventional warranty of the manufacturer is provided in the way described in the documentation inside the packaging of the product. Please note that the 24-month warranty is reserved for the private consumer (natural person who buys the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a reference of VAT).

It is specified that Gargiulo&Maiello Spa cannot be held responsible in any case for the possible activity of assistance on the products: possible delays in the substitutions, and/or non-recognition of the defect as provided by Legislative Decree no. 24/2002, and/or any other hypothesis considered detrimental to the Customer, are to be attributed exclusively to the policies of the Producers.

In cases where the application of the warranties provides  product return, the goods must be returned by chellophane packaging in the original package, complete in all its parts (including packaging and any documentation and ancillary equipment, complete consumables, etc...); In order to limit damage to the original packaging, we recommend, where possible, to insert it in a second box; in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided.

All shipments of products shall be refused to the consignor at his own expense:

• used in whole or in part;

• Does not include original packaging, accessories and any manuals;

  •   Received with external packaging not suitable or inadequate and therefore damaged during transport: the Guarantee does not cover damage due to non-use of the original packaging and adequate external protective safety packaging not authorised.

Conventionally, any right of the Customer to compensation  as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property is excluded.

I) INSURANCE AND TRANSPORT

once the package has been received, it is necessary to check that the parcel of the courier is intact and not cut and/or tampered. Otherwise, the package is likely to have been opened during the shipment and the contents have been stolen. If you accept a parcel tampered, and if you did not choose the insurance at the time of purchase, there is no possibility of making a claim. So we repeat: before accepting the package, you must check the integrity of the package. In case of suspected tampering or missing part of them, you can accept the goods with specific reservation (state the reason) if the courier offers this possibility. We inform you that pursuant to DLGS 22/5/1999 n. 185, the goods travel at the risk of the recipient, so if the goods are not insured, Gargiulo&Maiello Spa is not liable for any theft or damage. For the sake of completeness of information, an extract from the decree-law regulating this subject, inviting the Customer to take a complete look at the legislation in question: EXTRACT OF THE DLGS 22/5/1999 n. 185 ON THE CONTRACTS CONCLUDED AT DISTANCE "The commercial relationships of sale are regulated by the present conditions of sale according to current Italian legislation. The Supplier carries out the shipments to the Customer with selected express couriers and the goods travels in free port with expenses and risks of transport at the full expense of the Customer. Such expenses and other charges, if any, related to the transport and/or shipment of the products shall be counted and detailed in the order confirmation and purchase invoice. Receipt the goods at the customer’s home, the Customer must verify the integrity of the packages. In case of discrepancies and/or non-conformities, the Customer shall refuse the package on penalty of forfeiture to assert his rights in this regard".

J) withdrawal right

Gargiulo&Maiello Spa recognizes the right of withdrawal according to Legislative Decree no. 206/2005.

The Customer is obliged to give notice within 14 working days from the date of delivery of the goods by registered letter with return receipt by fax or by the appropriate online form.

In addition to the willingness to use the right of withdrawal, it is essential to indicate in the same communication the details of a bank or postal account to carry out the re-credit of what is due (Full IBAN Code, CIN Code, ABI Code, CAB Code, Current Account Number, Account Holder). For the correct recognition of the right of withdrawal, we specify that:

  •              The product to be returned by the Customer must not have been used, must be stored in its original package, complete in all its parts (including packaging and any documentation and ancillary equipment, intact consumables, manuals, etc...); in order to limit damage to the original packaging, we recommend, where possible, to insert it in a second box; in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided;

• The product must be returned in the time and manner described above to the address that will be reported by Gargiulo&Maiello Spa.

• Delivery costs are always borne by the Customer.

Gargiulo&Maiello Spa reserves the control on the returned goods in order to estimate eventual damages or tampering not deriving from the transport.

All consignments of products used in whole or in part, not including packaging, accessories and any original manualists, shall be rejected by the consignor at his own expense, received with external packaging not suitable or inadequate and therefore damaged during transport.

Reimbursement shall cover all sums paid for the price of the product, excluding transport costs and bank costs, if any, incurred by the Customer, and will be made no later than 14 days after receipt of the registered order withdrawal, in accordance with the terms indicated in the refund section. If the user chooses to replace the product, the costs of sending the new product will be borne by him. Customized products, as provided by D. Lgs. 206/2005, cannot benefit from the right of withdrawal. Exclusively on digital printing products, enlargements and Posters, although considered by law custom products, Gargiulo&Maiello Spa does not intend to avail itself of the impossibility to request the right of withdrawal thus granting to all the Customers the money back (to use it in the same way as the right of withdrawal); in any case, in order to avoid possible confusion, this option will be adequately highlighted where granted.

K) USE OF THE WEB SITE AND RESPONSIBILITY

The Customer/User connects and uses the services offered by the Gargiulo&Maiello.com website at their own discretion and responsibility. Gargiulo&Maiello Spa may not in any case be held liable for any direct or indirect damages (financial, economic) suffered by users or third parties as a result of the connection to the web site, and/or the inability to access it, and/or the good or bad functioning of it.

In particular, Gargiulo&Maiello Spa is not liable for damages that could be caused by the presence of inaccurate content or errors, by the slowness or interruption of data transmission, the loss, disappearance or alteration of data, viruses, whatever their origin, the intrusion of third parties and, in general, the use of the web site or the inability to use it.

Gargiulo&Maiello Spa cannot be held liable in the event of a partial or total loss of data from its computer systems; the Customer/User is invited to always keep its own safeguard of the sent data.

The treated images will be deleted from your systems within 15 days of ordering. In case of loss or damage of the media containing the data, Gargiulo&Maiello Spa will only replace the support with a virgin product of equivalent quality.

The Customer/User is the only responsible for the communications and uploading of the data to the website he has carried out. The indication of links to other sites is made as a convenience for the Customer/user.

Gargiulo&Maiello Spa cannot be in any case the guarantor of the content of the aforementioned web sites and cannot in any case be held responsible in the case of complaints or direct or indirect damages caused, to a user or third parties, the content of those web sites.

L) APPLICABLE LAW

The sales contract between the Customer and Gargiulo&Maiello Spa is intended to be concluded in Italy and regulated by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this contract of sale at a distance, if the Customer is a consumer, the territorial competence is that of the reference court of its municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Naples.

M) SALES AGREEMENT

Gargiulo&Maiello Spa accepts orders with delivery to be made exclusively in the Italian territory.

After the conclusion of the purchase procedure and once the relative goods have been shipped, Gargiulo&Maiello Spa will issue an invoice. Gargiulo&Maiello Spa only enters in the above mentioned invoice the data supplied by the customer, already at the time of the order, specifying that no change will be allowed after the issue of the same invoice.

The customer can buy only the products, as from the electronic catalogue present on the site www.gargiuloiello.com existing at the time of the order. Gargiulo&Maiello Spa announces in this regard that the images and descriptions provided, not excluded and/or excepted, in support of the product data sheet displayed, they are not to be considered by the customer as complete and exhaustive of the features, but they can be different in color size and other, and therefore not representative of the product identified as the Suppliers often replace/modify the characteristics of the products in the grid without notice.

The customer declares to be aware that the wording "Available" of the displayed product is only indicative, where consideration is given to the possibility of multiple purchases that can take place simultaneously by multiple users and/or customers.

It follows that Gargiulo&Maiello Spa reserves the possibility, once received the order, to verify the actual availability of the goods eventually ordered and, in the absence, to promptly communicate the non-acceptance, partial or total, of the order sent, for the reason just signified.

For all that so far communicated and accepted by the customer no liability can be attributed, for various reasons, to Gargiulo&Maiello Spa. The correct receipt of the order is confirmed by Gargiulo&Maiello Spa by reply via e-mail, sent exclusively to the e-mail address communicated by the customer. This confirmation message will reproduce all the data entered by the customer who undertakes to verify its correctness and to communicate, no later than 2 days any subsequent corrections.

Only later the Gargiulo&Maiello Spa verified the actual availability of the asset as well as the accuracy of the customer data will send by e-mail the final acceptance of the contract, which, only from this moment on must be deemed to be concluded and concluded between the parties to all the legal effects.

By placing the order on the website www.gargiulo&Maiello.com, the customer declares that he has read the terms of sale, the proposed methods of payment as well as the entire purchase procedure and declares, and to accept them all without reservation and to have received full information about them.

In addition, with express reference to articles. 3 and 4 d.lgs. 185/89, the customer will receive, by e-mail, all the necessary indications for the identification of the seller that the customer is obliged, at his own expense, to keep together with the e-mail of acceptance of the contract. In the event that the customer should, for legitimate reasons, return the purchased products, he must arrange for the shipment in the established terms and exclusively at the headquarters of Gargiulo&Maiello Spa.

The required CCIAA views during the activation of the Customer and the personal data requested during the forwarding of orders are collected and processed in order to satisfy the Customer’s express requests and will not be in any case and for any reason sold to third parties. Gargiulo&Maiello Spa guarantees its Customers the respect of the law on the treatment of personal data, governed by the code of privacy of DL 196 of 30.06.03.

Data controller is Gargiulo & Maiello s.p.a - registered office via posillipo 69/30 80123 Naples.