GENERAL CONDITIONS OF SALE
Art. 1 Subject
1.1. These general conditions of sale (hereinafter also GCS) apply to the online purchase of Products (hereinafter Products or Product) marketed through the e-commerce site www.canyaman.it (hereinafter the Site) by users qualifying as consumers pursuant to article 2.2 below.
1.2. The Site is owned and managed by Gorilla srl (hereinafter also the Supplier) with a registered office in Rome, Via Giuseppe Mercalli 13 and registered with the Rome Chamber of Commerce under no. 16213181007 in the Register of Companies tax code 16213181007 and VAT number 16213181007.
1.3. In order to make purchases through the Site, the user must be of legal age, be able to act and qualify as a consumer (hereinafter also Buyer or Buyers).
1.4. The Supplier invites the Buyer to carefully read these GCS and to print and / or save them on a permanent and accessible medium.
Art. 2 Definitions
2.1. The term “contract” means the sales contract with which the Supplier, upon payment of the price, transfers the ownership of the Products to the Buyer in the context of a remote sales system through telematic tools organized by the Supplier and regulated by these GCS.
2.2. The term “Buyer” means the consumer who is an individual who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
Art. 3 Methods of stipulating the contract and conclusion
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet, through the access of the Buyer to the address www.canyaman.it, selecting the Products by adding them to the cart and completing the following procedure:
a) The Buyer, following the instructions, enters the data required for the purchase and after having made the payment and accepted these GCS, places the order by clicking on the appropriate button that allows the transmission of the electronically completed form to the Supplier. The order summary web page is printable and shows the details of the person who made the order and the order itself, the price of the purchased Product, the shipping costs and any additional charges, the methods and terms of payment, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal.
b) When the Supplier receives the order from the Buyer, a printable email confirmation and order summary is sent, which also contains the data referred to in the previous point.
3.2. Each order sent by the Buyer implies acceptance of these GCS. The GCS therefore constitutes an integral and essential part of the sales contract and must be reviewed online by the Buyer before completing the purchase procedure. The submission of the order therefore means complete knowledge and full and explicit acceptance of both the General Conditions of Sale and of what is indicated in the same order.
After placing the order, the Buyer will not be able to modify and / or cancel it.
3.3. The contract stipulated between the Supplier and the Buyer is concluded exclusively with the acceptance of the order by the Supplier.
3.4. The Supplier reserves the right, at its sole discretion, to refuse the order if:
a) there are insufficient guarantees of solvency of the payment or in case of default payment or partial payment of any sum owed by the Buyer, in the event of problems with payment, or in the case of fraud or attempted fraud related to the use of the Site, also with reference to previous orders;
b) the orders are incomplete or incorrect (for example in the case of an error in the information provided by the Buyer in relation to: payment card number, expiration date, card security code, billing address, incomplete shipping address, etc.);
c) the Products are no longer available;
d) it is clear that, in relation to the content of the order itself (price and quantity), there has been a recognizable error or a situation that is clearly in conflict with the will of the Supplier and the Buyer to proceed with the purchase order (for example, the purchase of a Product at a clearly non-market price, a large quantity of which added to the virtual shopping cart of the same Product that has been reported by the Buyer as an error);
3.5. In the cases referred to in the previous art. 3.4., The Buyer will be informed by email that the contract has not been completed and that the Supplier has not confirmed the purchase order specifying the reasons. In the event that the Buyer has already paid the price of the Products, the Supplier will make a refund within 14 (fourteen) days.
Art. 4 Amendments to these GCS
4.1 The Supplier reserves the right to modify these GCS at any time, at its own discretion, without the need to give any notice to the Buyers. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded after that date.
Art. 5 Payment and reimbursement rules
5.1. Payment is made in advance at the time of the Order by the Buyer by:
a) Stripe. The Buyer will proceed with the payment directly from the site, choosing the methods (credit or debit card, Apple Pay, Google Pay, Giropay, Sofort, etc.) b) PayPal. If the Buyer has a PayPal account, this payment method can be chosen. In this case, the Buyer will be redirected to the PayPal site to proceed with the payment.
5.2. The Buyer guarantees the Supplier the necessary authorization to use the payment method chosen when placing the order.
5.3. All orders are payable in euros, including taxes and compulsory contributions. Any bank charges will be charged exclusively to the Buyer (even in the event of a refund).
5.4 Any refund to the Buyer will be prompt and in any case no later than 30 (thirty) days, credited to the same payment method chosen by the Buyer or with a different method proposed by the Supplier and expressly accepted by the Buyer.
5.5. All communication relating to payments take place on a dedicated Supplier line protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Art. 6 Delivery times, methods and costs
6.1. The Supplier will deliver the selected and ordered Products, in the manner chosen by the Buyer or indicated on the website at the time of the Product offer, as confirmed in the order confirmation email.
6.2. The shipment of the products will take place within 14 (fourteen) working days from the confirmation of the order referred to in the previous art. 3.1 lett. b) or, in the case of a presale, within the range of delivery dates indicated on the Site. In the event that the Supplier is unable to ship within these deadlines, the Buyer will be promptly notified by email.
6.3. The Products are shipped and delivered to the courier intact and without defects. Any liability of the Supplier for any delay or damage by fault of the carrier is excluded. It is up to the Buyer to check the conformity and integrity of the Products shipped upon receipt, that the package has not been damaged, is wet or otherwise altered during packing. In this case, the Buyer is required to indicate any reservations and observations on the delivery note and to communicate them immediately to the Supplier. In the absence of reservations raised by the Buyer, the Supplier will assume the Products were delivered intact.
6.4. The Buyer acknowledges that in case of refusal or non-delivery of the Products at fault of the Buyer (such as incorrect address and / or telephone number of the recipient, repeated absence of the recipient, etc.) the Supplier may retain the Products and charge the Buyer an amount corresponding to the shipping costs of the Products and costs of their return. The Buyer will then be reimbursed only for the price paid for the Products.
6.5. Should the Products be delivered to a country outside the European Union, the total price indicated in the order, including indirect taxes (where applicable), is net of any customs duties and any other sales tax that the Buyer undertakes to pay, if due, in addition to the price indicated in the order in accordance with the provisions of the law of the country in which the Products are delivered. The Buyer is invited to obtain information from the relevant bodies of their country of residence or of the Product destination country, on any duties or taxes applied in their country of residence or Product destination country.
Art. 7 Prices
7.1. All sales prices of the Products displayed and indicated on the Site are expressed in euros and include VAT. The prices of the Products do not include shipping costs, which will be calculated and indicated to the Buyer at the time of the order, in addition to the price of the Products, and will be displayed in the order summary before the confirmation request. Shipping costs vary depending on the address indicated for the delivery of the Products and the shipping method selected by the Buyer.
7.2. The sales prices displayed on the Site refer only to the Products sold online as they may differ from the retail prices applied locally and can be changed at any time and without notice.
7.3 In the event that errors or inaccuracies in the prices and shipping costs indicated on the Site should occur, the Buyer will be contacted by email and will be able to decide whether to confirm the order with the correct price or shipping cost or request a cancellation with consequent reimbursement of the entire amount paid.
Art. 8 Products, availability and variations
8.1. The Products are illustrated on the Site and described in the relevant information sheets; the image accompanying a Product may not be perfectly representative of its characteristics, and may differ in colour, size and ancillary Products. The Supplier will not be responsible in case of insubstantial differences between the purchased goods and their illustrative images and text descriptions published on our site.
8.2. The availability of the Products must be considered purely indicative because, due to the simultaneous presence of multiple users on the Site, the Products could be sold to others before the order is confirmed. If an order exceeds the quantity existing in the warehouse, the Supplier will notify the Buyer by email if the Product is no longer available or what the waiting times are to obtain the chosen product, thus asking whether to confirm the order or not.
8.3. The Supplier will not be in any way responsible for the temporary or definitive non-availability of one or more Products. In the event of non-availability, even temporarily, of the Products, the Supplier undertakes to promptly notify the Buyer regarding the waiting times to obtain the chosen Product, asking for confirmation of the order. In case of non-confirmation, the Supplier undertakes not to charge the corresponding price or, if it has already been paid, to reimburse it.
8.4. The prices of the Products and / or their characteristics may be subject to change without notice. These changes operate only for orders not yet confirmed at the date of the change itself. In any case, before sending the purchase order, the Buyer is invited to check the final sale price.
Art. 9 Limitation of liability
9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure or to third parties, for failure to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Buyer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside its own control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for causes beyond its control, as the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment for the payment of the Products purchased, if it demonstrates that all possible precautions have been adopted.
9.5. The Supplier denies all responsibility for direct and indirect damage, whether foreseeable or not, consequent and / or connected to the Buyer’s use of the Site. In the event that the Supplier is held liable due to an injury suffered by the Buyer and attributable solely to the transmission of an order, this liability will be limited to the amount of the order paid by the Buyer to the Supplier.
9.6. The Buyer declares to have full capacity to act and enter into a contract for the purchase of the Products on the Website on the basis of these General Conditions of Sale. The Supplier may in no case be required to verify the ability of visitors and Buyers of the Website to proceed. In the event that a person who does not have the necessary capacity to act, as in the case of a minor, places an Order on the website, without prejudice to the responsibility of their parents or legal guardians for this Order and the related payment, the Supplier may refuse to accept the Order.
Art. 10 Legal guarantee of conformity
10.1. The Supplier is responsible for any lack of conformity of the Products with respect to the contract, pursuant to the provisions of Directive (EU) 2019/771 and the specific legislation of each individual Member State.
10.2. The duration of the guarantee is 2 years from the time of delivery of the Product and will be valid provided that the following conditions are respected:
• the defect appears within 24 months from the date of delivery of the Products;
• the Buyer presents a formal complaint by certified email regarding the defects within a maximum time frame of 2 months from the date on which the defect was noted, indicating the defect and / or non-conformity found, attaching at least one photograph of the Product and the copy of the order sent by the Supplier.
10.3. Following receipt of the complaint and related documentation, the Supplier will evaluate the defects and nonconformities reported by the Buyer and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Buyer with a reply, containing the instructions for making the return, by email to the address provided by the Buyer during the registration process on the Site or when making the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Supplier has authorized the return must be returned by the Buyer within 30 (thirty) days from the notification of the defect or non-conformity, to the address indicated in the following art. 18.
10.4. In case of defects or non-compliance, the Buyer shall be entitled to the restoration of the conformity of the Product by the Supplier, through repair or replacement, or, if this is not possible, to a reduction in the purchase price or the termination of the contract.
Art. 11 Liability for damage from defective products
11.1. As regard to any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC apply.
Art. 12 Communications to the Buyer
12.1. The Buyer acknowledges, accepts and expresses consent for the Supplier to send any communication relating to the purchase of the Products, to the email address indicated by the Buyer at the time of the order.
Art. 13 Withdrawal by the Buyer
13.1. The Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying a reason, within 14 (fourteen) working days, starting from the day of receipt of the purchase.
13.2. The notice of withdrawal must be sent to the Supplier by certified email.
13.3. The return of the goods by the Buyer must take place, without delay and, in any case, within 14 days (fourteen) from the date of sending the notice of withdrawal to the Supplier, at the address referred to in the following art. 18. The return costs as well as any risk related to it will be the exclusive responsibility of the Purchaser, who, in proceeding with the delivery, must use the original packaging of the Product, or equivalent, that preserves its integrity and protects it adequately during transport, otherwise the right to full or partial refund is forfeited. In addition to compliance with the terms and conditions described above, the right of withdrawal shall be deemed to be properly exercised if the following conditions are also met:
a) the products must not have been used, worn, washed or damaged;
b) the products must be equipped with all tags, labels, with the original guarantee seals in place;
c) the products must be returned in their original packaging.
13.4. If the right of withdrawal has been correctly exercised, the Supplier will refund the entire amount paid by the Buyer within 14 (fourteen) days of receipt of the Products.
Art. 14 Obligations of the Buyer
14.1. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep these GCS, which have already been viewed and accepted as an obligatory step during the purchase.
14.2. The product offers on the Site are aimed at Buyers of legal age and, therefore, it is strictly forbidden for people under the age of 18 to place orders online.
14.3. It is strictly forbidden for the Buyer to enter false, fabricated, third party and / or fictional information for the execution of this contract and further related communications; personal data, address, telephone number and email address must only be personal and real data and not that of third party or fictional.
14.4. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all Buyers.
14.5. The Buyer indemnifies the Supplier from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Buyer, who is fully responsible for the correct input.
Art. 15 Ownership of Trademarks and Logos
15.1. The trademarks of the products sold by the Supplier figurative or otherwise, present on the Website, the images, illustrations and logos and any content present on the Site are the exclusive property of the Supplier and / or the respective owners of the intellectual property rights thereon.
15.2. The reproduction in whole or in part, the modification or use of such trademarks, illustrations, images and logos, or any other content of the Site, for any reason and by any means, without the express written authorization of the Supplier and / or the respective rights holders of intellectual property on them is strictly prohibited.
Art. 16 Protection of confidentiality and processing of the Buyer’s data
Art. 17 Methods of conservation / archiving of contractual documents
17.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier according to criteria of confidentiality and security.
17.2. The Buyer is invited to save both the order confirmation email and these GCS on a personal device, in an appropriate digital format.
Art. 18 Communications and complaints to the Supplier
18.1. Written communications, complaints and direct returns to the Supplier set out in these GCS will be considered valid only if sent to the following addresses:
– by certified email to email@example.com
– by email to firstname.lastname@example.org
Art. 19 Applicable law, dispute resolution and place of jurisdiction
19.1. The interpretation, execution and termination of these GCS and the contract concluded between the Supplier and the Buyer are governed by Italian law and will be interpreted according to it, without prejudice to any other prevailing mandatory rule of the Buyer’s country of residence. Any inherent and / or consequent disputes will be resolved on a non-exclusive basis by the Italian judicial authority and specifically by the Court of Rome, unless the Buyer intends to opt, as it is his/her right, for the court of the place of domicile or residence according to the applicable National law.
19.2. The Supplier is always available to seek an amicable solution to any disputes that have arisen, through the direct contacts indicated in art. 18 or the procedures laid down by the individual Member States.
19.3. The Buyer may also contact the European Commission, through an online platform for the resolution of ODR disputes (“online dispute resolution”), deriving from the purchase of goods online in accordance with Article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016. More information on the platform is available at the following link, https://webgate.ec.europa.eu/odr/main/
(Updated on 13/09/2021)