This Website is a service of:

Gist Italia Srl

Headquarters: Via Balegante, 6 Riese Pio X (TV) 31039, Italy
Registered office: Via Castelmenardo, 55 Treviso (TV) 31100, Italy
CF – P.IVA IT04590900264
SDI:M5UXCR1
PEC: gistitalia@legalmail.it

Owner's email address: info@gistitalia.it

What you need to know at a glance

• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

• The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section are generally applicable.

Additional conditions of use or access applicable in specific situations are expressly indicated in this document.

By using this Website the User declares to satisfy the following requirements:

• There are no restrictions regarding Users as to whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.

It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.

Account Closure

The User is free to close his/her account and cease using the Service at any time by following this procedure:

• By contacting the Owner at the contact details in this document.

Account Suspension and Cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.

Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Contents on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.

Rights to the contents of this Website

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.

Permitted use

This Website and the Service may only be used within the scope of the purposes for which they are offered, under these Terms and applicable law.

It is the User's sole responsibility to ensure that his or her use of this Website and/or the Service does not violate any law, regulation or third-party rights.

Therefore, The Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any reprehensible activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:

• violations of laws, regulations and/or the Terms;
• infringement of third party rights;
• actions that may significantly harm the legitimate interests of the Data Controller;
• offences to the Owner or to a third party.

API Terms of Use

Users may access their data relating to this Website through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Website, is subject to the Terms and in addition to the following specific conditions:

• User expressly acknowledges and accepts that Owner is not liable for any damage or loss resulting from User's use of the API or third-party products or services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Website as part of the service are paid.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product Description

Prices, descriptions and availability of Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee as to the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each step, from choosing the product to placing the order, is part of the purchasing process.

The purchasing process includes the following steps:

• Users are requested to choose the desired Product and verify their purchase choice.
• After checking the information visible in the purchase choice, Users can place the order by forwarding it.

Sending the order

Sending the order entails the following:

• The sending of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an action by the User, such as the provision of personal information or data, specifications or special requests, the forwarding of the order also constitutes the obligation for the User to cooperate accordingly.
• Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Website:

• Depending on the section the User is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.

Payment methods

Details regarding the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.

All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.

In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment fails, the Owner reserves the right to request the User to reimburse any related expenses or damages.

Authorization for future payments via PayPal

If you authorize the PayPal feature that allows future purchases, this Website will store an identification code linked to your PayPal account. This will enable this Website to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.

Retention of title

Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchasing process.

Failure to deliver

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.

User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who benefits from the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

• In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.

• In case of purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.

Return shipping costs are the responsibility of the Owner.

Guarantees

Legal guarantee of conformity of the Product in accordance with European Union legislation

According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they habitually reside.

National laws of such country may grant such Users broader rights.

Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.

Common provisions

No Waiver Implied

Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the activity of the Service, the Owner will work to ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Reselling the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

Safeguard clause

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with reference to the subject matter regulated and prevail over any other communication, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be enforced to the fullest extent permitted by law.

European users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, by mutual agreement, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.

Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.

Prevalence of national law

However, regardless of the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

Competent court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Dispute Resolution

Amicable settlement of disputes

Users may report any disputes to the Owner, who will try to resolve them amicably.

Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 4 days of receiving it.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here .