General terms and conditions of sale

These General Terms and Conditions of Sale (hereinafter, the “Terms”) govern the offer and sale of products under the “Cortigiani” brand (the “Products”) on this website (the “Website”), by Gefin Srl (VAT No. 02561890282), with registered office in Fontaniva (PD), Via del Lavoro no. 6.

Each user browsing the Website (the “User”) is invited to carefully read these Terms before placing an order (the “Order”). The submission of an Order implies full and unconditional acceptance of these Terms, which form an integral part of the sales contract (the “Contract”).

These Terms may be printed or saved on a durable medium, in accordance with Article 12 of Legislative Decree no. 70/2003 and Article 51 of Legislative Decree no. 206/2005 (the “Consumer Code”).

Any amendments to these Terms shall be effective as of their publication on the Website and shall apply exclusively to Orders placed from that date onwards.

1. Customers

The sale of Products on the Website is reserved exclusively to individuals of legal age acting as consumers, i.e. for purposes unrelated to any commercial, entrepreneurial or professional activity carried out (the “Customers”).

Gefin reserves the right not to process Orders placed by subjects other than the Customer or that do not comply with its commercial policy.

The Customer may be required to provide personal data such as first name, last name, email address and delivery address. The Customer undertakes to provide truthful, accurate and complete information. It is prohibited to place Orders using third-party identities or credentials.

The purchase of Products for resale purposes is strictly prohibited.

2. Purchase Procedure and Conclusion of the Contract

The Products offered for sale are exclusively those shown on the Website at the time the Order is submitted, as described in the relevant product information sheets.

The images accompanying a Product description are provided for illustrative purposes only and may not perfectly represent the Product’s characteristics, for example in terms of colour and size, also depending on the browser and monitor used.

In order to place an Order, the Customer shall complete the relevant electronic form and submit it to the Seller, following the instructions provided on the Website. Before submitting the Order, the Customer is required to verify the accuracy of the information entered and to review these Terms.

The submission of the Order constitutes a purchase proposal. Following receipt, the Customer will receive an email confirming that the Order has been received, containing the relevant identification number. Such communication does not constitute acceptance of the purchase proposal.

The sales Contract shall be deemed concluded only when the Seller sends the Customer a separate email confirming acceptance of the Order (the “Order Confirmation”). Until that moment, the Seller reserves the right not to accept an Order, for example in the event of unavailability, including subsequent unavailability, of the Products, without any liability towards the Customer.

In the event of partial unavailability, Customer Service will contact the Customer in order to arrange a partial shipment or the cancellation of the entire Order.

In the event of total unavailability, the Order will be cancelled and no amount will be charged.

3. Prices and Payment Methods

For shipments to countries within the European Union, the prices shown on the Website (the “Prices”) shall be inclusive of VAT.

For shipments to countries outside the European Union, the indicated Price shall be intended as the final all-inclusive amount for the Customer. Such amount is not subject to Italian VAT and includes shipping costs, customs duties and any other customs clearance charges, which shall remain entirely borne by the Seller. No additional costs shall be due by the Customer upon delivery.

Payments may be made through the main credit/debit card networks or other methods made available on the Website (the “Payment Methods”). At the time the Order is submitted, a pre-authorisation for an amount equal to the total Price will be requested. Such amount will not be immediately charged but will remain reserved until the Order is accepted. The actual charge of the Price will take place only upon acceptance of the Order by the Seller.

In order to ensure maximum security, Gefin uses a leading payment gateway. The information relating to the Payment Method is encrypted and transmitted directly to the payment processor via SSL (Secure Socket Layer) protocol.

At no stage of the payment process will Gefin be able to access the Customer’s credit card information. No Gefin IT archive will store such data and, therefore, the Seller cannot be held liable for any fraudulent or unlawful use of credit cards by third parties at the time of payment.

4. Shipping and Delivery

Gefin undertakes to deliver the Products through express couriers, in accordance with the times indicated during the purchase process and, in any case, within 30 (thirty) days from the date of the Order Confirmation.

The indicated delivery times shall be deemed purely indicative; any delay shall not entitle the Customer to refuse delivery or to claim compensation or damages.

Once the Products have been shipped, Gefin will send the Customer an email containing the tracking number to monitor the shipment status.

Upon delivery, the Customer is required to verify the integrity of the packaging and the correspondence of the number of parcels. Any anomalies (e.g. damaged or opened packaging) must be immediately reported by placing a written and specific reservation on the courier’s delivery document, and by promptly informing Customer Service. This procedure shall not prejudice the Customer’s rights under the statutory warranty.

5. Statutory Warranty for Non-Conforming Products

Gefin shall be liable for any lack of conformity of the Products existing at the time of delivery, pursuant to Articles 129 et seq. of the Consumer Code. The statutory warranty shall last 2 (two) years from the date of delivery of the Product.

In order to be compliant with the sales contract, the goods must correspond to the description, type, quantity and contractual quality and must have the functionality, compatibility, interoperability and other features as provided for in the sales contract.

In the event of lack of conformity, the Customer shall be entitled, free of charge, to have conformity restored by repair or replacement. Where such remedies are impossible or excessively burdensome, the Customer may request an appropriate reduction of the Price or termination of the Contract.

The Customer is required to report the lack of conformity within 2 (two) months from its discovery. The legal action to enforce defects shall be time-barred within 26 (twenty-six) months from delivery of the Product.

6. Right of Withdrawal, Returns and Exchanges

The Customer has the right to withdraw from the Contract (the “Withdrawal”) or to request the exchange of a Product (for size or colour change) within 14 (fourteen) days from the delivery date, without having to provide any reason. The request for an exchange for size or colour is subject to availability of the requested Product at the time Gefin receives the request.

In order to exercise such right, the Customer must send an explicit statement of their decision to the email address costumercare@cortigiani.it. The communication must include the Customer’s first and last name, the Order identification number and an indication of the Products for which the Customer intends to exercise withdrawal or request an exchange.

Following the request, Gefin will send the Customer an email confirmation with the return authorisation (“Return Authorisation”) and the shipping instructions. The Products must be returned within 14 (fourteen) days from receipt of the Return Authorisation, using the courier indicated by Gefin.

The Products must be returned intact, unused, unwashed or altered, complete with all tags, security seals, accessories and in their original packaging. The Customer shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal may be exercised only with respect to the purchased Product in its entirety; it shall not be possible to exercise withdrawal only on part of the purchased Product (e.g. components, accessories, etc.).

If, following inspection of the returned Products, Gefin finds a diminished value, it may deduct an amount corresponding to such diminished value from the refund due, without prejudice, alternatively, to the Customer’s right to have the Products returned, at their own expense, in the condition in which they were returned to Gefin.

Once the returned Products have been verified as compliant, Gefin will proceed, as applicable, with shipment of the replacement Product or with a refund of the Price paid by the Customer.

The refund will be made using the same payment method used by the Customer for the initial transaction, unless otherwise agreed.

In the event of forfeiture of the right of withdrawal, or if the return is not compliant, Gefin will return the purchased Product to the sender, charging the latter for shipping costs and, if already refunded, the price of the product.

7. Applicable Law and Dispute Resolution

These Terms and the Contracts governed thereby shall be governed by Italian law.

For any dispute arising from the interpretation or performance of the Contract, the mandatory territorial jurisdiction shall be that of the court of the Customer’s place of residence or domicile, if located within the territory of the State; or, at the Customer’s choice, the Court of Padua.

Any clause which, by providing for the applicability of the legislation of a State outside the European Union, deprives the consumer of the protection granted by mandatory provisions of the law that would otherwise be applicable, shall be deemed null and void.

The Customer is also informed that the European Commission provides a platform for the alternative out-of-court resolution of disputes (ODR platform), accessible at: http://ec.europa.eu/odr

8. Customer Service, Communications and Complaints

For any information, assistance or complaint, the Customer may contact Cortigiani Customer Service at the following details:

Email: costumercare@cortigiani.it
Phone: +390499415211
Hours: Mon–Fri 08:30–12:30 / 14:00–18:00

9. Final Provisions

The invalidity or ineffectiveness of any single clause of these Terms shall not affect the validity or effectiveness of the remaining provisions.

Any failure by Gefin to exercise its rights in relation to one or more breaches of this Contract shall not be construed as a waiver of such rights, either with respect to previous breaches or with respect to subsequent breaches of any contractual provision.

These General Terms and Conditions of Sale are protected by copyright and any reproduction, even partial, is prohibited.