Contents:

General conditions of use and sale

These general conditions of sale govern the sale of products marketed by this site.

All contracts for the purchase of products on the site of Gerhò Spa will be governed by the following conditions of sale.

Art. 1 - Scope of application

For the sale and purchase contracts concluded online between Gerhò Spa (hereinafter supplier) and the customer through the website www.gerhoshop.com the conditions established in this agreement, including any future amendments, as well as the rules of the Italian civil code, if and insofar as this agreement recalls them, shall apply exclusively. For contracts of sale and purchase, the provisions of the civil code respectively of the substantive Italian law shall apply in any case.

The supplier does not recognize different conditions proposed by the customer, unless these have been drawn up and explicitly accepted in writing prior to the conclusion of the individual purchase and sale agreement, for which they are effective.

The supplier reserves the right to change these contractual conditions in whole or in part. The current text of the contract conditions will be published at www.gerhoshop.com. The new text will automatically take effect 30 days after publication. Any change in the contractual conditions will be indicated by special notice visible for at least 60 days on the site access page.

If the customer does not accept the changes or does not agree with the contractual conditions as amended, he/she may withdraw from them without charge and retroactively until the date of the entry into force of the new clauses.

For orders placed after the entry into force of the new text, however, only the new contract terms as amended shall apply.

At www.gerhoshop.com the current version of the contractual conditions can always be viewed and/or downloaded.

Article 2 - Internet sales contract.

The order placed by the customer via the website www.gerhoshop.com represents a contractual proposal addressed to the supplier. Before being shipped, the entire contents of the order are displayed on the customer's screen, showing a detailed list of the goods ordered (quantity, price per unit, recognized discount) and total price.

If the customer validates the order by clicking on the "Buy" button, he will receive an e-mail confirming that the supplier has received the order. This e-mail contains a summary description of the ordered goods, quantity and acknowledged price, as well as shipping costs and payment terms, if applicable. The customer is required to check the individual items of the order placed and can detect any errors by e-mail, fax or, during business hours, also by telephone.

The contract between the supplier and the customer will be considered concluded when the customer receives the aforementioned confirmation e-mail.

In case of an order for temporarily unavailable goods, the customer may receive said ordered goods at a later time with a subsequent shipment.

The supplier for goods ordered and exceptionally not available for shipment reserves the right to withdraw from the contract with a commitment to communicate this as soon as possible directly to the customer.

The customer is obliged to check the supply as soon as it reaches its destination.

Art. 3 - Username and Password

Access to the order area - online is possible through a personal account, consisting of a user code and a corresponding secret password. The user code and secret password will be communicated to the customer by e-mail.

The customer is the sole owner of the personal account; the access code and secret password are confidential and cannot be made accessible or given to third parties. The customer is solely responsible for maintaining and using the account.

The customer is liable for every order placed with his account, even if it was placed without his consent. The provider is not responsible for the use of the account by third parties, except through his own fault.

Creation of an account as well as deletion are free of charge. At any time the customer may request, in writing and also by email, the cancellation of his account. The cancellation will be made within 8 (eight) days from the confirmation of the cancellation request.

Article 4 - Prices

Our prices are displayed both including VAT (for the French market only) and excluding VAT and do not include shipping costs, which are the responsibility of the customer. The price is understood to be the one charged at the time of the order as it appears in the electronic catalog except for typographical errors. It is not possible to order goods at a price different from the one in force on the day of the order. Gerhò Spa reserves the right to vary prices without further notice.

Article 5 - Right of Ownership

The goods supplied remain the property of the seller until complete compliance with all conditions agreed upon between seller and customer and until full payment is made.

Art. 6 - Delivery of the goods

Goods are shipped to the customer at the address indicated for each individual order.

The indication by the customer of a peremptory or essential delivery date is not accepted by the supplier and is in any case non-binding for him. Delivery of the goods shall be made in the shortest possible time and in any case within 30 days after confirmation of the order. The supplier is not responsible for the delay, if delivery terms have been agreed upon. In any case, the supplier shall notify the customer of any delay in the delivery of the ordered goods, if the same exceeds the limits of normal tolerance.

The total amount due for the order, shipping and any additional invoiced charges shall be paid by the customer in the manner of payment established at the time of registration by the customer.

The supplier does not accept orders containing penalty clauses. In any case, if a penalty clause for late delivery has been added to an order by the customer, the clause shall be considered null and void, even if it has been accepted and confirmed by the supplier.

In case of unpaid invoices, the supplier shall have the right to terminate this agreement, the individual purchase and sale agreement or any part thereof, or to suspend its performance or delay it.

If the supplier through no fault of his own is unable to fulfill the customer's order, he is entitled to terminate the agreement. In such a case, the supplier shall inform the customer as soon as possible that part or all of the goods cannot be delivered.

If it is impossible to deliver the order to the given address, the supplier assumes no responsibility.

Likewise, the supplier is not liable, if, due to the customer's non-acceptance and/or impossibility of delivery, the goods are lost.

For the loss of the goods during shipment, the supplier assumes no responsibility.

If the customer prospects that There are damages resulting from transportation or that from the damaged packaging goods have been removed, he shall refuse delivery. In any case, the customer must promptly notify our company in writing and keep the packaging.

Art. 7 - Right of withdrawal

The customer has the right to withdraw from the contract, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the goods.

To exercise the right of withdrawal, the customer must inform us of his or her decision to withdraw from

this contract by means of the standard withdrawal form referred to in Article 10 of these conditions. This form should be completed and sent electronically to shop@gerho.it. In this case, we will send the customer an acknowledgement of receipt of the withdrawal by e-mail without delay.

To comply with the withdrawal period, it is sufficient for the customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

Article 8 - Effect of withdrawal

Should the customer withdraw from this contract, he/she shall be refunded all payments he/she has made to us, including delivery costs (with the exception of additional costs resulting from any choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day we are informed of the decision to withdraw from this contract. Said refunds will be made using the same means of payment used by the customer for the initial transaction, unless the customer has expressly agreed otherwise; in any event, the customer shall not incur any costs as a consequence of such refund. Refunds may be suspended until receipt of the goods or until the consumer demonstrates that he or she has returned the goods, whichever is earlier.

You are requested to send the goods back or deliver them to us at "Gerhò Spa, via Negrelli n. 4 - 39100 Bolzano (BZ), Italy" without undue delay and in any event within 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if the customer returns the goods before the expiration of the 14-day period.

Article 9 - Model withdrawal form - in accordance with Article 49, paragraph 1, letter h) -

(complete and return this form only if you wish to withdraw from the contract)

- Recipient [name, geographical address and, if available, telephone number, fax number and e-mail addresses are to be entered by the practitioner]:

- I/we hereby notify you of my/our withdrawal from my/our contract of sale of the following be-ni/services ......................................................................................................................................................

-Ordered on _________ received on _____________

-Name of consumer(s).

- Address of the consumer(s)

Article 10 - Liability.

The warranties of the respective manufacturers apply to the purchased goods. Technical service as well as the conditions of the warranty are assumed by the manufacturers who repair the goods at one of their technical service points. The seller's legal representatives and employees disclaim all liability to the customer except in cases of willful misconduct and gross negligence.

Art. 11 - Warranty

The products purchased through Gerhò Spa on-line shop are subject to the discipline on sales contracts and warranties concerning consumer goods and to the specific provisions provided on the subject by the Civil Code ex art. 1490 et seq. This warranty will apply to the product that presents conformity defects and / or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence and that is in compliance with its intended use and as provided in any technical documentation, with compliance with the various operating rules specified therein. On the other hand, the aforementioned warranty will not be applicable in the event of negligence, carelessness in the use and maintenance of the product, connection of what has been purchased to electrical systems or any other type of connection that is not in compliance with regulations.

Art. 12 - Miscellaneous

We reserve the presence of any errors, technical data not present and writing errors.

Art. 13 - Duration of the agreement

The duration of this agreement is indefinite. Both contracting parties may, at any time, withdraw from it by written notice by e-mail. If the customer withdraws, his account shall be cancelled within 8 (eight) days from the confirmation of the cancellation. All orders until the actual cancellation of the account are valid and subject to the terms of this agreement.

If the customer is in default with the payment of an invoice, the supplier has the right to suspend access to the online ordering system.

Article 14 - Validity of the agreement

If an individual provision or article of this agreement is partially or totally invalid, ineffective or void, i.e., unenforceable against the customer, this does not prevent the validity of the other provisions of this agreement.

Article 15 - Antivirus Protection and Privacy.

The supplier uses antivirus software that protects both the online site and e-mail communication, and in so doing fulfills ordinary diligence, thereby reducing the possibility of infection. The provider makes no guarantee that the site and the e-mails it sends are virus-free.

In application of the provisions of the regulations dictated by the GDPR 2016/679 (General Data Protection Regulation, European Regulation on the Protection of Personal Data), the following information is provided about the processing of personal data acquired by the company Gerhò Spa in relation to the provision of the requested services:

(a) the data provided by the customer are used exclusively upon prior consent for the following purposes: for sending commercial information, including on future commercial initiatives and on announcements of new products, services and offers, for direct sales, for the management and protection of credits in favor of the company Gerhò Spa.

b) The code gives the interested party the right:

1) to obtain from the owner the confirmation of the existence or not of his personal data and their communication, even if they have not yet been stored, as well as their communication in an intelligible form. He/she may also request to know the origin of the data, the purposes and methods of processing;

2) to request the immediate and irreversible deletion of illegally collected and processed data, or their transformation into anonymous form, or the blocking of such data;

3) to obtain immediate updating, rectification or integration;

4) to obtain immediate confirmation that the activities under 1), 2), 3), as well as their content, have also been communicated to third parties, who are aware of the data, if such communication is not impossible or disproportionately burdensome, always taking into account the nature of the protected right;

c) the complete information on the processing of the customer's personal data is always available and downloadable on the supplier's website at www.gerhoshop.com.

The supplier declares that the collected data are not handed over to third parties, especially not for advertising purposes, except with the customer's prior consent. The data are eventually handed over to the specific individual manufacturer of the ordered goods in order to activate guarantees.

Art. 16 - Applicable rules and election of the place of jurisdiction

For any legal issues not regulated in this agreement, the rules of the Civil Code and the rules contained in the relevant special laws shall apply.

The Italian legal system shall apply.

Any disputes relating to the application, execution, interpretation and breach of this agreement or of the individual sales contracts concluded online via the website www.gerhoshop.com shall be subject to Italian jurisdiction and shall fall under the exclusive jurisdiction of the Court of Bolzano.

Pursuant to Art. 1341 ff. of the Italian Civil Code, the customer declares that he/she has carefully read the content of the clauses Art. 1 (scope of application), Art. 2 (conclusion of purchase and sale contract), Art. 3 (username and password), Art. 6 (delivery of goods), Art. 7 (right of return), Art. 11 (warranty), Art. 13 (duration of the agreement), Art. 14 (validity of the agreement) and Art. 16 (applicable rules and election of the competent court) of this agreement and gives his/her express consent to them.