1 - Introduction
The company SPERNANZONI S.r.l., with registered office in Via Gentile da Fabriano, 66 - Italy, VAT number 01581820436, is the owner of the trademarks, which it markets and distributes through authorized resellers and via the website www.ilgergo.it (hereinafter "Site "), which it owns.
These general conditions of sale (hereinafter General Conditions), govern the purchase of the products of the company Spernanzoni srl (hereinafter Products), carried out remotely by computer via the Site. These purchases are reserved for users of the Site who intend to use of the sales services of the Products (hereinafter Customers).
The Customer is required to inquire and read these General Conditions before completing the purchase on the Site. Such information, in fact, is to be understood as read, understood and fully accepted by the Customer at the time of placing a purchase order.
The Customer must therefore comply with these General Conditions and consider Spernanzoni srl exempt from any conditions other than those in force not agreed in advance in writing.
2 - Products
The Products available on the Site for online purchase are footwear and fashion accessories.
All Products are subject to current availability. Spernanzoni srl reserves the right to vary the limits on the quantities and/or types of goods that can be purchased on the Site at any time. The Customer will be informed if his order cannot be executed due to the unavailability of the ordered product.
3 - Prices
The prices of the Products are expressed on the Site in € (Euros) and include VAT. In countries where the transaction is not subject to VAT, the price will be displayed exclusive of taxes. Delivery costs are excluded, unless otherwise expressly indicated.
Spernanzoni srl constantly verifies that all the prices indicated on the Site are correct, however this cannot guarantee the absence of errors.
In the event that an error is found in the price of a product, Spernanzoni srl will give the Customer the option of reconfirming the purchase of the Products at the correct price or canceling it.
4 - Promotions
Spernanzoni srl reserves the right to create special conditions of sale or promotions on the Products on its Site. The conditions applied to the promotions will be governed from time to time by Spernanzoni srl through specific communications to its Customers. Unless otherwise regulated, these General Conditions will be deemed applicable.
5 - Registration
To complete a purchase on the Site you must be registered. The procedure for registering on the Site requires filling in an electronic form, the fields of which must be filled in with the Customer's personal data and e-mail address. These data will be treated in accordance with current privacy protection legislation. Following registration, the Customer will be the owner of a personal account which he can access using his own username and password.
The assignment of these credentials guarantees the Customer an anonymous identification. It will be the Customer's responsibility not to disclose his password to third parties for any reason.
The Customer will be held responsible for any irregular actions and behaviors and in contrast with the regulations in force or with these General Conditions committed by anyone who uses the personal account on his behalf. The Customer is required to promptly notify Spernanzoni srl of any theft, misplacement or loss of the password, as well as any incorrect use by third parties of the account or of its password of which he has become aware.
6 - Method of purchase
The essential characteristics and prices of the Products are shown in the offer relating to each individual Product on the Site.
Orders can be made after registering and creating a personal customer account, as per the previous paragraphs, by following the steps and instructions specified on the Site itself.
7 - Conclusion of the contract
The display of the Products on the Site does not constitute a contractual proposal from Spernanzoni, but a mere invitation to propose. The order sent by the Customer, by clicking on the button called "conclude order" in the "Proceed to Purchase" ("Order") section constitutes a purchase contract proposal. After receiving the Order from the Customer, Spernanzoni will send a communication via e-mail to the address indicated by the Customer, confirming receipt of the Order and specifying the details of the Order itself ("Order Receipt Confirmation" ). This Order Receipt Confirmation does not constitute acceptance of the Customer's Order, but has the sole purpose of informing the Customer that Spernanzoni has correctly received the Order. The sales contract between the Customer and Spernanzoni is concluded only when Spernanzoni informs the Customer by e-mail that the Order has been accepted and that the Product has been shipped ("Shipping Confirmation").
8 - Terms of payment
The Customer may pay the price of the Products and the relative delivery costs by credit card, Paypal and bank transfer.
Spernanzoni srl accepts payments made by credit card.
In order to prevent fraud on the Internet, the payment made through the Site is managed online by the bank concerned through the tools offered by the Master Card circuit.
This company is responsible for storing and automatically processing the information relating to each order, including financial information, in a secure environment
All financial information, such as credit card number, expiration date, etc., are managed directly by the Master Card circuit, which guarantees the security of online transactions. Spernanzoni srl never gets to know the details of the credit card and is therefore unable to file or keep them in any way.
The transaction will be charged to the Customer's credit card only after the credit card details have been verified, after the debit authorization has been received from the company issuing the credit card used by the Customer, after the availability of the Product by Spernanzoni srl and therefore after the order is ready to be processed.
No charge will be made when the order is sent.
Spernanzoni srl accepts payments through the Paypal circuit.
9 - Shipping and taxes
Spernanzoni srl ships with the DDP formula (Delivery Duty Paid) in EU countries, therefore in these destinations the goods will arrive directly to the place indicated without having to pay anything other than the amount paid at the time of the order. For all other countries, the DDU (Delivery Duty Unpaid) formula is used, so the courier may present a separate invoice with which he requests the payment of the duties and taxes required by the local authorities.
In the event that the shipping address of the goods is in a country belonging to the European Community, the goods are subject to VAT (22%); in the event that the shipping address of the goods is in a country NOT part of the European Community, pursuant to Art. 8, ch. 1, lit. a) - 21 - 23, Presidential Decree no. 633/1972, the goods are not subject to VAT. Transport costs, customs duties and any further customs clearance charges are the responsibility of the customer, also for the return.
10 - Transport and delivery
For the delivery of his purchases, the Customer can choose his residence or domicile, workplace, or the private address of a natural person of his choice. For security reasons, no deliveries will be made to post office boxes and the order will not be processed.
For each order placed on the Site, Spernanzoni srl issues a receipt for the goods shipped, sending it to the holder of the order, pursuant to D.P.R. 445/2000 and Legislative Decree 52/2004. For the issuance of the receipt, the information provided by the Customer at the time of the order is valid. No change in the receipt will be possible after the issuance of the same.
Delivery costs are charged to the customer and are clearly indicated on the order form. They may vary according to the chosen shipping method and the place of destination of the Products.
For the delivery of the goods, the presence of the Customer or his representative is required at the recipient's address indicated in the order. Upon delivery of the goods by the Courier, the Customer is required to check: (i) that the number of packages delivered corresponds to what is indicated in the transport document (DDT); (ii) that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials.
Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately notified, placing a written control reserve on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered.
If Spernanzoni srl is unable to deliver the ordered goods following the unavailability, even temporary, of the Products, it will promptly notify the Customer, and in any case no later than 10 (ten) days, by e-mail. The amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty) days from receipt of the purchase order.
11 - Number of shipping
Spernanzoni srl will send the Customer a confirmation e-mail once the Products have been shipped.
In order to guarantee the safety of the delivery of the Product, Spernanzoni srl will keep the shipment number of each delivery made.
12 – Returns, right of withdrawal and cancellation of orders
How can I return an item?
Fill out the return form and place it inside the box. The product must not be used, damaged or washed. The return shipping cost is charged to the customer. Send to the following address:
Via Gentile da Fabriano, 66
62010 Morrovalle (Mc) Italy
What is the deadline for returns?
The deadline for any return is 14 calendar days from the delivery date.
Do I have to pay the refund?
Yes, the return costs and customs duties, also for the return, are at your expense.
Do I have to pay customs duties for an order outside the European community?
Transport costs, customs duties and any further customs clearance charges are the responsibility of the customer, also for the return.
How will I receive the amount related to my refund?
Once the return has been approved, you will receive the amount by bank transfer to your bank account. You will then have to communicate your bank details including IBAN and Swift by e-mail.
What is the right of withdrawal?
The "right of withdrawal" is established by the provisions of Legislative Decree n. 185 of 22/05/1999, dictated in the matter of distance contracts, as they are concluded outside the commercial premises. Purchases on GERGO.IT are subject to this discipline, which allows the consumer the right to withdraw from the contract. Based on the right of withdrawal, the consumer can withdraw from the contract within 10 working days from receipt of the goods.
Can I exercise the right of withdrawal and return an item that does not correspond to my needs?
If you have purchased an item and, despite it corresponding to the technical characteristics described, upon delivery you realize that it does not correspond to your needs, you can exercise the RIGHT OF WITHDRAWAL. You will thus be able - within 10 working days of receiving the goods - to return the item to ILGERGO.IT, which will reimburse you for the purchase price. Contact Customer Service, who will authorize the return.
How long does it take for the transfer to be made for the return?
The seller must return the payment within 14 days of receiving news of the buyer's intention to withdraw from the contract, without prejudice to the right to withhold the refund until he has received the goods or documentary proof of their shipment by the buyer. Any refund is calculated and quantified on the basis of the consumer's responsibility in the event of deterioration, use and/or for any cause not attributable to the seller. Within 30 working days of receipt of the goods, GERGO.IT will credit the customer with the amount corresponding to the value of the goods resulting from the invoice. The above amount does not include shipping costs (in accordance with article 5, paragraph 6, Legislative Decree no. 185 of 05/22/1999).
Warning: ILGERGO.IT reserves the right not to accept shipments of components or products which: - do not contain original packaging, accessories and manuals; - have been made without having activated the request for intervention to the ILGERGO.IT Customer Service; - have been made without following the sending methods indicated by ILGERGO.IT Customer Service. In these cases, the transport costs relating to the return will be charged to the customer.
When will I receive the amount for my refund?
Once the return has been approved (the items must be in perfect condition and with internal labels) you will receive an e-mail message to confirm that the amount will be paid into your account within a few days. Don't forget that the refund times to your credit card depend on your bank.
What should I do if the refunded amount is incorrect?
Just contact our customer service and we will solve the problem for you as soon as possible.
Il Gergo.it reserves the right to refuse returns communicated or sent after the pre-established period or items that do not present the same conditions of receipt.
13 – Liability for defects
Where the Customer deems that the Product does not comply with the Contract or is affected by defects, he must promptly notify it by email or fax.
It will return the Product only if authorized by Spernanzoni.
Spernanzoni will examine the disputed Product and notify the Customer via e-mail whether or not he is entitled to a refund of the price or replacement of the Product. Any refund will cover the purchase price paid by the Customer and any return costs to Spernanzoni. The refund or replacement will take place within 30 (thirty) days of receipt of all bank details (including swift code for foreign customers) to be paid by the Customer.
Spernanzoni is not responsible for defects in the Products that have been caused by delivery made by third parties.
Spernanzoni is not responsible for damages resulting from improper use of the Product, alteration of the same, normal wear and tear or negligence in the care of the Product itself.
14 - Errors and inaccuracies
Spernanzoni srl aims to provide constantly updated information on the Site.
However, it is not possible to guarantee that the Site is completely free from any errors. The Site could contain typing errors, errors, inaccuracies or omissions, some of which could refer to the price and availability of the Product and to the information sheet of the Product itself.
Spernanzoni srl reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also reserves the right to change or update information at any time without prior notice.
15 - Guarantee of authenticity
Spernanzoni srl guarantees the authenticity of all Products purchased on the Site. Spernanzoni Products are made entirely in Italy with top quality materials. All intellectual property rights such as trademarks, service marks, shape marks and copyrights are the exclusive property of Spernanzoni srl. No page or content of this Site may be reproduced without prior and express written authorisation. All contents published on the site www.ilgergo.it including texts, documents, logos, images, graphics, videos, their arrangement and their adaptations are subject to intellectual property laws and protected by copyright. It is not permitted to copy, alter, translate, distribute, use, archive, publish these contents on other sites without prior written authorization from Spernanzoni. Any content and contributions made by third parties are marked as such. The downloading, viewing and printing of the contents of this website is permitted for personal use only and excludes the user from having any right or claim on such material. The brand, "Il Gergo" is a registered trademark owned by Spernanzoni S.r.l. Spernanzoni uses the “Il Gergo” brand as the company ID with which it presents itself to the market.
16 - Modification of the general conditions
These General Conditions are governed by Italian law, including the Consumer Code and the law on E-Commerce pursuant to Legislative Decree 9 April 2003, n. 70.
Spernanzoni srl reserves the right to modify these General Conditions of Sale at any time. Any changes, modifications, cancellations or additions will take effect immediately after their communication through notes published on the Site.
Once the communication has been given, any access and use of the Spernanzoni srl services by the Customer is to be understood as complete acceptance of the changes that have taken place.
This contract is understood to be concluded in Italy and will be governed by Italian law. For any dispute relating to the conclusion, validity, interpretation or execution of the same contract, if the customer is a consumer, the territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located in the territory of the State. In all other cases, the territorial jurisdiction is exclusively that of the Court of Macerata.
PERSONAL DATA PROCESSING
Spernanzoni Srl pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired even verbally in reference to the commercial relationships established, provided directly by the interested parties, or otherwise acquired in the context of the company's activity, will be processed in compliance with the aforementioned legislation , including the confidentiality obligations envisaged by these.
EXPRESS TERMINATION CLAUSE:
In the event of total or partial non-payment of the purchase price of the asset, Spernanzoni Srl reserves the right to declare pursuant to and by effect of art. 1456 of the civil code terminated this contract by sending a written communication to the customer's e-mail address.
17 - Contacts
For further information and assistance on the Site or on online purchase methods, please contact us at the following e-mail address: firstname.lastname@example.org or at the address below:
Via Gentile da Fabriano, 66
62010 Morrovalle (MC), Italy