TERMS AND CONDITIONS

Index

1. Scope
2. Execution of the contract
3. Right of withdrawal and return policies
4. Prices and payment terms
5. Terms of pickup and shipping
6. Legal guarantee of conformity
7. Applicable law, jurisdiction
8. Alternative dispute resolution
9. Others
10. Our contacts

1) Scope

1.1. These general terms and conditions of contract (hereinafter “Terms“) apply to all contracts entered into by a consumer or professional (hereinafter “Customer“) with Gobbetto SRL, headquartered at Via Carroccio 0016, 20123 Milan, P.IVA 04018090151 (hereinafter “Gobbetto” or “Seller“) with respect to the products referred to on the website www.gobbetto.com (hereinafter the “Website“).

1.2. For the purposes of these Terms, “consumer” means any natural person who concludes a legal transaction for purposes that are not within the scope of his or her independent commercial or professional activity. “Professional” means any natural or legal person or partnership with legal capacity who, in concluding a legal transaction, acts for purposes that are within the scope of his or her commercial or independent professional activity.

1.3. Customer is requested to read and fully understand the following Terms before submitting a purchase order. The submission of a purchase order through the Web Site by the Customer constitutes an expression of knowledge and acceptance of the following Terms.

2) Execution of the contract

2.1. The display of products on the Website constitutes an invite to offer. If the Customer wishes to purchase one or more products, he/she may select them one at a time and add them to his/her shopping cart. Once all the items the Customer is interested in purchasing have been selected, it will be possible to close the cart and place the order. The order will be considered as a contractual proposal of purchase by the Customer addressed to Gobbetto for the products listed, each considered individually.

2.2. In order for the Customer to proceed with the submission of the purchase order, he/she must first fill out the appropriate order form found within the Website. After entering the required data and selecting both the shipping method and one of the available payment options, the Customer, by clicking on the “Place Order” icon at the end of the purchase process, will send to Gobbetto its contractual purchase proposal for the products in the cart.

2.3. Upon receipt of the purchase order, Gobbetto will send the Customer a message of acceptance of the order and of taking charge of same (hereinafter the “Order Confirmation“). The sales contract with Gobbetto will be entered when the Order Confirmation is sent to the Customer. Within 7 (seven) days following the sending of the Order Confirmation, Gobbetto will inform the Customer, by e-mail, of the date from which it will be possible to proceed with the collection of the goods at its physical stores, or, if the Customer has selected the “Shipping” option, the tracking number relating to the order placed (hereinafter the “Collection/Shipping Communication“). In the event that the order is processed through multiple shipments, Gobbetto may send separate Collection/Shipping Communications.

2.4. The Customer may cancel his/her order before having received the Collection/Shipping Communication, provided that the order has not been prepared for the shipping process. In this case, no charge will be made. However, it is without prejudice to the right of withdrawal under the terms and conditions set forth in Article 3 below.

2.5. The Customer agrees to receive any invoices requested exclusively in electronic format.

3) Right of withdrawal and return policies

3.1. Subject to the exceptions set forth below, the Customer has the right to withdraw from the order placed, without having to provide any reasons, within 14 days from the day of delivery/collection of the ordered product.

3.2. In order to exercise the right of withdrawal, it is necessary that the relevant communication is sent by the Customer to the e-mail address gobbetto@gobbetto.com before the expiration of the aforementioned 14-day period and that the product is returned to Gobbetto by sending it to the following address: Viale Edison, 64 – 20090 Trezzano Sul Naviglio (MI).

3.3. However, the right of withdrawal is subject to the following conditions:

1. a) the right applies to the purchased product in its entirety; therefore, it is not possible to exercise the withdrawal only on part of the purchased product;
2. b) the right does not apply to custom-made and/or clearly customized products;
3. c) the product purchased must be intact and returned in its original packaging, complete in all its parts (otherwise, the Customer will be responsible for the decrease in the value of the products resulting from handling them other than what is necessary to establish the nature, characteristics and operation of the products);
4. d) upon its arrival at the warehouse, the product will be inspected to check for any damage or alteration not attributable to / resulting from transport.

In case of lack of the conditions for the valid right of withdrawal, Gobbetto will notify the Customer in writing. In this case, the refund will not be made and the goods will remain at Gobbetto’s premises available for collection or shipment at the sole expense of the Customer.

3.4. For more information about the right of withdrawal and operative instructions, please contact our customer service department at gobbetto@gobbetto.com.

3.5. Products sold through the Website may be returned by the Customer to Gobbetto within 30 days of their delivery/collection, provided that such products are undamaged and are in the same condition in which they were delivered/collected.

3.6. In case of withdrawal and/or return, Gobbetto will reimburse the Customer only the price paid for the purchase. On the other hand, shipping costs incurred for receiving the returned product will not be refunded. The refund will be made by the same method in which the Customer made the payment. In case of payment by PayPal or credit card, the refund will be made to the same card or PayPal account used for the purchase. It is understood that the risks arising from transportation and the cost of return will be borne exclusively by the Customer.

3.7. For more information about return policies and operative instructions, please contact our customer service department at gobbetto@gobbetto.com.

4) Prices and payment terms

4.1. All prices are inclusive of applicable VAT in accordance with the law. Any extra delivery and shipping charges are shown on the respective product description page. Should the products ordered be delivered outside of Italy, the Customer may be subject to import duties and taxes, payable once the package reaches the specified destination. Shipments to countries outside the European Union may incur additional specific costs to be borne by the Customer. Any additional customs clearance costs will be borne solely by the Customer, as Gobbetto neither has control over such costs nor can Gobbetto predict the amount. Customs policies vary considerably from country to country; the Customer is, therefore, encouraged to contact the local customs office for further information. It should also be noted that by placing orders on the Website, the Customer is considered an importer and is therefore required to comply with the laws and regulations of the country to which the products will be delivered.

4.2. The Customer has several payment options available to him/her, illustrated on the Website. In the event that the Customer has selected the payment option by “Bank Transfer”, the order will not be made available for collection/shipping until the funds appear in Gobbetto’s bank account. If the Customer has selected the option to pay by “PayPal – Credit / Prepaid Card”, payment will be handled through the relevant service provider. Gobbetto reserves the right to stop preparing the order in the event that the payment method selected by the Customer is not successful. In this case, Gobbetto will send a communication to the e-mail address provided by the Customer inviting him/her to check the availability of sufficient funds to proceed with the payment of the order and, in any case, to select a different payment method from those available on the Website. In any event, the order will not be made available for collection/shipping until the funds are in Gobbetto’s bank account.

5) Collection and shipping conditions

The Customer has several collection/shipping options available for the products ordered, dislayed on the Website. In the event that the Customer has selected the option “Free collection at Trezzano sul Naviglio” or “Free collection at the showroom – Via Carroccio 16, 20123 Milan”, Gobbetto will send the Customer the Collection/Shipping Communication to confirm the availability of the products for the purpose of their pickup. If the Customer has selected the “Shipment” option, Gobbetto will send the Collection/Shipment Communication to the Customer to provide with the tracking number of the order, through which it will be possible to check the status of the shipment and its expected delivery date. The products will be shipped by carrier to the address provided by the Customer and the order processed according to the timing of the carrier, taking into consideration the shipping address indicated. In the event that the order is processed through multiple shipments, Gobbetto may send separate Collection/Shipment Communications providing, each one, to a single tracking number.

6) Legal guarantee of compliance

6.1. The warranty on products sold by Gobbetto differs on the basis of whether the Customer is a “consumer” or a “professional” within the meaning of Directive 1999/44/EC concerning “certain aspects of sales contracts and guarantees concerning consumer goods.”

6.2. If the Customer purchases as a “consumer”, he/her benefits from the legal guarantee to which the seller is bound by law on every good sold (hereinafter “Legal Guarantee“). The Legal Warranty – to which Gobbetto as the seller is obligated – guarantees the good from defects with respect to the contract of sale. Pursuant to the law, in the event that the Legal Warranty is applicable, the Customer shall have the right to have the good restored by repair or replacement free of charge, or, if this is not possible, to a reduction of the purchase price or to terminate the contract. Gobbetto shall be liable for defects of conformity if they occur within two years from the date of delivery of the goods. However, the Customer shall have the burden of notifying the presence of defects within the term of two months from its/their discovery. In the event that the Customer should find a defect on products purchased from Gobbetto during the period of validity of the Legal Warranty, the same is requested to contact customer service at the e-mail address gobbetto@gobbetto.com.

6.3. To the extent permitted by law, Gobbetto assumes no liability in the event that the delivered product does not comply with the laws of the country of delivery other than Italy.

6.4 Except in the case of willful misconduct or gross negligence, Gobbetto may only be held liable for direct and predictable damages at the time of the conclusion of the contract of sale. Gobbetto may not, therefore, be held liable in any way for any losses suffered, loss of earnings or any other damage that is not a direct consequence of its non-performance or that was not predictable at the time of the execution of the contract of sale, including any damage to property and/or persons arising from and/or related to the negligent and/or improper and/or non-compliant use of the products purchased by the Customer with respect to their characteristics and/or their natural destination and/or the instructions provided by Gobbetto.

6.5. In no event shall Gobbetto be liable for failure to perform any of its obligations under the agreements subject to the Terms in the event that the failure is caused by unpredictable circumstances and/or force majeure, including but not limited to natural disasters, fire, flood, terrorist acts, network malfunctions and/or power outages.

7) Applicable law and jurisdiction

7.1. The contract of sale between Gobbetto and the Customer, referred to in these Terms, is concluded in Italy and governed by Italian Law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

7.2. If the Customer acts as a consumer, the exclusive territorial jurisdiction for all disputes arising from the contract of sale is that of the Court of the Customer’s place of domicile. If the Customer acts as a professional, the exclusive territorial jurisdiction for all disputes arising from the contract of sale is that of the Court of Milan.

8) Alternative dispute resolution

The European Commission has set up an online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr. This platform is the point of reference for out-of-court resolution of disputes arising from online contracts of sale or services in which the consumer is involved.

9) Others

9.1 It is possible to request information, send communications or submit complaints to Gobbetto through the email address gobbetto@gobbetto.com or by completing the form available at the following link: https://www.gobbetto.com/contatti/ or by calling the following telephone number: 0248405653. Gobbetto will respond to email inquiries and complaints within 5 (five) business days from the date of the inquiry or complaint.

9.2. In the event of breach by the Customer of these Terms, Gobbetto’s failure to exercise its right of action against the Customer shall not constitute a waiver of its right of action for breach of the Customer’s commitments.

9.3 Gobbetto does not sell products to minors. By submitting a purchase order, the Customer represents and warrants that he/she is at least 18 years old.

9.4 Gobbetto reserves the right to discontinue marketing any product featured within the scope of the Website at any time. The display of any product on the Website at any time does not imply and/or guarantee that such products will be available at the time the Customer submits the purchase order.

9.5. Gobbetto also reserves the right to modify the following Terms at any time, without prior notice to the Customer. The version of the Terms applied to the purchase order of the Customer shall be the version published within the Website at the time the Customer submits the purchase order. If any provision of these Terms is held invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the other provisions.

10) Our contacts

Our contacts:

• Gobbetto SRL, a company incorporated under Italian law with registered office at Via Carroccio 0016, 20123 Milan, C.F. / P.IVA / registration no. 04018090151, REA MI – 991513.
• Phone: 028322269
• E-mail: gobbetto@gobbetto.com
• Certified electronic mail (CEM): gobbettosrl@pec.it