Terms and Conditions
The products used on www.giadabenincasa.com are sold directly by GIADA BENINCASA Srl, a company under Italian law, with legal headquarters giadabenincasasrl@legalmail.it.
The offer and sale of products on www.giadabenincasa.com are governed by the following General Sales Conditions. The General Sales Conditions may be periodically updated; those published on www.giadabenincasa.com at the time of checkout are considered effective and binding.
Please read the sales conditions carefully before proceeding with the purchase.
These conditions govern purchases made on the site www.giadabenincasa.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 regarding electronic commerce.
Accessing and using this site presupposes reading, knowledge, and acceptance of these General Sales Conditions.
The sale and/or distribution of products purchased on www.giadabenincasa.com is strictly prohibited and will be prosecuted under the law.
SUBJECT OF THE CONTRACT
With these general sales conditions, GIADABENINCASA Srl sells and purchases at a distance the tangible movable goods indicated and offered for sale on the site www.giadabenincasa.com. The contract is concluded exclusively through the Internet, by the Customer accessing the address www.giadabenincasa.com and creating a purchase order according to the procedure provided by the site itself.
The Customer agrees to review these general sales conditions, particularly the pre-contractual information provided by GIADABENINCASA Srl, before proceeding to confirm their order.
In the order confirmation email, the Customer will also receive the link to download and store a copy of these general sales conditions, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
PURCHASES ON THE SITE
The purchase of Products on the site is allowed exclusively to individuals who qualify as consumers, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity they may carry out.
The user is allowed to purchase multiple products with the same order (multiple order). Finally, GIADABENINCASA Srl reserves the right to refuse or cancel orders coming from:
I. a user with whom there is an ongoing legal dispute;
II. a user who has previously violated the conditions and/or terms of the purchase contract
III. a user who has been involved in any type of fraud and, in particular, in fraud related to credit card payments;
IV. users who have provided false, incomplete, or otherwise inaccurate identifying data GIADABENINCASA Srl reserves the right to evaluate the acceptance of the received orders in any case. GIADABENINCASA Srl will communicate to the Customer via email any possible inability to accept the received orders.
a) Purchase methods
The purchase of products on the site can take place:
▪ after free registration on the site www.giadabenincasa.com.
To register on the site, the user must fill out the appropriate form by entering their first name, last name, shipping address, email address, and a password of their choice, which will allow them to access the site www.giadabenincasa.com. Registration on the site will be confirmed to the user via a specific email. Please remember to read the Privacy Policy and the General Terms of Sale carefully. Registration on the site allows the user to: access information related to orders and returns, track the status of the order. The user guarantees that the personal data provided during the registration process on the Site and/or at any other time during their relationship with GIADABENINCASA Srl is complete and truthful and agrees to keep GIADABENINCASA Srl indemnified and held harmless from any damage, possibly suffered even by third parties, compensation obligations and/or sanctions arising from and/or in any way connected to the user's violation of the rules on site registration or the retention of registration credentials. Registration on the site and/or purchase through the site constitutes acceptance of these General Terms of Sale.
▪ as a guest, alternatively to registering on the site
In this case, the data required to complete the order will be stored in the site's database only for the time necessary to fulfill the order, and the user will be required to enter the same data for each new order. To complete the purchase, the user, in the 'cart' section, must also enter the shipping address and the necessary payment details. The selected products and the entered data can be modified until the final order is submitted.
b) Order
To proceed with the purchase of products, the user must submit their purchase order and make the payment, following the procedures indicated in the dedicated sections. For each selected product, a descriptive sheet is displayed, with the image and essential characteristics to illustrate the goods themselves: the color, the size, the unit price.
The user can select one or more products they intend to purchase by placing them in a virtual "cart". The content of the "cart" can always be viewed by the user before proceeding with the order. Furthermore, by accessing the "cart", the user will be able to know, before the purchase and payment, all the information related to the purchase of the products, including shipping costs and expected delivery times.
GIADA BENINCASA Srl is committed to describing and presenting the items sold on the site in the best possible way. However, the images and colors of the products offered for sale on www.giadabenincasa.com may not correspond to the real ones due to the Internet browser and/or the monitor used: GIADABENINCASA Srl disclaims any responsibility for any inaccuracies due to a particular computer configuration or malfunction.
The photographs of the products presented on the site do not constitute a contractual element, as they are to be considered only representative.
For further information about the products, contact Customer Service at the email address: info@giadabenincasa.com.
PRODUCT AVAILABILITY
The products offered for sale and the related price are those indicated on www.giadabenincasa.com. The availability of the products must still be considered purely indicative as:
the products may be sold to other users before the order confirmation, due to the simultaneous presence on the site of multiple users;
a computer anomaly may occur that makes a product available for purchase that is actually not.
If at the time of the order the products are not available, the corresponding size is not displayed. As for out of stock // sold out products, they will remain on the site for only two weeks.
If, due to simultaneous purchases by multiple Customers, the ordered product(s) is/are no longer available, the Customer will be immediately informed via e-mail of the order cancellation.
The Customer will also be informed of the methods and timing of the refund of any amounts paid. This also applies in the case of a multiple order if all the products subject to the multiple order are not available or only some of them are, and in that case the refund will only concern the unavailable products. GIADABENINCASA Srl may change at any time and without notice the products offered for sale on www.giadabenincasa.com and the related price.
PRICES
The price of each item is expressed in Euro: taxes included (VAT), shipping costs excluded for countries in the European Union; taxes excluded (NO VAT), shipping costs excluded for countries outside the European Union. Any customs duties are not included in the purchase price.
GIADABENINCASA Srl reserves the right to change the price of the products at any time, without notice, provided that the price charged to the user will be that indicated on the site at the time of order submission and that any changes (increases or decreases) after the transmission of the same will be excluded.
In case of a computer, manual, technical, or any other error that may result in a substantial change, not foreseen by GIADABENINCASA Srl or otherwise visible on the site www.giadabenincasa.com, of the public sale price that makes it exorbitant or clearly ridiculous, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded.
PAYMENT TERMS
Payment for products purchased on the site can be made: with CREDIT CARD: at the time of purchase, the customer enters their credit card details into a secure electronic banking system provided by Stripe. For more information, visit the site www.stripe.com. Purchases can be made via Visa, Mastercard, American Express. All transactions are processed through a secure server, which guarantees users of www.giadabenincasa.com maximum data protection. Customer Service operators of the site www.giadabenincasa.com are not authorized in any way to request or accept credit card numbers and/or details about its validity. In order to ensure greater protection for purchases made in the e-commerce sector, it advises its customers to join the Verified By Visa or Mastercard Securecode services, requesting the activation of the 3D secure service from their bank. If the existing funds are sufficient for the purchase and the provided bank details are valid, the transaction will be processed instantly. The charge on the credit card used will occur at the time of purchase. In the event that the payment is not confirmed, the contract will be deemed resolved by law pursuant to and for the effects of art. 1456 of the Civil Code. 1456 of the Civil Code The resolution of the contract, of which the user will be notified via e-mail, will result in the cancellation of the order. via BANK TRANSFER: During the payment phase, in "payment method", choose the "bank transfer" option and complete the order. The bank details and order number will be sent via automatic confirmation email. Please transfer the total amount immediately after placing the order to the bank details indicated in the order confirmation. Any bank and transfer fees will be borne by the customer. The order will be shipped immediately after receiving the credit to our bank account. The amount of returns will be refunded by deposit to the bank account used for the payment of the order.
After 5 working days without receiving any payment, the contract will be considered legally terminated pursuant to and for the effects of art. The termination of the contract, of which the user will be notified by email, will result in the cancellation of the order and the return of the amount due in case of any credits subsequent to that deadline.
The product (or products) will be shipped at the time of the actual credit of the bank transfer to the current account and as soon as the goods are available in our warehouse.
This payment method is active for all EU countries, therefore please check its availability in the cart at the time of purchase.
SHIPPING METHODS
GIADABENINCASA Srl will ship the products only after verifying the actual credit of the payment due from the user. The risk of loss or damage to the products for reasons not attributable to GIADABENINCASA Srl transfers to the user at the moment when the latter, or a third party designated by him and different from the carrier, physically takes possession of the products.
Information on shipping methods and costs is provided at the time of purchase, before making the payment. Shipping costs are borne by the customer and are charged to the credit/debit card at the time of purchase.
All purchases with an address in Italy are delivered by DHL courier. Shipments to P.O. boxes are not made.
SHIPPING TIMES:
Delivery times vary from destination to destination and are subject to the courier's procedures:
ITALY: 2-3 working days
EUROPE: 2-3 working days
REST OF THE WORLD: 2-4 working days
After shipment, it is not possible to change the destination address.
Delivery is usually made from Monday to Friday from 8 AM to 5 PM.
All shipments are traceable through the courier's portal using the vehicle number linked to the order.
At the time of delivery of the goods, the customer is invited to check the package to verify that there are no signs of tampering. The customer can accept the shipment with reservation or refuse it, simultaneously opening a complaint in the manner required by the courier and promptly reporting the incident to GIADABENINCASA Srl.
Customs and security checks are clearly distinguishable by the application of additional specific seals depending on the authority that carried out the check.
At the time of the order, the customer establishes a commercial relationship with GIADABENINCASA Srl, and failure to deliver due to carelessness in filling in their details (destination address or recipient's phone number) or refusal to collect without a justified reason will result in a refund that is to be borne by the customer; such expenses will be deducted from the refund due.
SHIPPING COSTS
Italy: The shipping cost is €5 for an order under 100€. Free for an order over 100€
European countries: The shipping cost is €10 for an order under 150€. Free for an order over 150€
These amounts are valid for the following countries: the member countries of the European Union, such as Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.
America: The shipping cost is €20 for an order under 300€. Free for an order over 100€
South Korea, Hong Kong: The shipping cost is €20 for an order under 300€. Free for an order over 300€
Japan: The shipping cost is €20 for an order under 300€. Free for an order over 300€
Rest of the world: The shipping cost is €20 for an order under 300€. Free for an order over 300€
All customs duties are the responsibility of the customer.
The shipper requires the recipient's signature "for receipt" at the time of delivery. Orders placed from Friday to Sunday will be processed the following Monday.
Once the items have been shipped, it is no longer possible to change the destination address.
RECEIPT OF GOODS
The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the products to the user. To ensure the security of the shipment, the shipper requires the recipient's signature at the time of delivery; if this is not possible, the goods will not be delivered.
The user acknowledges that the collection of the product is a specific obligation arising from the purchase contract. It is the user's responsibility to verify the condition of the product that has been delivered to them. It is understood that the risk of loss or damage to the products, for reasons not attributable to GIADABENINCASA Srl, transfers to the user at the moment when the user themselves, or a third party designated by them and different from the carrier, physically takes possession of the products. If, at the time of delivery, the external appearance of the packaging shows imperfections, the customer must open the packaging in the presence of the carrier. It is advisable to check the goods at the time of delivery and verify that the quantity of products delivered corresponds to what was ordered, that the packaging is intact, undamaged, or otherwise unaltered. Any anomalies must be reported in writing on the courier's delivery note.
Any delivery problems must be promptly reported to our Customer Service by sending a written communication to the following address: info@giadabenincasa.com .
RETURNS AND EXCHANGES
If, after purchasing a product and its receipt by the user, the latter, for any reason, is not satisfied with their purchase, unworn items can be returned for size/color exchange or refund within 14 days from the date of receipt of the goods. The exchange and/or return of the product will be possible under the conditions indicated below:
1) Items can be returned within 14 days from the date of receipt of the goods;
2) Before handing the Products to the courier for return, the Customer must follow the procedure indicated below:
- Registered customer: will need to access their account on the Site after authenticating with username and password. In the "Your Orders" section, they will find the list of Orders placed, then by selecting the Order related to the Products, select the product they wish to return.
- Unregistered customer: will need to access the "Order Status" section that they will find in the email received once the purchase is completed. Once logged in, they can check the status of their order. Always through the same screen, they can proceed with the return request.
The customer will receive an email with all the instructions and the label to make the return.
The return shipping is at the customer's expense.
The address you will find on the shipping label will be as follows:
Festa Trasporti & Logistica srl
Via Levate, 62
25018 Montichiari (BS)
3) Each item must be returned with all labels and tags attached, and with all original packaging and accessories (dust bags, hangers, etc.) and original accessories (dust bags, hangers, garment covers, etc.) received with the order;
4) Returns must be sent inside the original box, which must be well sealed with adhesive tape.
LEGAL WARRANTY OF CONFORMITY
All products sold on the site are covered by the Legal Warranty of Conformity provided for by articles 128-135 of Legislative Decree no. 206/2005 ("Consumer Code").
The Legal Warranty is reserved for consumers. Therefore, it only applies to users who have made a purchase on the site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.
In case of receiving defective products or products that do not conform to the orders placed, the Customer has the right to restore the product's conformity free of charge through repair or replacement. The Customer can exercise this right if the defect appears within two years from the delivery of the goods and reports the defect to GIADABENINCASA Srl within two months of discovery.
In the case of a duly reported conformity defect within the terms, the user has the right:
I. primarily, to the free repair or replacement of the good, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
II. alternatively (i.e., in the event that repair or replacement is impossible or excessively burdensome or the repair or replacement has not been carried out within a reasonable time or the previously carried out repair or replacement has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at their choice.
The refund, including shipping costs in the case of a defective product at the origin, is made to the same credit or debit card used by the Customer for payment.
The replacement product will be sent to the Customer via courier at no additional shipping cost.
In the event that a product purchased on www.giadabenincasa.it, during the validity period of the Legal Warranty, shows what could be a conformity defect, the user can contact Customer Service, at the contacts indicated in art. 12. 12. Customer Service will promptly respond to the communication, indicating to the user the next steps they must take.
The Product for which the user complains of the conformity defect must be sent to GIADABENINCASA Srl, which will verify the existence or not of the reported defect, at the following address:
Festa Trasporti & Logistica srl
Via Levate, 62
25018 Montichiari (BS)
GIADABENINCASA Srl, in the case of a defective or non-compliant product, will arrange, at its own expense, for the collection of the product, subject to the availability of the Customer.
GIADABENINCASA Srl reserves the right to request the user to attach to their request the purchase invoice and/or the delivery note or other document proving the date.
LIMITATION OF LIABILITY
GIADABENINCASA Srl assumes no responsibility for disruptions due to force majeure or unforeseen events, even if dependent on malfunctions and disruptions of the internet network, in the event that it is unable to execute the order within the timeframes specified in the contract.
Although GIADABENINCASA Srl has taken all possible precautions to ensure the security of personal data, it should be noted that the transmission of data over the Internet is never completely secure and that any information disseminated online, including that for the payment of the product purchase, may be collected and used by parties other than those to whom it was directed.
GIADABENINCASA Srl, therefore, declines any responsibility for any collection and/or use, even fraudulent, that may be carried out by third parties, of the data of customers and/or users of the site www.giadabenincasa.it.
APPLICABLE LAW AND JURISDICTION
These General Sales Conditions are subject to Italian law.
For any dispute relating to the application, execution and interpretation of these General Sales Conditions, the court of the place where the user resides or has elected domicile, if located in the territory of the State, shall have jurisdiction.
In any case, or if the Customer has submitted a complaint directly to GIADABENINCASA Srl, following which it was not possible to resolve the dispute that arose, and without prejudice to the consumer user's right to appeal to the competent ordinary judge. It is possible to optionally resort to mediation and extrajudicial dispute resolution procedures arising from the interpretation and execution of these sales conditions by accessing the following site: https://webgate.ec.europa.eu/odr
CUSTOMER SERVICE AND COMPLAINTS
It is possible to request information, send communications, request assistance or submit complaints by contacting the Customer Service of GIADABENINCASA Srl ("Customer Service") in the following ways:
via e-mail, at the address info@giadabenincasa.com
ACCESS TO THE SITE
The site www.giadabenincasa.it is managed by GIADABENINCASA Srl; the user has the right to access it to consult and make purchases.
GIADABENINCASA Srl may update the General Sales Conditions at any time.
By using the site www.giadabenincasa.com you accept the General Sales Conditions, as published on the site, which can be consulted at any time simply by clicking on "Sales Conditions."
The user is informed that GIADABENINCASA Srl has adopted appropriate security measures to protect the data and personal information provided from unauthorized access or use.
Bank data is not registered or stored on www.giadabenincasa.com but is stored in a secure database of the bank used by GIADABENINCASA Srl and appears on the transaction page solely for the purpose of the commercial transaction.
Intellectual property
All content of the site www.giadabenincasa.it (designs, illustrations, photographs, texts, graphics, descriptions, trademarks, images, videos) is the exclusive property of GIADABENINCASA Srl or licensed to it.
It is forbidden to reproduce, distribute, publish, disseminate, copy, modify or sell by any means, partially or totally, the content of the site www.giadabenincasa.it.
It is possible to print the material only for personal and non-commercial use.