Terms of Sale

General conditions of online sale

In force since 08/05/2022

The following General Conditions of Sale govern the offer and sale of products on this website www.giulianosantagatasas.com (Site). The products purchased on the Site are offered and sold by Giuliano Santagata & C sas, based in San Paolo di Civitate 71010 (Fg) VAT number 01613420718, Lucera court n. 2103, fully paid up share capital €490,634.05.

1. Scope
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. For this reason, users are invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by subjects other than Giuliano Santagata & C. sas who are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. Giuliano Santagata & C sas is not responsible for the supply of services and/or for the sale of products by such subjects. Giuliano Santagata & C sas does not carry out any checks and/or monitoring on the websites that can be consulted through these links. Giuliano Santagata & C sas is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.

2. Purchases on the Site
2.1 Access to sales made through the Site is reserved exclusively for users who have reached the age of 18.

2.2 Access to the offers on the Site is allowed both to users who are consumers and to users who have the quality of professionals. Pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, it should be remembered that the natural person who, in relation to the purchase of the Products, acts for purposes unrelated to any commercial, craft, entrepreneurial or professional activity, is considered a consumer; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or one of his intermediaries, has the quality of professional.

2.3 Giuliano Santagata & C sas reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Giuliano Santagata & C sas; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card; (iv) by users who have released false, incomplete or inaccurate identification data or who have not promptly sent Giuliano Santagata & C sas the documents requested by it on the basis of these General Conditions of Sale or who have sent invalid documents; (v) by users who do not give sufficient guarantees of solvency.

2.4 Under no circumstances may resellers or wholesalers or, in general, all persons who intend to purchase the Products for the purpose of subsequent resale, be able to make purchases on the Site.
It is, therefore, forbidden for these subjects to register on the Site and make purchases on the Site.

3. Registration on the Site
3.1 The purchase of Products on the Site is permitted both for registered users and for users who are not registered on the Site. Registration on the Site is free. To register on the Site, the user must complete the registration form accessible from the "Login" link on any page of the Site.

3.2 Registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no one has access to them, as well as to inform Giuliano Santagata & C sas without delay, by contacting her as indicated in art. 14, in case of suspected misuse and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to hold Giuliano Santagata & C sas harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of credentials of registration.

4. Information directed to the conclusion of the contract

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Giuliano Santagata & C sas informs the user that:

- the contract is concluded when the order form reaches the server of Giuliano Santagata & C sas;

- once the order form has been registered and confirmation of the authorization to pay the total amount due has been received, Giuliano Santagata & C sas will send the user, via e-mail to the indicated e-mail address, the order confirmation , containing a summary of the General Conditions of Sale and of the special conditions applicable to the contract, information relating to the characteristics of the Product purchased, detailed indication of the price, the means of payment used, delivery and billing data, delivery and any additional costs as well as Customer Service contacts, which the user can contact to request assistance and/or submit complaints. Please keep the e-mail received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form pursuant to art. 10 will be attached to the e-mail confirming the shipment of the purchased product. - the order form will be archived in the Giuliano Santagata & C sas database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, you can consult your account.

5. Validity of offers and prices 5.1 All Product prices are expressed in Euros (€) and are understood to be exclusive of Value Added Tax ("VAT"). Any taxes and additional costs will be indicated during check out, before the user completes the purchase.

5.2 The price of the Products may be modified by Giuliano Santagata & C sas at any time, without notice, it being understood that the price charged to the user will be that published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increases or decreases) in the price subsequent to the transmission of the order will not be taken into account.

5.3 Products at discounted prices may be offered for sale on the Site. The full price indicated on the Site (Barred Price) and with respect to which the discount that Giuliano Santagata & C sas applies is calculated corresponds to the list price published on the Site.

6. Purchase Orders - Product Information

6.1 Giuliano Santagata & C sas will process the purchase order, and then ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs , if applied, and any other additional cost, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered automatically terminated pursuant to and for the purposes of art. 1456 of the Civil Code. The user will be notified of this resolution and of the consequent cancellation of the order immediately after the transmission of the order, through the Site.

6.2 The Products will remain the property of Giuliano Santagata & C sas until payment has been made by the user of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Giuliano Santagata & C sas, however, will be transferred to the user when the user, or a third party designated by him and other than the carrier, physically takes possession of the Products.

6.3 The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by users to display them. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent to the user will prevail.

7. Availability of Products
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract, except for the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code or in any case in which the payment of the Total Amount Due has already taken place, Giuliano Santagata & C sas, without prejudice to the user's right to compensation for damages, will reimburse the said amount without undue delay and, in any case, within the maximum term of 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any credit delays may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit.

7.3 In the case of orders involving a plurality of Products (Multiple Order), if the unavailability concerns only some of the Products covered by the Multiple Order - without prejudice to the rights attributed to the user by law, and, in particular, by the Head XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2 above, if the unavailability concerns all the Products covered by the order – Giuliano Santagata & C sas will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product/s that have become unavailable, except for the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, in relation to the Product(s) which have become unavailable or in any case in which the payment of the Total Amount Due has already been made, Giuliano Santagata & C sas, made except for the user's right to compensation for damages, he will reimburse the amount due in relation to such Product/s, including delivery costs, calculated as indicated in art. 8.3 below, and any other additional cost due in specific relation to these Products (Partial Amount Due) without undue delay and, in any case, within the maximum term of 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any credit delays may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order which have become unavailable with respect to the other Products covered by the Multiple Order available.

. Delivery of the purchased Products

8.1 The deliveries of the purchased Products are made in Italy, with a standard service. Any delivery limitations will be indicated from time to time on the Site.

8.2 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be reimbursed to the user will be quantified in proportion to the value of the Product subject to withdrawal.

8.3 The delivery obligation is fulfilled by transferring the material availability or in any case control of the Products to the user. It is up to the user to check the condition of the Product that has been delivered to him/which he has collected. It being understood that the risk of loss or damage to the Products, for reasons not attributable to Giuliano Santagata & C sas, is transferred to the user when the user, or a third party designated by him and other than the carrier, materially takes possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The receipt of the Products without reservations, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and except for the partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid. At the time of delivery, nothing is due to the courier.

8.4 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

9. Methods of Payment
9.1 Payment for the Products can be made by credit card, using the PayPal payment solution. In the event that one of these means/payment solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.

9.2 The commercial invoice will be sent by email. For the issuance of the invoice, the information provided for this purpose by the user will prevail, which he declares and guarantees to be true, undertaking to hold Giuliano Santagata & C sas harmless and indemnified from any damage, including penalties issued by the competent authorities, which may to the same derive in the case of non-correspondence to the truth of the same.

9.3 Payment by credit or debit card

9.3.1 Payment for the Products can be made by credit or debit card directly through the Site. Giuliano Santagata & C sas accepts cards from the VISA, Mastercard and American Express circuits. At the time the order is sent, no charge will be made on the credit card used by the user for payment. The charge will be made only after (i) the details of the credit card used by the user for payment have been verified and (ii) the company issuing the credit card used by the user has released the debit authorization . In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.

9.3.2 In order to guarantee the security of payments made on the Site and to prevent any fraud, Giuliano Santagata & C sas reserves the right to ask the user, by e-mail, to send, by the same means, a copy facing / back of your identity card and, if the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. The deadline within which the document must reach Giuliano Santagata & C sas will be specified in the request e-mail. This term will not, in any case, exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated term.

9.3.3 In the event that Giuliano Santagata & C sas does not receive these documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 of the civil code and the order consequently cancelled, without prejudice to the right of Giuliano Santagata & C sas to compensation for any damage it may have incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by Giuliano Santagata & C sas, will result in the cancellation of the order, with consequent repayment of the Total Amount Due.

9.3.4 In the event of receipt by Giuliano Santagata & C sas of valid documentation within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.

9.3.5 Confidential credit card data (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers of which Giuliano Santagata & C sas. Giuliano Santagata & C sas therefore never has access to and does not store the data of the credit card used by the user to pay for the Products, except, limited to the data relating to the cardholder, the case provided for by articles 9.3.2 and 9.3.3.

9.4 Payment via PayPal payment solution

9.4.1 Payment for the Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as the means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Giuliano Santagata & C sas. The latter is therefore not able to know and does not store in any way the credit card data connected to the user's PayPal account or the data of any other payment instrument connected with this account.

9.4.2 In the case of payment through PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason , the refund amount due to the user will be credited to the PayPal account of the same. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Giuliano Santagata & C sas cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact directly to PayPal.

10. Right of Withdrawal
10.1 The user who plays the role of consumer has the right to withdraw from the contract concluded with Giuliano Santagata & C sas, without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;

b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;

c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece .

10.2. To exercise the right of withdrawal, the user must inform Giuliano Santagata & C sas of his decision to withdraw, before the expiry of the Withdrawal Period.

10.3 To this end, the user can use the standard withdrawal form (Standard Withdrawal Form) made available to him in the Contact Us section of the Site, via the appropriate link, before concluding the contract. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the user's interest to use a durable medium when communicating his/her withdrawal to Giuliano Santagata & C sas.

10.4 For the return of the Product, the user, after having exercised the right of withdrawal in the manner indicated in this article, will be contacted by the Customer Service of Giuliano Santagata & C sas who will provide the instructions for returning the Product. The direct costs of returning the Product are charged to the customer. The return of the Product to Giuliano Santagata & C sas takes place under the responsibility of the user; the product is considered returned when it is delivered to the carrier. If the user has used a discount code (see infra sub 11) to purchase the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not even with regard to the value of the discount code.

10.5 If the user withdraws from the contract, Giuliano Santagata & C sas will reimburse the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Giuliano Santagata & C sas has been informed of the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the user for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement. The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the user on the Site, before the conclusion of the contract, through a specific link and through the "Right of Withdrawal" link, present in the footer of the Site as well as attached to the shipping confirmation e-mail.

10.6 In the event of partial withdrawal, the amount of the delivery costs to be returned to the user following the withdrawal will be calculated as indicated in the art. 8.3 above.

10.7 The user is solely responsible for the diminished value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.

10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Giuliano Santagata & C sas will notify the user within 5 working days of receiving the Product, rejecting the request for withdrawal. The Product, if already received by Giuliano Santagata & C sas, will remain at Giuliano Santagata & C sas at the user's disposal for collection, which must take place at the expense and under the responsibility of the user.

10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Giuliano Santagata & C sas will notify the user of the circumstance and of the consequent reduced refund amount within 5 working days of receiving the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease of
Product value.

10.10 In the event that, using one of the hypotheses of the law, the right of withdrawal does not find application, this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns: (i) made-to-measure or clearly personalized products; (ii) sealed products that do not lend themselves to be returned for hygienic or health protection reasons, which have been opened after delivery.

10.11 Regardless of the possibility of exercising the right of withdrawal, Giuliano Santagata & C sas offers the user the possibility of exercising the right of return, according to the terms and conditions indicated on the "Information on Refunds" page on the Site. The right of return is added to and does not replace the right of withdrawal governed by the preceding articles.

11. Discount codes
11.1 On the Site it is also possible to purchase using discount codes issued by Giuliano Santagata & C sas.

11.2 Discount codes cannot be combined with each other for a single purchase. Discount codes cannot be used to purchase products already on promotion. It is not possible to use discount codes for payments of expenses lower than their value. Each discount code can only be used for one purchase. In no case do discount codes entitle you to a refund in the case of purchases of a lower amount.

11.3 Any products for which it will not be possible to use the discount codes will be duly reported on the Site. In the event of cancellation for any reason of an order for which a discount code has been used, the relative amount will be re-credited to the customer's personal account .

11.4 In no case can discount vouchers be converted into cash.

2. Legal Guarantee of Conformity
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee).

TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made the purchase on the Site. To those who have purchased on the Site and who do not cover the quality of consumers, the guarantees for defects of the thing sold will be applied, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

WHEN IT APPLIES

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of such
delivery if sold with receipt or else one year if sold with invoice. The lack of conformity must be reported to the seller, at the addresses indicated in art. 14. Unless proven otherwise, it is assumed that the lack of conformity which occurs within one year of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the thirteenth month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this proof, the user should keep the purchase invoice, which Giuliano Santagata & C sas sends him, or any other document that can certify the date of the purchase (for example the credit card statement) and the delivery date.

WHAT IS THE DEFECT OF CONFORMITY

There is a lack of conformity when the purchased good: - is not suitable for the use for which goods of the same type are normally used; - does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model; - it does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling; - it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted. Any faults or malfunctions or defects of any other type caused by accidental events or by the user's responsibility or by use of the Product that does not comply with its intended use and/or with the provisions of the documentation are therefore excluded from the scope of the Legal Guarantee technique attached to the Product, where existing, or in the instructions for use relating to the same.

REMEDIES AVAILABLE TO YOU

In the event of a lack of conformity duly reported within the terms, the user has the right: - primarily, to the free replacement of the goods, unless the remedy requested is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case , considering the type of sale, to replacement, where this is possible in relation to the number of specimens still available for sale; - in a secondary way (i.e. in the event that the replacement is impossible or excessively burdensome or the replacement has not been carried out within reasonable terms or the replacement previously carried out has caused significant inconvenience to the consumer) to the termination of the contract. The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be tried, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) of the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.

WHAT TO DO IN THE PRESENCE OF A DEFECT OF CONFORMITY

In the event that a Product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user
must contact Customer Service, at the addresses and in the manner indicated in art. 14. Giuliano Santagata & C sas will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also to agree on the methods of shipment of the goods, also taking into account the product category to which the Product belongs and/ or of the reported defect.

REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL WARRANTY

In the event of termination of the contract, Giuliano Santagata & C will refund the user the total amount paid, consisting of the purchase price of the Product, including shipping costs. In the event of a price reduction, Giuliano Santagata & C will return the amount of the reduction, previously agreed with the user. Alternatively, the user can choose to receive a voucher, which can be spent on the Site, of a value equivalent to the amount of the refund or, respectively, of the reduction to which he is entitled. The amount of the refund or reduction will be communicated to the user via e-mail and credited to the means or payment solution used by the user for the purchase. Giuliano Santagata & C is not responsible in case of damages, of any nature whatsoever, deriving from the use of the Product in an improper way and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.

13. Applicable law and jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
13.1 The contracts concluded between the users of the Site and Giuliano Santagata & C are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

13.2 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place in which the user resides or has elected domicile is competent.

13.3 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Giuliano Santagata & C sas informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has presented a complaint directly to Giuliano Santagata & C sas, following which however it has not been possible to resolve the dispute thus arisen, Giuliano Santagata & C will provide the relevant information to the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and ss. Consumer Code), specifying whether or not it intends to make use of these bodies to resolve the dispute itself. Giuliano Santagata & C sas also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address
http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved. In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations by recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.

13.4 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

14. Customer Service and Complaints
14.1 It is possible to request information, send communications, request assistance or file complaints by contacting Customer Service in the following ways:

- by mail, writing to Giuliano Santagata & C sas Via San Severo ss16 km48+540 71010 San Paolo di Civitate (FG); - by filling in the form on the "Contact" page.

14.2 Giuliano Santagata & C sas will respond to complaints presented within two working days of receipt of the same.