TERMS AND CONDITIONS
Acceptance of General Sales Conditions
1. The contract stipulated between GPA s.r.l. (herein called “GPA”) as the seller, and the customer is to be considered concluded at the time of the acceptance of the order by the seller. This acceptance is automatic, unless otherwise communicated to the customer. By placing an order in one of the various ways possible, the customer declares that he/she has read all the information provided during the purchase process and accepts all of the terms and conditions of payment transcribed below.
2. Upon conclusion of the on-line acquisition process, the customer must print or save an electronic copy of the order, and keep these general sales conditions.
3. The customer is not entitled to any damages or compensation, nor any contract or tort liability for any direct or indirect damage to persons and/or property, caused by the refusal, even partial, of an order by GPA.
4. The customer can only purchase the products present in GPA electronic catalogue – at the time of sending the order, and those which can be viewed on-line (herein called “site”), as they are described on the relative information sheets.
5. In the case of a refused order, GPA guarantees timely communication with the customer, except as provided for in point 3), above.
6. In the case of failure to comply with the order due to the unavailability, even temporary, of merchandise, GPA will inform the customer, via appropriate means, within 7 (seven) working days from the day following that on which the customer sent the order through the site, and within 10 (ten) working days GPA will refund any amounts already paid by the customer. The refund will be made by bank transfer or PayPal, only after having received by e-mail from the customer, his bank data or e-mail address associated with PayPal.
7. For each order made on the site, GPA issues regular documentation (delivery order, delivery note or invoice) for the purchased products. For invoice, reference is made to the data provided by the customer when registering with the site. The tax records will be included in the package and will accompany the goods, as required by the Italian legislation in force. In no case will invoices be issued, if requested, after the shipment of the material, pursuant to Art. 22 of DPR 633/72.
8. PAYPAL - Paypal is an online free payment method, quick and secure. After ending the order select the payment with Paypal, the system will connect, in protected modality, with the Paypal page where you can insert email address and password of your account or you can simply use your credit card details.
Choosing this payment method the amount of your order is debited directly on your Paypal account or your credit card and all your financial information remains confidential.
Any transaction fees will not debited to your account.
9. CREDIT CARD - We also can accept as payment terms VISA, MASTERCARD, for delivery in ITALY we can also accept as payment terms CASH AT DELIVERY (shipping by courier)
Delivery Methods, Prices, Fees and Custom Duties and Charges
10. It is possible to collect the ordered goods at the premises of GPA, subject to confirmation by e-mail from the customer. The payment must, in any case, be made in advance and never in cash or checks.
11. Transportation costs, being a lump sum contribution, are subject to ordinary VAT, and are charged to the customer. They will be shown explicitly at the time of order and are valid only for Italy, while value added tax will be excluded from the shipping costs of shipments to countries outside the European Union. The payment of goods by the customer will be carried out via the method chosen at the time of ordering. No additional fees or commissions are due to GPA.
12. GPA has no responsibility for delays in fulfillment of the order or delivery of the goods ordered.
13. Upon delivery – to be made at street level, never on a specific floor of the building - the customer must check that the number of packages (parcels) are same as indicated in the transport document and that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping). Any damage or a mismatch in the number of packages or particulars must be immediately reported to the courier who delivers them by writing the words "Accepted conditionally for ..." on the shipping document, indicating the exact defect. After having signed the slip without having written "Accepted conditionally for …", the customer cannot dispute the external characteristics of the delivery. Any problems concerning the physical condition, correspondence or completeness of the products received must be reported to GPA within 8 (eight) days of delivery, as provided herein. Even if the packaging is intact, the goods must be verified within 8 (eight) days of receipt.
14. Storage of products - In the event that the courier cannot deliver the goods for any reason like (unknown recipient address, recipient absent, refusal of the goods, cargo hijacking, etc.), the customer will be charged 12 (twelve) euros, VAT included, for the initial costs of storage, and 50% of the transportation costs of re-delivery. The costs will be billed to the customer.
15. If customer is in the European Union the prices on LANCASTER web-site include European VAT. If customer is not in the European Union, the prices on LANCASTER web-site do not include European VAT. To the item’s price you have to add, eventually, the shipping cost to the destination country.
Fees and Custom Duties
16. Orders for countries outside the European Union may be subjected to customs or import duties once the package reaches customer’s destination. Import charges do not depend on LANCASTER but on country Customs. These additional charges are the responsibility of the recipient. LANCASTER cannot control or predict these charges and their amount, because customs policies vary widely from country to country. If customer desire to have further information about Customs fees please contact Express Courier customer service in your country or the Customs or Excise. This import taxes can be required by the courier at the time of the delivery or later.
Return and Refund Policy
17. Under Article. 64 and following articles of Legislative Decree no. 206/05, the customer, as the final consumer, is entitled to rescind the purchase contract for any reason, without explanation and without penalty, except as indicated in paragraph 20.
18. To exercise this right, the customer must send a notice to that effect to GPA, within 10 (ten) working days of the receipt of the goods from the courier. Said notice must be sent by registered letter with acknowledgment of receipt (A/R), addressed to GPA s.r.l., via Roberto da Bari 120/Bis - BARI (ITALY), or by telegram or fax sent within the aforementioned period of 10 (ten) days, and followed by a confirmation registered letter with acknowledgment of receipt, mailed within 48 (forty eight) hours. Upon receipt of such notice of termination, GPA’s Customer Services will promptly notify the customer with instructions on how to render the goods, which must be received by GPA within 10 (ten) days of the authorization. The goods must be returned intact (as received and unused), with all their parts and in the original packaging (envelopes, boxes, cartons, packaging, etc.), possibly used with normal due diligence, without signs of wear or dirt.
19. The right of return is, however, subject to the following conditions: the right of return applies to products purchased in their entirety, it is not possible to have a refund for only a part of the product (i.e. accessories, etc.).The products must be returned intact and in their original packaging, complete in all of their parts (including packaging and any documentation and accessories: manuals, warranty, etc.); to limit damage to the original package, we recommend shipping it in a second box; in all cases the attachment of labels or tape directly onto the packaging of the product is to be avoided;
according to law, the shipping costs for returning the property to GPA are the sole responsibility of the customer; shipment, until confirmed receipt of the goods in the GPA warehouse, is entirely the responsibility of the customer; if the goods are damaged during transport, GPA will notify the customer (within 5 working days of receipt of the goods), to enable him to register a timely complaint against the courier, and be reimbursed the value of the property (if insured); in this case, the product will be made available to the customer for return, while at the same time the request for the return will be cancelled;
GPA does not respond in any way for damage or theft/loss of goods returned in uninsured shipments;
Upon the arrival of the goods in the warehouse, the product will be examined by GPA to assess any damage or tampering not caused during transportation. If the package and/or the original packaging are damaged, GPA will deduct a percentage from the refund due, no more than 10%, towards the cost of recovery.
20. Also in regards to the right to return, while reserving the right to apply any repair costs for damage to the original packaging, GPA will reimburse the customer the full amount already paid as quickly as possible and, in any event, within thirty (30) days from the date on which the communication regarding the consumer’s desire to exercise his right of return reached GPA. The refund will be made via the transfer of the amount charged to the customer’s credit card or via bank transfer. In any case, the buyer must promptly provide the data necessary and useful for obtaining the refund.
21. The right to return will be completely lost, because of a lack of the essential integrity of the goods (the packaging and/or its contents), if GPA establishes:
- missing outer and/or internal packaging;
- the absence of product components (accessories, manuals, parts, etc.);
- damage to the product for reasons other than transportation.
In case of forfeiture of the right of return, GPA will return the property purchased to the sender, charging him for shipping costs.
22. All products sold by GPA are covered by the manufacturer's standard warranty and a 24-month warranty for defects, as per DL 24/02. To make use of the assistance services covered by warranty, the customer must keep the invoice (or delivery notice) that he receives via email or the post.
23. The manufacturer's standard warranty is provided for in the manner described in the documents included in the packaging of the product. If, following inspection by an Authorized Service Center, the defect is not covered by the manufacturer's standard warranty, the customer will be charged for any costs of verification and repair requested by the Service Center, as well as transportation costs, if charged to GPA.
24. As per D.L. 24/02, the 24-month warranty applies to products that have a defect in conformity, provided that the product has been used correctly, in accordance with its intended use and as foreseen in the technical documentation. This warranty is only valid for the private consumer. In the case of non-conformity, GPA will provide for, without cost to the customer, the restoration of the product to conformity by repair/replacement or a price reduction, or even the termination of the contract. If, following inspection by an Authorized Service Center, the defect is not a lack of conformity as per D.L. 24/02, the customer will be charged for any costs of verification and repair requested by the Service Center, as well as transportation costs, if charged to GPA.
The right to return will be lost, for lack of the essential integrity of the property (the packaging and/or its contents), where GPA establishes:
- the product, or parts of it, have been used;
- missing outer and/or internal packaging;
- damage to the product for reasons other than transportation.
In case of forfeiture of the right of return, the goods will remain at the headquarters of GPA, available to the customer for collection at his expense.
25. Substitutions in the case of DOA (Dead On Arrival: a product that does not work at delivery) are foreseen only if expressly provided for by the manufacturer. The timeframe for replacement or possible repair of a product depends solely on the policies of the manufacturer.
26. If, for any reason, GPA is unable to give the customer a product under warranty (repaired or substituted), GPA will proceed at its own discretion to refund the entire amount paid or to replace the product with another having equal or better characteristics.
27. No damages may be asked of GPA for any delays in repairs or replacements.
28. In cases where the application of warranties provides for the return of the product, the product must be returned by the customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories).
29. The personal data requested during the placing of an order are collected and processed to meet the requests expressed by the customer and will not under any circumstances be licensed to third parties. GPA guarantees its customers full respect for the regulations on the processing of personal data covered by European laws.
30. All complaints must be addressed to GPA s.r.l., Via Roberto da Bari 120/Bis, 70122 Bari or by e-mail at firstname.lastname@example.org
31. For everything not expressly foreseen or provided for, the parties make explicit reference to Italian and EU legislation, both ordinary and special, regarding sales, consumer rights and e-commerce. The contract of sale between the customer and GPA s.r.l. is considered to have been concluded in Italy and governed by Italian law. For the resolution of civil and criminal litigation arising from the conclusion of this distance sales contract, if the customer is a consumer, the local jurisdiction is that of the reference court of his town of residence; in all other cases, the local jurisdiction is exclusively the Court of Bari (ITALY).