TERMS AND CONDITION
Sales Terms and Conditions
The general conditions of sale below transcribed (the "Terms") are only related to the territory EEC and all sales made by Goolys via its domain www.goolys.com - The sale is reserved exclusively to a member who has:
- a) read the Information on the processing of personal data
- b) accepted the General Terms and Conditions
- c) age of majority
Under the terms and for the purposes of articles. 7 e 12 of the Dlgs. n. 70 - 9.4.2003, goolys.com communicate to the users the following information: the provider of services subject of the Terms is SpazioMIA S.r.l., with registered office in Via Ammiraglio Staiti, 37 - 91100 Trapani (TP), Italy, P.IVA/CF 02535040816; Register of Companies of Trapani - REA 178314, Share Capital 10.000 Euro, (hereinafter referred as “SPM). In this document SPM will be indicated with the name "Goolys", which is the hallmark under which it exercises the sale business in the site. Conditions will also apply to new types of services that will be provided in the future by Goolys.
These Terms and Conditions will apply to all sales carried out by Goolys through its own Website.
The Terms and Conditions may be changed at any time, and are applicable those in force at the date of submission of the purchase order
Terms and purchase conditions
• All prices quoted on the site are expressed in Euro and are inclusive of VAT. The contribution to the expenses of order processing and delivery is explicitly stated and is inclusive of VAT. This amount will be shown separately on the order form before sending by e-mail order confirmation.
• The price of the products may be changed without notice as long as the order is not confirmed, it being understood that the price charged to the user will be the price posted on the site at the date of the order delivery
• The products will remain property of Goolys or its suppliers until the user has paid the purchase price including costs.
• Goolys shall proceed with the purchase order only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order form.
• Goolys reserves the right to reject orders from people who do not give sufficient solvency guarantee, or with which has pending disputes
If the product is out of stock after the order has placed, it will be promptly notified by email and the order will be canceled. If the payment was already made, the supplier of the product ordered on Goolys will refund the amount paid, including contributions to the costs of order and shipping. Refund will be made immediately, or within a period of thirty days from the day after the order.The refund amount will be notified by e-mail, and credited to the card used for payment or bank transfer or through vouchers.
Goolys declines any responsibility for any delay in crediting not attributable to him. In any case, the date of the currency will be the same as that of the charge .
• Deliveries made in EEC territory only, performing at the postal address indicated by you in the order form. The user is solely responsible for shipping address provided.
• Delivery times are as indicated in the purchase order recorded and specified in the order confirmation
• Deliveries are made Monday through Friday, during normal business hours, excluding national holidays.
• In the case of impediments to the delivery due to causes of force majeure, the supplier of the product ordered will be required to inform Goolys, which in turn will contact you by e-mail to inform them of the delay in delivery. Goolys cannot be held responsible in any way for any delays due to third party facts and/or force majeure.
• The delivery is considered completed when the product is made available to the user at the address specified in the order form.
• In case of non-delivery due to recipient's absence at the specified address, the courier will leave a card to certify the delivery attempt. The card will show the data available to contact the courier and set an appointment for a second delivery attempt. After two attempts of delivery gone ' in air ', the package will be in stock and Customer Service at Goolys will contact the vendor and the user in order to unlock the stock and make sure that the delivery take place as soon as possible. If this attempt fails, the product will be returned to the Goolys. After thirty days from the date on which the product has been sent back to the supplier, the contract shall be deemed solved and the purchase order deleted pursuant to art. 1456 of the civil code, the supplier will refund the amount paid by the user, net of the costs of failed delivery, the cost of returning to the supplier and the costs of keeping. The cancellation of the contract and the refunded amount will be communicated to the user via e-mail. The refunded amount will be credited with the same method used by the client for purchase. In the case where, before the expiration of thirty days, the user request to resend the purchased product, the supplier will carry the new delivery with a charge, in addition to the expenses of the same, of the cost of the product returning to the supplier plus the cost of housing. It is up to the recipient to check the condition of the delivered product.
• In case the package shows evident signs of tampering or alteration, the user shall give prompt notice to Customer Service at Goolys, by e-mail to firstname.lastname@example.org or by registered letter to SpazioMIA Srl - Via Ammiraglio Staiti, 37 – 91100 Trapani (TP).
• The user has the right to terminate its contract with Goolys, without any penalty and without specifying the reason, within 15 working days from the date of delivery, unless otherwise specified. The withdrawal must be exercised by registered letter with acknowledgment of receipt sent to Goolys at: SpazioMIA Srl Via Ammiraglio Staiti, 37 – 91100 Trapani (TP). The withdrawal may be anticipated, in the period of 15 days mentioned above, by e-mail at: email@example.com, on condition that notice of cancellation is confirmed by registered letter with acknowledgment of receipt within 48 hours. In order to exercise the withdrawal the following provisions will be applied:
• A) The user has a period of 15 working days from the date of the receipt of order to signal his intention to return.
• B) The user must also ship the products purchased, intact and properly packed in their original packaging, complete with all accessories, using a carrier of their choice at their own expenses, within 15 working days from the date of receipt of goods. The user will need to include in the package a copy of the order confirmation.It is understood that if a product is delivered by its supplier damaged or mismatched, the shipping costs will be borne by the supplier. Products must be shipped to the address indicated on the delivery form. For further information please contact Customer Service by Goolys
• Pursuant to art. 67, paragraph II of the Consumer Code, is a necessary condition for the exercise of the right to withdraw the integrity of the product to be returned. The products must not be damaged and/or altered.
• In order to exercise the right of withdrawal is not required that the returning goods are insured against theft and accidental damage from transport. However, because the risk relating to the return of the goods is under responsibility of the purchaser, Goolys invites the buyer who wishes to exercise the right of withdrawal to ensure, at its own expense, the shipment for the value indicated in the email confirmation of the purchase
• In accordance with art. 67, fourth paragraph, of the Consumer Code, after the return of the product and only after verifying the fulfillment of the preceding points, the supplier shall, as soon as possible, to refund the amounts paid by the user. The refund amount will be communicated via e-mail and credited to the same form of payment used to purchase or by bank transfer. The value date of the amount refunded will be the same of the charge. It remains the user's ability to adhere to the business offers.
• The payment for goods purchased on the Site is made by credit card. Goolys accepts credit cards and PayPal GestPay circuits. These payments will be processed through a connection server-to-server securely by using the SSL record (Secure Sockets Layer) with 128-bit encryption.
• At the moment of order transmission any amount will be charged to the credit card used for payment. The charge will be made only once the data of the provided credit card has been verified and the Company that issued it will have given authorization to debit. .
• In the event of non-payment, the supplier will charge to the user the costs of unsolved management and he will reject the related order, by communicating it via e-mail.
•Goolys reserves the right to refuse, at its sole discretion, certain forms of payment.
Guarantees and compliance
• The products offered on the site are in compliance with EU and national legislation in force in Italy.
• The description of the products offered on the website is that suppliers, under their own responsibility, communicated to Goolys. Images and colors of the products displayed on the Site may differ from the real ones due to the local settings of the systems and / or tools used for display. Goolys is not responsible for the mismatch between the ordered product and its description on the site. In the event that the mismatch comes from errors attributable to the supplier, of which Goolys was not and could not be acquainted, shall be the obligation of the supplier to directly interact with the user in order to remedy the current situation.
• All products sold on the site are covered by legal guarantee of conformity provided by articles 128-135 of the Consumer Code ("legal guarantee"). The legal guarantee is for the consumers.
• In case of lack of conformity of the products purchased from the description posted on the site, the user is entitled to replacement of the product, without charge, if this is possible depending on the number of items still available, or the reimbursement of expenses. The vendor will return the price paid by the user, in addition to the shipping costs and any additional costs. The refund amount will be communicated to the user through email and credited to the payment method used by him for the purchase. The user will have to agree with the customer service of Goolys the shipping arrangements of the goods.
• Are excluded from the legal guarantee products in any way altered by the user. Are also excluded from the scope of the legal guarantee eventual failures or malfunctions or other defects caused by accidental events or under user's responsibility, as a use of the product not corresponding to its destination as provided in the technical documentation included with the product, if available, or in the regarding manual
• The conventional guarantees related to sold products are those provided directly by the manufacturer.
• In no event Goolys be held responsible for the failure in any one of the obligations arising from these Terms and Conditions in the event that the failure is caused by accident and / or force majeure.
Duties and responsibilities of Goolys
• Goolys undertakes to correct any errors in the description of the products offered on the site as quickly as possible, from the report of the same. The reporting of such mistakes can be made by contacting the Customer Service at Goolys to the addresses listed on the site.
• Goolys is not responsible for damage of any kind resulting from the use of the product improper or not in accordance with the manufacturer's instructions, as well as in the event of damage caused by unforeseen circumstances or force majeure.
• The responsibility of Goolys shall not exceed, in any case, the total value of the purchase order.
Suspension of service
• Goolys reserves the right to temporarily suspend, without prior notice, provision of services for the time strictly needed for the technical operations necessary and / or desirable to improve the quality of these services.
• Goolys may at any time discontinue providing the service if there are justifiable reasons of safety or violations of confidentiality, in this case by giving notice to the users
Site Contents and Intellectual Property Rights
• The contents of Goolys as, by way of example, images, photographs, music, sounds, documents, drawings, figures, logos and any other material, in any form published on the Website including menus, web pages, graphics, colors, schemes, tools, fonts, web site design, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property right of Goolys and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or other use of images or of content of the site, without prior written permission by Goolys are prohibited. It is also forbidden to use any content of the site for commercial and / or advertising.
• All other brands that distinguish the products sold on the site are trademarks of their respective owners and are used by Goolys under license, for the sole purpose of distinguishing, describing and advertising the products for sale on the site. Any not authorized use of the hallmarks mentioned above is prohibited. It is not in any way permitted to use any distinguishing marks on the Site to take unfair advantage of its distinctive character or reputation, or to be detrimental to them and their owners . .
• In any case the user may alter, change, modify or adapt the site or the materials made available by Goolys.
Final provisions, applicable law and jurisdiction
• The General Conditions are regulated by Italian laws.
• For any dispute concerning the Terms and Conditions will be competent the Court of Trapani.
Correspondence and Customer Care
Any questions or requests for assistance should be given by e-mail or by registered mail to firstname.lastname@example.org to SpazioMIA- Goolys- Via Ammiraglio Staiti, 37 – 91100 Trapani (TP).