Terms and
Conditions.
General Conditions of Sale.
SPECIFIC RULES GOVERNING THE USE OF THE PROVIDED WEB SERVICES.
1. DEFINITION OF THE PARTIES
1.1 This agreement for the provision of services shall take effect between the company GENERAL D’ASPIRAZIONE Sas with headquarters in Via del lavoro, 9/11- 47030 San Mauro Pascoli (FC) Italy , P.IVA. 01435840408 , hereinafter referred to simply as ” GENERAL D’ASPIRAZIONE” and the user who adheres to the rules stated in this form, hereinafter referred to simply as “user”.
2. DESCRIPTION OF THE SERVICE
2.1 GENERAL D’ASPIRAZIONE provides the user with access to this website and the related data and services accessible via the Internet telecommunications network and via computers permanently connected to it.
2.2 The user may not in any capacity resell to any of its customers and/or third parties the services offered by GENERAL D’ASPIRAZIONE . GENERAL D’ASPIRAZIONE reserves the absolute right to give access to any of its customers and/or third parties reported by the user.
2.3 The user has no authority to act on behalf of GENERAL D’ASPIRAZIONE .
3. SUBJECT OF THE AGREEMENT
3.1 The use of the web services provided implies the user’s acceptance of these general conditions of agreement.
4. DURATION AND TACTICAL EXTENSION
4.1 The services are made available by GENERAL OF ASPIRATION to the user from the moment of the communication of the alphanumeric authentication codes required to access the service.
4.2 the agreement shall last for 12 (twelve) months and shall be deemed tacitly renewed by the user from year to year at the expiration of the first year and subsequent years for the period of 12 (twelve) months if
is not given notice of termination, upon notice by registered letter, within 30 (thirty) days from the end of the current period or year.
4.3 The clauses of this agreement shall be deemed to be in full force and effect and accepted by the customer even in the event of non-compensatory and/or temporary use of the services provided in any capacity by GENERAL D’ASPIRAZIONE .
5. OBLIGATIONS, PROHIBITIONS AND RESPONSIBILITIES OF THE USER
5.1 GENERAL D’ASPIRAZIONE is not responsible for the content of the information freely entered by the user in the various parts of the site where this is permitted.
5.2 GENERAL D’ASPIRAZIONE is not liable in any way for damages caused directly or indirectly by the services provided.
5.3 The user agrees to release GENERAL D’ASPIRAZIONE from any liability in the event of complaints, lawsuits, governmental or administrative actions, losses or damages (including legal fees and expenses) arising from the illegal and/or improper use of the services by the user or anyone on his/her behalf. GENERAL D’ASPIRAZIONE may terminate the service without notice, without in any way implying the payment by GENERAL D’ASPIRAZIONE of any indemnity or reimbursement. The civil and criminal liability of the information freely entered by the user through the service offered by GENERAL D’ASPIRAZIONE remains with the user.
5.4 The user uses the services made available by GENERAL D’ASPIRAZIONE assuming all responsibility for his/her actions.
5.5 The user agrees to keep in the strictest confidence and not to transfer them to third parties, the alphanumeric authentication codes (referred to as “username” and “password”) necessary for the performance of the service and is therefore responsible for their safekeeping.
5.6 It is absolutely FORBIDDEN to use the telematic services of GENERAL D’ASPIRAZIONE for purposes the lawful, to send unsolicited advertising (otherwise called “spamming” or “spam”) to Usenet discussion groups (“newsgroups”) and/or to addresses of users who have no relationship with the sender.
5.7 You shall take the utmost care to ensure that you and/or those on your behalf do not use the Services in an illegal manner, violating the laws of the Republic of Italy and the laws in force in the localities where you and/or those on your behalf reside.
6. CHARACTERISTICS AND FUNCTIONS OF THE SYSTEM
6.1 The user acknowledges and takes note that GENERAL D’ASPIRAZIONE’s telematic services are based on a system physically located in Italy depending on the technical resources necessary for the proper delivery of the service.
7. LIMITATION OF LIABILITY OF GENERAL D’ASPIRATION
7.1 In no event shall GENERAL D’ASPIRAZIONE or anyone else who had any part in the creation, production or delivery of GENERAL D’ASPIRAZIONE’s services be held liable for any direct or indirect, inherent, special or consequential damages of any nature whatsoever, whether contractual or extra-contractual, arising out of the activation and/or use of GENERAL D’ASPIRAZIONE’s services and/or the interruption of the operation of GENERAL D’ASPIRAZIONE’s services . The provisions of this Article shall remain in force and effect even after the term of this Agreement is terminated, due to expiration of terms, termination or withdrawal of this Agreement.
7.2 Under no circumstances shall GENERAL D’ASPIRAZIONE be held responsible for the malfunction of services resulting from the liability of telephone lines, power lines, and worldwide and national networks, such as breakdowns, overloads, interruptions, etc.
7.3 No damages may be claimed from GENERAL D’ASPIRAZIONE for direct and/or indirect damages caused by the use or non-use of the services.
7.4 GENERAL D’ASPIRAZIONE shall not be liable for failures to perform its obligations arising from causes beyond its foreseeable control or from force majeure.
7.5 GENERAL D’ASPIRAZIONE shall not be held liable for failures of third parties that impair the operation of the telematic services made available to the user, including, but not limited to, slowdowns in speed or failure of the telephone lines and processors that handle telematic traffic between the user and GENERAL D’ASPIRAZIONE’s system .
7.6 The user agrees to hold GENERAL D’ASPIRAZIONE harmless from all losses, damages, liabilities, costs, charges and expenses including any legal fees that may be suffered or incurred by GENERAL D’ASPIRAZIONE as a consequence of any failure to comply with the obligations assumed and guarantees given by the user by signing this contract or membership form and in any case related to the entry of information in the space provided by GENERAL D’ASPIRAZIONE , even in the event of damages claimed by third parties for any reason whatsoever.
7.7 With respect to the terms of service provision provided, you acknowledge that GENERAL D’ASPIRAZIONE makes no guarantee that the service will be easily resalable or that it will fit perfectly for particular purposes. Furthermore, due to the specific structure of the Internet, in which many entities are involved, no guarantee can be given regarding the constant usability of the service. In this sense, the user agrees not to hold GENERAL D’ASPIRAZIONE responsible in the event of loss or damage of any kind resulting from the loss of data, inability to access the Internet, inability to transmit or receive information, caused by, or resulting from, delays, cancelled transmissions, or interruptions of service.
8. FORCE MAJEURE, CATASTROPHIC EVENTS AND FORTUE CASE
8.1 Neither party shall be liable for failures attributable to fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes, and any other unforeseeable and exceptional cause that prevents the provision of the agreed service.
9. OBLIGATIONS OF GENERAL D’ASPIRAZIONE
9.1 GENERAL D’ASPIRAZIONE is committed to maintaining the efficiency of the service provided. Should GENERAL D’ASPIRAZIONE be forced to interrupt the service due to exceptional events or maintenance, GENERAL D’ASPIRAZIONE will try to contain the periods of interruption and/or malfunction as quickly as possible. GENERAL D’ASPIRAZIONE will define the appropriate procedures for accessing the services and reserves the right to be able to improve them at any time in order to increase their efficiency. GENERAL D’ASPIRAZIONE will provide the customer with all technical specifications for accessing the services themselves.
10. PERSONAL DATA PROCESSING – LEGISLATIVE DECREE NO. 196/03
10.1 With regard to disclosure, please refer to the disclosure listed on the website.
11. DATE OF EFFECTIVE DATE AND EXPIRATION
11.1 This Agreement shall be effective between the parties from the date of access to services and until the natural expiration of the Agreement.
12. RESOLUTION CLAUSE
12.1 GENERAL D’ASPIRAZIONE reserves the right to declare the agreement terminated pursuant to and for the purposes of Article 1456 of the Civil Code by simple written notice to be sent by e-mail in cases of failure to comply with the obligations contained in Section 5. OBLIGATIONS, PROHIBITIONS AND RESPONSIBILITIES OF THE USER.
13. COURT OF JURISDICTION
13.1 For all judicial disputes arising from this agreement, the Court of Forlì-Cesena shall have exclusive jurisdiction.
13.2 The possible existence of further contracts between GENERAL D’ASPIRAZIONE and the user does not determine any connection between them, and therefore they remain entirely separate and autonomous.
13.3 For all matters not expressly regulated in this agreement, express reference is made to the general rules on contracts of the Civil Code, the current special laws on the protection of copyright, the current special laws on the protection of software and also to their subsequent amendments and novations if and insofar as applicable to this agreement.
14. RIGHT OF WITHDRAWAL FOR THE CONSUMER (Legislative Decree 206/2005)
The Legislative Decree d.lgs. 206/2005 on the protection of consumers in respect of distance contracts, provides the possibility for the customer to exercise the right of withdrawal. This right consists in the possibility, exclusively in favor of the customer, to withdraw from the purchase unconditionally and without having to give gdastore.com any explanation. In case of withdrawal, the costs of re-shipment of the products will be borne by the customer.
General D’Aspirazione is available to collect the returned products through its couriers at a cost of €8.00 (including VAT) upon notice.
Products must be returned in substantially undamaged condition, i.e., in working order, clean, free of scratches, damage, dents or abrasions, in the undamaged packaging. Products also must be returned together with the accessories, components and artwork contained in the original packaging.
15. RIGHT OF WITHDRAWAL FOR THE CONSUMER
The right of withdrawal may be exercised at any time after completing the purchase procedure and in any case within 14 consecutive calendar days of receipt of the goods, by notifying gdastore.com of the desire to exercise the right itself and providing the following data:
number and date of the order confirmation or invoice
in case of partial withdrawal, description and quantity’ of the products that you intend to return
bank details on which to obtain the transfer of the refund (CAB CODE – ABI CODE- BANK ACCOUNT)
in case the order was paid through Paypal payment, the refund will be made in the same way
The notice of withdrawal and the above required data can be transmitted to gdastore.com in the following ways:
By letter by registered mail with return receipt to the following address: General D’Aspirazione Sas Cod. Fisc./P.Iva 01435840408 – Via del Lavoro, 9/11 – 47030 San Mauro Pascoli (FC) – Italy
– By sending an e-mail to info@gdastore.com
– By sending a fax to nr. +39 0541 933763
– Provided followed within 48 hours by letter by registered mail with return receipt to the following address:
General D’Aspirazione Sas Cod. Fisc./P.Iva 01435840408 – Via del Lavoro, 9/11 – 47030 San Mauro Pascoli (FC) Italy
At the same address of gdastore.com, within 14 days of receipt of the products, the customer must make the return (in whole or in part) by ordinary postal package.
REFUNDS
The refund of any amount already paid and corresponding to the entire order (excluding the contribution of shipping costs which therefore remain the responsibility of the customer) or to that part of the products for which you have withdrawn, is made in the manner chosen and free of charge, within 14 days of shipment of the goods by the customer. The costs of restitution of the products to GENERAL D’ASPIRAZIONE SAS shall be borne by the customer.
VERIFICATION OF PRODUCTS
It is the customer’s responsibility to verify the quantity and good condition of the products upon delivery. In the event that it is found that the product is damaged or does not conform to the quantities ordered, it is necessary to report this to the courier by signing the delivery document with reservation as well as inform GENERAL D’ASPIRAZIONE SAS (gdastore.com) within 7 days after delivery; GENERAL D’ASPIRAZIONE SAS will then, after verification, provide for the possible replacement of damaged products or the integration of the missing material in relation to the type of non-compliance found.
Any complaints should be addressed to: General D’Aspirazione Sas Cod. Fisc./P.Iva 01435840408 – Via del Lavoro, 9/11 – 47030 San Mauro Pascoli (FC) – Italy
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