General conditions of sale
a) the offer and sale of products on the www.gamaprofessional.com site (the Site) are regulated by the following conditions of sale<;
b) When the Customer is a Consumer in accordance with Italian Legislative Decree 206/2005 (Consumer Code) the purchase operations are regulated also by the provisions provided for by the same Code;
c) products purchased on the Site are sold by GA.MA SRL Unipersonale, Company subject to management and coordination of Duna Enterprise S.L. and registered in the Bologna Register of Businesses at no. REA (Economic and Administrative Index) BO410794, VAT no. 02066481207, Fully paid-up share capital € 1.129.000,00, with registered office in San Pietro in Casale, Via Sant’Alberto 1714, postal code 40018, [email protected];
d) by the term “Company” we indicate GA.MA S.R.L. Unipersonale;
e) the term “Customer” refers to the purchaser of goods or products purchased on the Site;
f) by “contract” we mean the contract between the parties for the sale and purchase of goods, as per terms and conditions;
g) by the term “goods” or “product” we mean any item purchased on the Site;
1) Acceptance of the conditions of sale
1.1 the contract for the purchase of goods is concluded directly through access to the Site and according to the procedure provided for therein.
1.2 These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined “on line” by the customer before completing the sales procedure.
1.3 The customer, by telematically sending his/her purchase order, accepts the general conditions of sale, without exception.
2) Sales prices and how to purchase
2.1 All sales prices of the products displayed in the Site include VAT and all other taxes;
2.2 The total cost of shipping and transport to the destination indicated by the Customer is at GA.MA srl’s expense, with the exception of purchases less than € 130.00; for this type of purchase the shipping cost is calculated on a lump sum basis at € 10.00, but GA.MA Srl reserves the right to change the shipping and transport cost, depending on the carrier used;
2.3 The cost of the customs clearance taxes and customs duties for “EXTRA-EU” exports or exports to “Community territories with a favourable tax regime” will be completely at the expense of the Consumer. For further information please contact your local customs office;
2.4 The total cost of shipping and transport will be indicated and displayed before completion of the order, if less than € 130.00;
2.5 The customer may pay for the ordered goods using the “online” payment methods at the time of purchase; the online payment must be made using the following payment systems:
- by means of credit card, prepaid and rechargeable cards of the VISA, MASTERCARD, MAESTRO, AMERICAN EXPRESS circuits;
- by means of PayPal, (http://www.paypal.it/it);
- by means of MyBank to pay by wire transfer coming from banks other than Unicredit Bank
2.6 The delivery will not be made until GA.MA SRL has received confirmation that the payment has actually been made and accounted for by the Company;
2.7 Once the order has been received and evaluated, GA.MA S.r.l. will send the order confirmation to the Customer by e-mail as soon as possible or they will inform the Customer that it has not been accepted.
3) Delivery method
3.1 GA.MA SRL will fulfill confirmed orders within 24 working hours from the sending of the confirmation, but the actual delivery terms will depend on the carrier, subject to art. 54 of the Consumer Code, if applicable.
3.2 The customer must verify, at the time of receipt, the compliance of the product delivered with the order made and that the received package is intact, undamaged and dry; the Customer must also verify that the number of parcels (number of packages) indicated on the DELIVERY NOTE corresponds to the number of parcels actually delivered. Only after this verification, and subject to the right of withdrawal provided for by Italian Legislative Decree 205/06, the customer must sign the delivery documents.
3.3 The Customer must communicate any damage sustained by the goods during transport within 2 days from receipt of the same, or write “subject to verification” at the time of signature of receipt to the courier.
4) Correctness of the Customer’s data and order confirmations
4.1 the Customer guarantees that all the information communicated online at the time the goods were ordered is correct, precise and complete and that such information is relative to the Customer and/or to the person who issues the order and not to third parties;
4.2 In the same way, in the registration procedure necessary to activate the process for executing this contract and in additional communications, the Customer is obligated to enter his/her personal data and e-mail address and not false data or data pertaining to third parties;
4.3 At the time of placing the order, the confirmation of the company that authorises the payment by credit card does not constitute acceptance of the order by the Company, which reserves the right to check any discrepancies and/or inaccuracies; therefore, the order will be confirmed only at the outcome of this check;
4.4 GA.MA srl reserves the right to cancel the confirmation of the received order in the event that it is the result of a processing error due to technical reasons and/or failures, or to other causes not attributable to the Company;
5) Responsibility and privacy
5.1 GA.MA SRL assumes no responsibility for disservices attributable to force majeure such as, for the sake of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that could prevent, in whole or in part, implementing the contract within the agreed times;
5.2 GA.MA SRL shall not be liable to any party or to third parties with regard to damage, losses and costs suffered following the lack of implementation of the contract due to the above-mentioned causes, as the customer only has the right - in case of dissolution of the contract - to reiumbursement of the amount paid;
5.3 Likewise, the Company is not responsible for any fraudulent and illegal use that might be done by third parties, of credit cards, cheques and other means of payment, at the time of the payment of the products purchased on the Site, as at no time during the purchase procedure is the Company able to know the customer’s credit card number, which is transmitted directly to the banking service manager through a secure connection;
5.4 GA.MA SRL., pursuant to and in accordance with art. 13 of Italian Legislative Decree no. 196 of 30/06/2003 (Privacy Code) which has implemented Directive 95/46/EU, for consumer protection with regard to distance contracts, and by Directive 97/7/EC as implemented by Italian Legislative Decree no. 185 of 22 May 1999 informs the customer of the following. The customer’s personal data will be processed for (i) purposes functional to the fulfilment of fiscal, accounting and legal obligations and purposes of contract and customer management (supply of products and accessories, support service, replacement, repair, management and administration of customers, orders, shipments, invoices, solvency check and litigation management) and (ii) purposes connected with the commercial activity (mail order transactions, marketing and advertising, market analyses and surveys, promotional activities, customer satisfaction surveys, competitions, contests and events, prize competitions and similar, statistical analyses). The data will be processed, even through the creation and management of a central archive, with paper, electronic and telematic media to which specialised and authorised staff have access. The conferment of the personal data essential for compliance with the law and/or to establish and/or continue the contractual relationship is mandatory, in the sense that without it, it will not be possible to establish and/or carry out this relationship. The conferment of the other personal data is optional and generally serves to provide a better service to customers; the possible refusal to confer such data will not have negative consequences for the customer;
5.5 The personal data concerning the customer may be communicated to parent companies and subsidiaries and/or to companies connected to GA.MA SRL for the same purposes set out above or to external subjects who provide specialised services in: 1) software, hardware, telematic and computer system management; ii) data processing and storage activities; (iii) activities regarding printing, transmission, putting into envelopes, transport and sorting of communications to customers; (iv) financing, credit recovery and financial risk detection services. The customer can always exercise the rights provided for by article 7 of the Italian Privacy Code. The Data Controller is Pasquale Barillà, Via Sant’Alberto 1714, 40018 San Pietro in Casale (BO).
5.6 The customer, by telematically sending his/her purchase order, acknowledges the mentioned Privacy Code and agrees to the processing of the personal data provided.
6) Warranty and support
6.1 GA.MA SRL. only markets products that comply with the highest quality levels and standards;
6.2 All products sold on the Site are covered by the warranty against manufacturing defects for 24 months from the date of purchase;
6.3 Any extensions of the terms of the warranty are subject to the manufacturer’s discretion;
6.4 The terms of the warranty do not apply to products that have been tampered with, used incorrectly or subjected to repairs by personnel not authorised in writing by the manufacturer or by GA.MA SRL; the regulations are consultable on the site in the support area;
6.5 All breakage due to incompetence, bumps or improper use of the goods by the Customer are excluded from the warranty;
6.6 Defects caused by negligence, various kinds of incompetence, improper use of the product, mistreatment, deterioration caused by lightening, atmospheric phenomena, overvoltages and overcurrents, bumps, lacerations and anything else not attributable to defects caused by manufacturing processes are excluded from the warranty;
6.7 The components subject to wear are not covered by the warranty.
6.8 To have the right to the warranty you must duly keep the documentation received at the time of purchase of the product.
6.9 The standard warranty for all the products we market for private use is valid for 24 months in compliance with European Directive 1999/44/EC. The professional warranty concerns products used in beauty salons and for any other professional purpose. In this case limited periods may be envisaged. Refer to the manual found inside the package to discover the duration of the warranty period of each product.
7) Right of withdrawal
7.1 GA.MA SRL., pursuant to and in accordance with art. 64 of Italian Legislative Decree 205/2006, ensures the Customer who is the Consumer the right of withdrawal, guaranteeing the right to return the received product in accordance with the terms and conditions represented below:
7.2 The Customer who for any reason is not satisfied with the purchase made has the right to withdraw from the stipulated contract - without any penalty or obligation to specify the reasons for the withdrawal - within 14 days from receipt of the goods. To exercise the right of withdrawal the customer must fill out the return form found in the Support Area of the Site with his/her data;
7.3 When the withdrawal option has been exercised, the Customer shall be obligated to return the goods within the maximum period of 14 days effective from the date of delivery of the goods by means of direct redelivery or shipping to the following address: GA.MA SRL Via Sant’Alberto 1714, San Pietro in Casale 40018 (BO). All costs for returning the goods are at the customer's expense; the goods must be redelivered intact and in the same condition in which they were received, with the original packing and any instruction manuals and/or booklets that are part of the package. If this does not occur, GA.MA will deduct the shortfall from the financial reimbursement.
7.4 If the Customer has exercised his/her right to withdrawal in compliance with the described procedure, GA.MA SRL will reimburse the amount paid by the customer to purchase the goods within 14 days.
7.5 Returning the goods: the consumer may also return deteriorated goods, but he/she is responsible for the decrease in value of the same. .
8.1 All contractual communications sent by the Customer to the Company, including any claims, must be sent by registered letter with return receipt requested to the address San Pietro in Casale, Via Sant’Alberto 1714, postal code 40018 and disclosed in advance by e-mail to the address [email protected] All communications pertaining to the Contract shall be sent by GA.MA to the Customer, by e-mail, to the address indicated at the time of registration.
9) Applicable law and court of jurisdiction
9.1 These General Conditions are drawn up in Italian and governed by Italian law. Any controversies pertaining to the subject of these General Conditions, including their interpretation and execution, shall be referred to the exclusive jurisdiction of the Court of Bologna, unless the Customer is a Consumer, in which case the judge of the latter’s place of residence or domicile shall be competent.