Publication date on website and date of entry into force 14/11/2017
1.1. These general sale conditions (herein after also referred to as the “Conditions”) apply to the purchase of “IL GUFO” branded products (herein after “Products” or singularly “Product”) made on the e-commerce website www.ilgufo.com (herein after the “Site”) by users qualified as “Consumers” pursuant to following art. 1.2. The Site, owned by IL GUFO S.p.A., with legal office in Asolo – Treviso (ITALY), street G. Galilei 3/A, Tax Code, VAT number and Registration in the Business Registry of Treviso – IT 03450970268 (herein after “Owner”) is managed by Triboo Digitale S.r.l. - Company of Triboo Group - with legal office in Viale Sarca 336 20126 Milan, Italy, Tax Code, VAT number and registration in the Business Registry of Milan 02912880966 (herein after “TRIBOO DIGITALE”).
1.2. TRIBOO DIGITALE looks after the sale of the Products through the Site on behalf of the Owner. The purchases of Products through the Site involve the following parties: TRIBOO DIGITALE as seller (herein after the "Seller") and the subject who purchases one or more Products for scopes not related to his entrepreneurial, commercial, artisan or professional activity, as buyer (herein after the “Consumer”), (Seller and Consumer will be jointly referred to herein after as the “Parties”).
1.3. The Owner is not part of these Conditions, but holds the rights on Site domain, logos and trademarks concerning the Products featured on the Site, as well as the copyright on the Site contents.
1.4. Any Consumer’s communication related and/or referred to the purchase of Products - including any notifications, claims, requests concerning the purchase and/or delivery of Products, option to exercise the withdrawal right, etc. - shall be sent to the Seller at the addresses and according to the procedures set out on the Site and at email@example.com .
1.5. Each purchase is regulated by the general sale conditions in the version published on the Site when the order is transmitted by the Consumer.
1.6. The Site is dedicated to retail sale and as such, solely intended for Consumers' use. Subjects who are not Consumers are invited not to place any orders. Should one or more sales be made towards a subject who is not a Consumer, these Conditions shall be applied but, in derogation to the same:
a) the buyer will not be acknowledged the right of withdrawal set forth by art. 10;
b) the buyer cannot benefit of the Product warranty set forth by art. 8;
c) the buyer will not be acknowledged any other protections foreseen herein in favour of the Consumer, which reflect or comply with binding provisions set forth by law;
d) the sale agreement stipulated between the Seller and the buyer will be regulated by Italian laws, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. Upon transmission of the purchase order, the Consumer accepts to receive confirmation of the information concerning the placed order and these Conditions by email at the address declared by the same when registering to the Site or during the purchase process.
1.8. In order to make purchases on the Site, the Consumer must be of legal age (18 years old) and boast legal capacity, as declared by the Consumer.
1.9. The Consumer is responsible for any costs to connect to the Site via Internet, including telephone fees, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the Products and their availability in different geographic areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site when the order is placed by the Consumer, excluding any other condition or term.
2.2. The Seller reserves the right to amend these Conditions at any time, at his discretion, without the need to notify the Site users. Any amendments will be effective on the date of publication on the Site and will solely apply to the sales concluded from said date.
2.3. The prices, the Products sold on the Site and/or their characteristics are subject to changes without notice. These changes will solely apply to orders not yet confirmed on the date the change is introduced. Nonetheless, the Consumer is invited to check the final sale price before sending the purchase order as set forth by following point 3.
2.4 It is possible to access the Site anywhere in the world. Nonetheless, the Products available on the Site can be purchased exclusively by users who request delivery in one of the Countries indicated on the Site.
3. Purchase methods of Products – Stipulation of each purchase agreement
3.1. The Products featured on the Site, not binding for the Seller, are simply an invitation to the Consumer to formulate a contract purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site is a contract proposal and is regulated by these Conditions, which constitute an integral part of the same order and that the Consumer shall fully accept without any reservation, by transmitting the order to the Seller. Before proceeding to the purchase of the Products by sending the purchase order, the Consumer will be requested to read these Conditions and policy on the withdrawal right carefully, to print a copy by pressing print and to store or reproduce a copy for his personal uses. Moreover, the Consumer will be asked to identify and correct any inputting errors of his data.
3.3. The Consumer’s purchase order is accepted by the Seller by transmitting to the Consumer, at the email address indicated to the Seller when registering to the Site or when transmitting the Order, in case the Consumer is not registered to the Site, an order confirmation email containing the link to the text of these Conditions, the summary of the placed order including details on the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer’s order, the Seller’s order confirmation and the Conditions applicable to the relation between the Parties will be stored electronically by the Seller in his IT systems and the Consumer can request a copy by sending a notice to the seller via email at firstname.lastname@example.org.
3.4. Each Product purchase agreement is deemed stipulated upon receipt of the Seller’s order confirmation by the Consumer, via email.
4. Product selection and purchase procedure
4.1. The Products featured on the Site can be purchased by the Consumer by selecting the Products of his interest and inputting them in the specific online cart. After selecting the Products, in order to purchase the Products input in the cart, the Consumer will be invited to (i) register to the Site by providing the requested information, or (ii) login, in case the Consumer is already registered or (iii) provide his information to complete the order and conclude the agreement. Should the data indicated in the order be different from the information provided when registering to the Site, the Consumer will be requested to confirm his data (for example and not limitedly to: name, surname, etc.) and the address where to deliver the selected Products, invoicing address and, optionally, a telephone number where he can be reached for any communications concerning his purchase. The Consumer will visualise a summary of the order to place, of which it can edit the contents: therefore, the Consumer shall explicitly approve these Conditions after reading them carefully, by clicking on the specific check-box on the Site and lastly, the Consumer will be requested to confirm the order by pressing “Enter order”, which will be finally sent to the Seller and bear the effects set forth by previous par. 3.2. of this agreement. The Consumer will also be requested to choose the shipping and payment method, among those available. Should the Consumer select the immediate payment method (upon purchase) via credit card, PayPal or instant bank transfer, he shall notify the relevant information through secure connection. For accounting and administrative needs, the Seller reserves the right to verify the information provided by the Consumer. Should the payment be issued through credit card, the purchase amount will be exclusively charged upon transmission of the order confirmation by the Seller to the Consumer.
4.2. Should the Consumer notice, during the Product selection procedure on the Site as set forth by previous point 4.1, that the price of one or more Products that he intends to select for subsequent purchase be clearly lower to the generally applied price, net of any current discounts and/or promotions, due to a technical issue that occurred on the Site, he is invited not to place the purchase order and notify the afore-cited technical error to the Seller’s Customer Service, by sending an email at email@example.com.
5. Delivery of goods and acceptance
5.1. The Site indicates the Product availability and delivery times, however said information shall be deemed merely indicate and not binding for the Seller.
5.2 The Seller undertakes to do what is in his power to comply with the delivery times indicated on the Site and in any case, to execute delivery within maximum 30 (thirty) days starting from the day after the Consumer has placed the order. Should the Seller fail to execute the order due to Product out-of-stock, even temporarily, the Seller will transmit a written notice to the Consumer and will refund the sums potentially paid by the Consumer for the Product, pursuant to following par. 5.3. If the Consumer has selected bank transfer as payment method, the delivery term will be effective from the day the Seller has received payment.
5.3. The Products ordered by the Consumer will be shipped according to the method selected by the Consumer among those available and indicated on the Site when placing the order. The Consumer undertakes to promptly and timely check that the delivery includes all and only the purchased Products and to promptly inform the Seller of any defect concerning the received Products or differences compared to the placed order, according to the procedure set forth by following art. 8 of these Conditions, in lack of which the Products will be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer be clearly damaged at destination, the Consumer is invited to reject the delivery by the shipper/courier or accept delivery “with reservation”.
6. Prices, shipping costs, taxes and levies
6.1. The price of the Products is indicated on the Site when the Consumer places the order. Prices include standard packaging costs, VAT (if applicable) and any indirect duties (if applicable), while they exclude shipping costs which are calculated before the Seller sends the order confirmation to the Consumer, which the latter agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the total price to the Seller as indicated in the order and order confirmation sent via email by the Seller to the Consumer.
6.3. Should the Products be delivered in a non-EU country, the total price indicated in the order and re-stated in the order confirmation, including indirect taxes (if applicable) is net of any customs and other sales tax, which the Consumer agrees since now to pay if due, in addition to the price indicated in the order and confirmed in the order conformation, as set forth by laws applicable in the country where the Products are delivered. The Consumer is invited to obtain information from competent bodies in his country of residence or destination of the Products, about potential customs or taxes applied in his country of residence or destination of the Products.
6.4. The Consumer is exclusively responsible for any further cost, fee, tax and/or duty applied at any title by a specific country to the ordered Products, as set forth by these Conditions.
6.5. The Consumer declares that, failure to know the costs, fees, customs, taxes and/or duties set forth by previous par. 6.3. and 6.4., upon transmission of an order to the Seller, does not constitute grounds to terminate this agreement and that said fees will not be charged to the Seller.
7.1. The price of the products purchased on the Site shall be paid within the peremptory term of 10 (ten) days from the date the Seller transmits the order confirmation to the Consumer. The Consumer explicitly agrees that the agreement will be executed by the Seller when the price of the purchased Product/s will be credited on the Seller's bank account.
7.2. Payment can be issued with credit card or through PayPal, at the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section on the Site.
7.3. Should payment be issued through credit card, the Consumer will be transferred to a secure site and the credit card data will be transmitted directly to Global Collect Service BV, with legal office in Amsterdam (Holland), 43-49 Planetenweg street, 2132 HF, Hoofddrop, registered in the Chamber of Commerce of Amsterdam under no. 34140462, operator who handles payments on behalf of the Seller. Data will be transmitted in secure mode, through coded transfer with 128-bit SSL system (SecureSocketLayer). This data cannot be accessed, not even by the Seller.
7.4. Should payment be issued through bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes contained in the order confirmation, and also the order number.
7.5. The Seller will promptly transmit the tax receipt concerning the purchase to the Consumer, if the purchased Products are to be delivered within the Italian territory, in accordance to applicable laws and in electronic format via email at the address stated by the latter, or he will enclose it in paper format to the purchased Products, in all other cases.
8. Seller's legal guarantee of conformity, reporting of lack of conformity and warranty interventions
8.1. Pursuant to and for the purposes of the European Directive 771/2019/ EC and the Italian Legislative Decree no.206/2005 (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings provided by the Seller and / or by the Owner, or reported in the reference documentation, in the tags or in the labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.
8.2. The Consumer can report any defects and non-conformities by sending the correctly completed form to firstname.lastname@example.org (click here to download the defective product return form), with indication of the defect and / or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the purchase receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.
8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after carrying out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with an e-mail reply containing the "Return Code", sent to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorisation 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 Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-conformity, to the following address:
Triboo Digitale Srl, c / o ThunLogistics
Via Rita Castagna, 1
46100 Mantova ITALY
8.4. In the event of defects or non-conformities, the Consumer will be entitled to have the Product restored to conformity by the Seller, through repair or replacement, or alternative remedies in the cases expressly provided for by the Consumer Code.
If the Seller has undertaken to reimburse the Consumer for the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail at email@example.com , the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to be able to return the sum due.
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply. In its capacity of distributor of the Products through the Site, the Seller frees itself from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
10. Withdrawal right
10.1 Without prejudice to the exceptions set forth by art. 59 of the Consumer's Code, the Consumer is acknowledged the right to withdraw from any agreement stipulated pursuant to these Conditions, without providing any reasons and with no penalty, within 14 (fourteen) days from (i) the date on which the Product is delivered or (ii) the date on which the last product was delivered, in case of purchase of more Products delivered separately with a single order.
10.2 In order to exercise the withdrawal right, the Consumer shall inform Triboo Digitale about his decision prior to the peremptory term set forth by previous point 10.1, by accessing page “My returns” from My Account or, if not registered to the Site, by accessing the dedicated page and inputting the order number and email through which he made the purchase. Alternatively, the Consumer can send an explicit statement of his decision to withdraw to Triboo Digitale through the contact form or at firstname.lastname@example.org, using the enclosed typical withdrawal form.
10.3 Pursuant to the provisions set forth by previous point 10.2, the Consumer will receive a confirmation email to exercise withdrawal, containing the return form to insert in the pack in case he has already received the ordered product and the instructions to return it, to be transmitted within the following 14 days to
Triboo Digitale Srl, c / o ThunLogistics
Via Rita Castagna, 1
46100 Mantova ITALY
10.4 If the Consumer has received the product, he shall return it to Triboo Digital with no undue delays and in any case, within 14 days from notifying withdrawal. The term is respected if the Consumer returns the products prior to 14 days. The risks and costs related to returning the products and proof of the latter, will be born by the Consumer. Should the Consumer exercise withdrawal through the site, the cost to return the products will be indicated to him prior to confirm request of withdrawal, in case he wishes to use the return service offered by the Site.
10.5 In case of withdrawal, the Consumer will be refunded the payments made, including delivery costs (except for additional costs related to the choice of a delivery method other than the offered, less pricy standard delivery), without undue delay and in any case within 14 days from exercising withdrawal. Said refunds shall be issued using the same payment method chosen by the Consumer for the initial transaction, unless the Consumer requests reimbursement through a different payment method; in this case, any additional costs related to the different payment method will be born by the Consumer. Refund can be suspended until the products are received or until the Consumer proves to have returned the goods, if prior.
10.6 The Consumer is responsible for product depreciation due to handling other than that required to establish the nature, characteristics and operating conditions of the products. Therefore, should the returned products be damaged (e.g. sign of wear, abrasion, chips, scratches, deformations, etc.), not complete with all components and accessories (including unaltered labels and tags attached to the product), not accompanied by enclosed instructions/ notes/ manuals, original packaging and wrapping and warranty certificate if present, the Consumer will be responsible for the product depreciation and will be entitled to be refunded the amount equal to the residual value of the Product. Therefore, for said purpose, the Consumer is invited not to handle the product other than strictly required to establish the nature, characteristics and operating conditions and wrap the original Product packaging with another protective wrapping to protect integrity and also prevent the affixing labels or writings during transport.
11. Intellectual property rights
11.1. The Consumer declares to be informed that any trademarks, names and distinctive marks, logos, images, photographs, written or graphic texts used on the Site or concerning the Products are and shall remain the exclusive property of IL GUFO S.p.A. and/or its parties entitled, without attributing to the Consumer any right on the same from accessing the Site and/or purchasing the Products.
11.2. The Site contents cannot be partially or fully reproduced, nor transferred with electronic or traditional means, modified or used for any purpose without the previous written consent of IL GUFO S.p.A..
12.2. The Consumer declares and guarantees that the data supplied to the Seller during the registration and purchase process is correct and truthful.
12.3. However, the Consumer can update and/edit his personal information provided to the Seller at any time through the relative Site section "My Account" which can be accessed prior authentication.
13.1. Despite the Seller adopts measures aimed at protecting personal data against potential loss, falsification, improper handling and use by third parties, in view of the characteristics and technical limitations concerning the security of electronic communications via Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site cannot be accessed or viewed by non-authorised third parties also after Consumer's authentication (login).
13.2. With regards to data concerning payments through credit Card, the Seller relies on the services rendered by Global Collect Service BV which adopts technological systems aimed at ensuring utmost reliability, security, protection and privacy levels in transmitting information via web.
14. Applicable law, mediation attempt and competent Court
14.1. Each sale agreement stipulated between the Seller and Consumers pursuant to these Conditions will be regulated and interpreted according to Italian laws and in particular the Consumer's Code, with specific reference to laws concerning remote contracts and Legislative Decree no. 70 of 9th April 2003, concerning some aspects of electronic commerce. Notwithstanding the foregoing, any rights attributed to Consumers by binding laws applicable in the Countries of residence of the latter, will remain firm.
14.2. We guarantee since now our participation in an attempt to reach a friendly settlement in case of dispute between the Seller and a Consumer, that the latter may take before RisolviOnline, an independent and official service offered by the Arbitration Board of the Chamber of Commerce of Milan, which allows reaching a satisfactory agreement with the aid of a neutral and competent mediator, in a friendly and safe way on internet. For additional information on RisolviOnline Regulation or to transmit a conciliation request, visit www.risolvionline.com.
14.3. Alternatively to the conciliation attempt set forth by previous point 14.2, the Consumer has also the faculty to access the European Online Dispute Resolution platform (European ODR Platform) to settle any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, clear, effective, quick and fair resolution of disputes out-of-court, concerning the obligations derived from online sales or service agreements between a consumer residing in the European Union and a professional located in the European Union through the aid of an adhering ADR (alternative dispute resolution) body, which can be selected from a suitable list available therein. For additional information on the European ODR Platform or to open an alternative resolution proceedings concerning this agreement, follow link: http://ec.europa.eu/odr. The Seller’s email address to be indicated in the European ODR Platform is the following: email@example.com.
14.4. The dispute shall be devolved to the judge of the Consumer’s place of residence or domicile, should the conciliation attempt set forth by previous point 14.2 or 14.3 fail, or in case the attempt to settle is not brought forward.