1.1 – The following general terms and conditions of sale apply to contracts concluded between Geoptik and its Customers (hereinafter the “Customer(s)”), via the website http://www.geoptik.com or any other means, concerning the goods listed in the catalog and the website itself.
1.2 – These conditions of sale apply to all contracts concluded online, fax, telephone or other means, are valid for one year from 01/01/2013.
1.3 – The Customer is required to keep these general conditions of the contract on paper or on the hard disk of his computer.
1.4 – These general conditions may be modified at any time by Geoptik.
- OBJECT OF THE CONTRACT
2.1 – By contract of sale is meant the contract concluded between Geoptik and its Customers, directly through the Internet, by means of fax, through its partners or other means, through the procedures predetermined by Geoptik, for the exchange of goods marketed by Geoptik with the price requested and visible on the Geoptik website.
2.2 – By Customer synthesizes the natural person in possession of the Fiscal Code (if Italian citizen) or any type of Company, Public Entity, professional or other type, in possession of regular VAT Number that purchases goods and services for purposes directly referable to the commercial or professional activity eventually carried out, according to the definition given by the Italian law.
- CUSTOMER INFORMATION
3.1 – The Customer is informed that:
- a) The supplier of the products is Geoptik with registered office in via Adda, 6, 37057 San Giovanni Lupatoto (Verona), P.Iva : 03295600237.
- b) The supplier can be contacted by e-mail at email@example.com.
- c) The technical steps of contract conclusion (if on-line) are as described in clause 4.1.
- d) Transportation and insurance costs are as outlined in clause 5.8
- e) Payment methods are by Bank Transfer, Cash on Delivery (if applied) Credit Card or by means of the PAYPAL system; other conditions are described in clause 5.9; 5.10; 5.11; 5.12; 5.13.
- f) The Customer benefits from the product warranty under the conditions stipulated in clauses 7.1; 7.2; 7.3; 7.4; 7.5 and 7.6.
- g) The products contained in Geoptik’s website are offered under the conditions and at the price next to them; any related changes will be brought to the Customer’s attention by e-mail.
- h) The conditions of sale and all other technical information that Geoptik gives the Customer, can be downloaded and printed using the functions provided by the customer’s navigation program.
- i) The technical characteristics and prices of the website are not contractual and are subject to change without notice.
- l) The purposes of the processing of personal data are those stipulated in clause 8.3.
- m) The prices and technical characteristics shown on the website or other medium may change and are not binding for Geoptik; only the acceptance of the order sent to the Customer by e-mail or fax with the confirmation of the order and the respective price shall be binding.
- HOW TO ORDER.
4.1 – To order products from the online catalog, it is necessary to be registered and the order is made according to the following steps:
- I) The Customer chooses, from the products listed in the Geoptik electronic catalog, the good he/she wishes to purchase by clicking on the appropriate button.
- II) The indication of the purchased good is recorded in a special list of goods that the Customer intends to order (shopping cart); the Customer can change the quantities or delete products.
III) The Customer approves the list of chosen goods and shipping costs by clicking on theappropriate button .
- IV) The Customer provides the required information, and being aware of all the relevant conditions of sale expresses his consent by clicking on the order confirmation button.
- V) The contract for the purchase of the good is finalized at the moment when the order is accepted by Geoptik.
- VI) Geoptik confirms by e-mail to the Customer the receipt of the order and its acceptance.
In the event that a good is not available for prompt delivery, the Customer will be notified by e-mail, and will have the opportunity to cancel the order; not receiving the cancellation of the order in writing, the same shall be deemed confirmed and will be shipped as soon as it is in Geoptik’s stock.
4.2 – ALL ORDERS SHALL BE DEEMED TO HAVE THE CLAUSE “UNLESS APPROVED BY GEOPTIK”
- TERMS OF SALE AND PAYMENTS
5.1 – Browse catalog prices shown “TO THE PUBLIC” are in Euros and include 22% VAT. Prices on the online site “to the public and retailers” do not include VAT.
5.2 – Prices quoted are “ex Geoptik warehouse”.
5.3 – In the event that Geoptik is unable to execute the contract due to unavailability, even temporary, of the goods it will notify the Customer by e-mail.
5.4 – Geoptik, in case of availability of the asset, undertakes to execute contracts as soon as possible.
5.5 – Geoptik executes the contract by delivering the good to the courier or mail.
5.6 – In the event that the Customer fails to collect the goods at the first attempt, any further expenses shall be borne by the Customer.
5.7 – In any case, Geoptik is third party in the relationship between Customer and carrier of the good.
5.8 – Transportation and insurance costs (if required, it is mandatory for the full invoice amount) are the responsibility of the Customer.
5.9 – Payments by personal checks are not accepted.
5.10- Orders with payment by Bank Transfer will be processed once the amount has been credited.
5.11 – Data for payment by bank transfer :
For transfers from Italy
BANCA VERONESE – CREDITO COOPERATIVO
IBAN: IT51V 08322 59770 0000 00606 743
BRANCH SAN GIOVANNI LUPATOTO (VERONA)
BENEFICIARY : GEOPTIK
For transfers from abroad:
CASSA DI RISPARMIO DI BOLZANO – SPARKASSE
IBAN: IT29W 06045 59770 0000 0500 0052
BRANCH SAN GIOVANNI LUPATOTO, VERONA
5.12 – Any costs for the regeneration of the product in case of return will be borne by the Customer.
5.13 – The “right of ownership” shall be encumbered on all goods until the entire invoice and any expenses have been paid.
5.14 – Any returns for credit resulting from the right of withdrawal of products that have been tampered with or that arrive broken or deteriorated at Geoptik’s warehouse, the cost for reconditioning and repair charges will be deducted.
5.15 – Orders destined for Individuals residing in another EU country, value added tax (VAT) will be charged at the rate established by the European Community relative to each individual country.
5.16 – Cash on delivery payments (if applicxed) will be burdened with collection costs of euro 4,00 + VAT.
5.17 – Paypal payments (firstname.lastname@example.org) will be burdened with costs for the collection in the value of 2% + VAT (currently not applied)
5.18 – The service of “DROP SHIP” is burdened with a handling fee per order, of euro 2.00 + VAT; in addition, payment must be made in advance via Paypal or credit card.
5.19 – For credit card payments, Geoptik uses the secure payment service (NEXI) of the company Banco Popolare which provides for the use of the SSL security protocol. Confidential credit card data (card number, cardholder, expiration date, security code) are encrypted and thus transmitted to the payment processor. Geoptik therefore NEVER has access to and cannot store the data of the credit card used by the user to pay for the Products.
- DELIVERY AND TRANSPORTATION TIMES
6.1 – Geoptik ships within 10 business days from the day it accepts your order. In case of any unforeseen event, the Customer is notified by email or other means.
6.2 – Geoptik is not responsible for delivery delays since it is not the “carrier” in this contract. The carrier is liable in its own right for the delivery of the goods to the Customer.
6.3 – Acceptance of packages sent by Geoptik, without having made a specific “reservation” to the carrier, causes Geoptik and the carrier to be released from all liability for any damages.
6.4 – The customer who does not communicate together with the order the means and name of the transporter he intends to use, hereby authorizes Geoptik to use the means and transporter it deems most suitable for the execution of the contract.
6.4.1 – The cost of transportation is calculated on the basis of the weight/volume ratio. This cost is defined by multiplying Side x Side X Height, divided by 4000. 1 cu m=250 kg.
7.1 – All Geoptik production is covered by a 2-year warranty on workmanship and materials from the date of its first purchaser.
7.2 – Damages resulting from misuse, accidental damage, inexperience, repairs by unauthorized personnel, or damage resulting from transportation are excluded from the warranty. We accept no liability other than for damage caused by our negligence or for manufacturing defects.
7.3 – Geoptik will, at its sole discretion, repair or replace free of charge the defective part that is covered by the warranty and that will be sent, freight prepaid, to the repair center with its original packaging and complete with all its original parts together with the owner’s name, surname, address, telephone or fax number, and e-mail address.
7.4 – IMPORTANT. Prior to any sending of material for replacement or repair You must request authorization from email@example.com, without which no package will be picked up by the Geoptik service center.
7.5 – The goods are considered returned at the time the carrier delivers them to the Geoptik repair workshop at via Adda, 6, 37057 San Giovanni Lupatoto (VR)
7.6 – This warranty and limited liability shall be governed by the laws of the Republic of Italy.
8.0 PROCESSING OF PERSONAL DATA
8.1- The Customer, for the purpose of the conclusion of the contract of sale , must indicate in the appropriate form on the site of Geoptik all personal data that are required.
8.2- Pursuant to Law No. 675 of December 31, 1996 (Protection of persons and other subjects with respect to the processing of personal data), Geoptik and all carriers used for shipments, are autonomous controllers of the processing of personal data.
8.3- The collection and processing of Customers’ personal data have the following purposes:
> to allow the personal identification of the Customer;
> to provide for all communications with the Customer;
> to allow the proper execution of the contract concluded with the Customer;
> to allow the carrier to deliver the goods to the address indicated;
> to process usage statistics and any other tool necessary for the operation of the business;
> to communicate product offers.
8.4 – The provision of personal data is necessary for the purposes of the required identification of the Customer and the proper execution of the contract. In the absence of such information, Geoptik reserves the right not to accept the order.
8.5 – Geoptik reserves the right to terminate the concluded contract for non-performance, in the event that the personal data indicated subsequently prove to be unsuitable for the proper execution of the contract.
8.6 – The Client undertakes not to communicate to Geoptik, at any stage of the relationship, false data or data of third persons. The Client undertakes not to make duplicate registrations. Geoptik reserves all legal action against violations and abuses in this regard.
8.7 – The Client is solely responsible for the correctness and accuracy of the personal data it communicates to Geoptik. In particular, the Client bears all liability arising from the issuance of erroneous tax documents due to errors related to the data it has provided.
- RIGHT OF WITHDRAWAL
In accordance with Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament on the protection of consumers in respect of distance contracts, the Customer has the right to withdraw from the contract concluded, without penalty and without specifying the reason, within the period of 14 working days from the day of their receipt. All costs of the return of the product(s) are expressly charged by the Customer, who will arrange for them to be forwarded to Geoptik’s logistics facility, subject to the authorization that will be assigned by Geoptik to the Customer. Geoptik will refund the Customer the amount paid, excluding shipping costs, within 14 days of receipt of the package. If re-importation is required, customs charges as well as re-importation VAT will also be charged to the customer. All items must arrive in the same condition as received, provided with the original packaging and any manuals, with no shortages. It is understood that the risks of transportation for the return of the items are fully borne by the Customer. Geoptik will accept the returned goods reserving the right to ascertain that the products have been returned in the state dorigine and with the original packaging (it is advisable to cover the original packaging of the product with other protective packaging that preserves lintegrity and also protects it from writing or labels). Otherwise, paragraph 5.14 of this contract will be applied. The Customer must also inform us of the means by which he wishes to receive the refund.
The “right of withdrawal” is applicable only in the case of sales “to the public” and only through “ON-LINE” sales
Traders and sales with VAT number, are excluded from the right of withdrawal.
10.1 – The Customer is required to download to the hard disk of his computer or print and keep the notices referred to in art. 4 Legislative Decree 22 May 1999 n. 185.
10.2- The placing of any orders, implies unconditional acceptance of the conditions of sale.
- JURISDICTION AND COMPETENT COURT
11.1 – Any claim for defects and/or faults in the material sold by Geoptik, must be received within 10 days of delivery by registered letter with return receipt; at the expiration, without contestation, of the aforesaid term will be valid as acceptance of the goods. Testimonial evidence on the timeliness of the disputes is also excluded.
11.2 – Any dispute relating to the application, execution, interpretation and breach of the contracts d’acquisto stipulated on-line through the site www.geoptik.com , or by any other means, is subject to Italian jurisdiction and will be exclusively competent the court where Geoptik has its registered office, by express and agreed will of the parties.