These General Terms and Conditions shall apply to all orders submitted by customers on the website www.elevationshop.com and constitute an integral and substantial part of all contracts between Gierre s.r.l. (legal headquarters in Via 1° Maggio, 1 and 6, Olginate (LECCO) (Italy) and its customers.
While placing an order, the customer declares to have taken note and accepted the General Terms and Conditions. These General Terms and Conditions shall prevail over any other general condition of contract.
By accessing the online shop, a customer can buy products exclusively for private use.
A consumer is a natural person who orders for purposes other than business, commercial, craft or professional activity.
Company / professional means any natural or legal person who makes an order in the exercise of his VAT number.
It is therefore not possible to place orders in order to resell and / or market the purchased products.
The order sent by the customer through the website means the full and unconditional acceptance by the buyer not only of the specific terms and conditions of the single purchase, as summarized in the order confirmation, but also in these General Terms and Conditions.
The purchase of the products takes place through access to the site, after the buyer's registration. Upon confirmation of the order sent, the buyer receives a mail from the dedicated customer service, which summarizes all the order conditions and all the data about the ordered products. It is the responsibility of the buyer to verify the correct correspondence to the information detailed in the order confirmation. The buyer may rectify the order by sending an e-mail or by calling the customer service. Any modification to the order must be confirmed in writing (e-mail) both by the buyer and the seller.
The order confirmation from the seller does not imply automatic and binding acceptance of the order. The sales contract ends when elevationshop.com confirms the shipment of the order by e-mail. The seller reserves the right, at his sole discretion, to accept the purchase proposal after having checked the availability of the product. The seller will notify the customer of the non-acceptance of the order, by e-mail or by phone, communicating the reasons. The sales proposal is meant "unless stocks are exhausted". In case the product is not available and / or the delivery terms are longer than the ones indicated in the web site, the seller will inform the customer, who will have the possibility to choose:
1. to confirm the order for the available quantities, and obtain a refund for the not available items, in case the customer has already paid the total amount in advance;
2. wait until the whole order is available;
3. exercise the right of withdrawal, to obtain a full refund of the order.
In case of reimbursement, the refund will be done within 30 days from the notification of the customer's choice in this regard.
Gierre s.r.l. shall not be liable for any failure or delay in delivery due to force majeure, including but not limited to, strikes, Public Authority decisions, rationing or shortage of energy or raw material, transportation difficulties, fires, floods, flooding and damage to industrial machinery not dependent on Gierre s.r.l.
Gierre s.r.l. will promptly inform the customer of the occurrence and failure of a cause of force majeure. If these conditions persist for a period exceeding 5 (five) weeks, each party will have the right to terminate the contract. In such a case, the customer will not be entitled to any compensation or reimbursement in any way, except for the right to obtain the refund of the amout that has already been paid.
The customer is required to print or save in electronic copy, and in any case retain, a copy of the general conditions of sale.
The customer has no right to compensation in case of seller's not acceptance, even partial, of an order.
The representation of products on www.elevationshop.com is not legally binding, it is only an online catalogue. The maximum compliance with the specific requirements on the site will be observed in the supplies. It is understood that in the scope of the sales and commercial choices of the seller, and in compliance with the rules, partial adaptations and / or modifications of the products may be carried out which may concern aesthetic and functional characteristics which, however, do not alter the nature of the purchase.
Prices, shipment and delivery
The prices indicated are public prices, without VAT.
The prices do not include shipping charges, which will be calculated separately.
Gierre s.r.l. reserves the right to modify at any time the prices of the products sold through www.elevationshop.com, provided that the price of items on offer is the one showed at the moment of order.
The seller provides the shipment via one of the following couriers: MBE Mail Boxes Etc., Bartolini or other Italian courier. The shipping costs are charged to the customer and are clearly indicated in the order confirmation. Delivery times are indicated on the site and updated regularly.
At the time of delivery the customer is required to check:
- that the packaging is not damaged, neither wet nor otherwise altered;
- that the number of packages corresponds to what is indicated in the transport document.
Any damage to the product or packaging must be immediately notified by courier in writing on the delivery document. Once the customer has signed the carrier's document without reservation, the customer will not be able to object to any defects or defects in the delivered products. In the event that the courier is unable to deliver the products to the address indicated by the customer, they will be deposited in the courier warehouse.
The ordered goods are shipped in the following terms:
- If the payment is in advance at the time of the forwarding of the order, the day after the receipt of the payment (the receipt of the payment means the time when the credit is recorded on the account of the seller).
- If the payment is on the mark, the day after the receipt of the order.
The merchandise can be delivered to a different address than the invoice, provided it is indicated at the same time as the order in the appropriate space.
In the case of a purchase made by a consumer, the risk of fortuitous deterioration is in charge of Gierre s.r.l. up to the delivery of the item to the consumer or to any other party specified by the same. In the case of purchases made by customers who registers using a company / professional VAT number, the risk fortuitous deterioration passes in charge of the customer as soon as the courier picks up the parcel to be sent.
Payment and invoicing
Gierre s.r.l. offers different payment methods, such as, payment by credit card, or via "Paypal" system, or by bank transfer in advance.
The customer will receive invoices in electronic format only.
Right of withdrawal
In compliance with the information duties pursuant to art. 52 of the D. Decree n. 21, February 21st 2014, implementing Directive 2011/83/EU on Consumer Rights, the following are the terms and conditions governing the right of withdrawal in favour of the "consumer".
Customers who purchase using a VAT number cannot exercise the right of withdrawal.
The Consumer has the right to withdrawal, that must be exercised within fourteen (14) working days after receiving the purchased product.
In order to exercise this right, the customer must contact:
Gierre s.r.l. - Via 1° Maggio 1 e 6 - 23854 Olginate (LC) Italy
by fax to + 39 0341 682980
In such a case, the direct costs of returning the products are entirely borne by the customer while Gierre s.r.l. will repay any sums already paid by the customer, within 30 days from receipt of the product made by bank transfer.
The items must be returned:
- in their entirety, the right of withdrawal can not be exercised only on part of the purchased product (eg accessories, detachable parts, etc.);
- properly packaged in their original packaging, in perfect condition (not damaged, damaged, dirty, etc.) and equipped with all their accessories, operating instructions and documentation; To limit damage to the original packaging, we recommend, whenever possible, to insert it into a second box; avoiding in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product;
- bear the transport document (in the original packaging), so that Gierre s.r.l. may identify the customer (order number, name, surname, address);
- without any obvious signs of use, except those compatible with performing a normal test of the article.
Only under these conditions will the customer be entitled to the full refund of the value of the purchased goods.
The items must be returned to Gierre s.r.l. in 23854 Olginate (LC) ITALY - via I ° Maggio n. 1 and 6
Warranty and complaint handling
Customer purchases are subject to Italian law on collateral.
The customer can contact GIERRE s.r.l. at any time according to the methods indicated in these general sales conditions.
In case of complaint, GIERRE s.r.l. Invites the client to describe the nature of the problem in the most detailed manner possible and, if necessary, to forward the order documents, or to indicate the order number and any other useful data to properly identify the claim.
For any service request, GIERRE s.r.l. invites the customer to contact customer service, which can be contacted as follows:
Gierre s.r.l. - Via 1° Maggio 1 and 6 - 23854 - Olginate (LC) Italy
Phone: +39 0341 652057 Available from Monday to Friday from 8.30 am to 6.00 pm
GIERRE s.r.l. undertakes to remedy any defects in the products attributable to the producer, occurring within twelve months of the delivery of the products, provided that they have been promptly notified:
- any complaints concerning the status of the packaging, quantity or external features of the products (or other Apparent vices), must be communicated to GIERRE srl In writing, in term of a decree, no later than 8 (eight) days from the date of receipt of the products;
- any complaints concerning defects that can not be identified by a diligent check at the time of receipt (hidden defects) must be notified to GIERRE srl, within 8 (eight) days from the date of discovery of the defect, and no later than Twelve months from the date of delivery.
The complaint must specify precisely the defect found and the products not corresponding to those ordered.
This warranty does not apply to products that have normal wear, signs of tampering or improper use.
The costs of transporting the products to be replaced or repaired and the replaced or repaired products are entirely borne by the customer.
The sales contract between the customer and Gierre s.r.l. Is intended to be concluded in Italy and entirely regulated by the Italian Law.
For any controversy, the territorial jurisdiction is attributable to the Foro di Lecco, excluding disputes with consumers for which the territorial jurisdiction is attributed to the Judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State.