FOREWORD
These Conditions of Sale exclusively govern the relationship between Gobuild S.r.l. and the Customer, taking precedence over any other documentation from the Customer. Gobuild S.r.l. reserves the right to amend, supplement or vary these Terms of Sale.
Gobuild S.r.l., through the Site www.myrisedfloor.it, sells and delivers the items presented in the online catalog throughout the country, including the islands.
The goods and services covered by these general conditions are offered for sale by Gobuild S.r.l., headquartered in Padua, Via Prima Strada, no. 20, int. 10, registered with the Padua Chamber of Commerce under no. PD-466668 of the Register of Companies, tax code and VAT number IT05425320289.
Before proceeding with the purchase of Products or Services in the manner set forth in these General Conditions and indicated on the website www.myraisedfloor.it, the Customer expressly declares that he/she has carefully read and fully accepted the contents of these General Conditions as well as having read any indication provided during the purchase procedure. Gobuild S.r.l. invites you to keep a copy of these general conditions for ready reference. These general conditions of sale form an integral part of any purchase order and contract of sale of the Products and/or Services marketed by Gobuild S.r.l. on the website www.myraisedfloor.it, in force on the date of the relevant order.
Access to www.myraisedfloor.it and the data contained therein is subject to the legal notices below. Any access to the site, after opening the home page, is understood to be acceptance of the following legal notices.
The information, logos, graphics, sounds, images, trademarks, and anything else published and/or reproduced on the site www.myraisedfloor.it are owned by or granted for use to Gobuild S.r.l., so it is prohibited to modify, copy, reproduce, distribute, transmit or disseminate without permission the content of the site www.myraisedfloor.it.
GOBUILD S.r.l. assumes no responsibility in relation to the content published on third party sites linked to its Site, the interconnection with them or their contents.
Article 1 – Definitions
The term “General Conditions” means this document.
The term “Customer” generically means the person, whether consumer or professional, who makes a purchase of Products according to the instructions on the Site www.myraisedfloor.it and in the General Conditions.
The term “Products” means all products marketed by Gobuild S.r.l. at www.myraisedfloor.it and forming part of its assortment.
The term “Services” means all services marketed by Gobuild S.r.l. at www.myraisedfloor.it.
The term “Site” means the set of Web pages accessible by typing the url: www.myraisedfloor.it.
The term “Purchase Order” means the order from the Customer – containing details of the Products and Services – that is generated by the system following confirmation of payment.
The term “Contract of Sale” means the contract of sale finalized between the Customer and Gobuild S.r.l. with the Purchase Order confirmed by Gobuild S.r.l. upon payment of the specified amount.
The term “Installer” refers to the third party and external to Gobuild S.r.l., who, as an individual and/or a company, professionally performs the activity of laying raised flooring for exterior and/or interior use.
Article 3 – Method of entering into the contract
The Customer may purchase the Products and Services as illustrated in the information sheets on the pages of the Site. The Purchase Order, following payment, can neither be modified nor cancelled.
The Purchase Order counts as the Customer’s contractual proposal manifested online. The order confirmation from Gobuild S.r.l., subsequently transmitted to the Customer to the e-mail address provided by the Customer, confirms the order data and is valid as acceptance of contractual proposal. Order Confirmation by Gobuild S.r.l. will occur only upon full payment for the Products specified in the Purchase Order. The contract is concluded and is binding on both Parties, the moment the purchase order confirmation is sent to the Customer. The Order Confirmation will contain a summary of the order, in which will be stated the details of the order, the price of the purchased good, the shipping costs and any additional ancillary charges, the address where the Product will be delivered, the type of delivery chosen by the Customer.
Gobuild S.r.l. reserves the right to reject the purchase proposal received from the Customer in exceptional cases, such as, but not limited to, goods out of production, warehouse errors, sudden unavailability of the product, errors in typing prices. In such cases Gobuild S.r.l. will contact the Customer to offer alternatives or cancel the order itself, within a maximum period of seven days after receipt of the purchase order. In the aforementioned cases, Gobuild S.r.l. will still refund any amounts paid.
Article 4 – Payment and reimbursement arrangements.
Any payment by the Customer may be made by bank transfer or credit card. By entering the credit card information, payment will be made immediately with simultaneous charge to the credit card in the manner provided by the credit card provider. If the banking institution notifies Gobuild S.r.l. of any irregularity regarding the credit card used, Gobuild S.r.l. will proceed with the cancellation of the order. Any refund to the Customer will be made in the same manner in which payment was made by the Customer. If reimbursement is made by Bank Transfer, the same may be finalized only where the account holder is the same person who made the Purchase Order. In case of exercising the right of withdrawal Gobuild S.r.l. reserves the right to withhold the refund until it has received the goods and verified the state of integrity of the same.
Article 5 – Time and manner of delivery
Gobuild S.r.l. will deliver the Products purchased under the terms indicated with the Order Confirmation sent following the purchase by the Customer, only and exclusively in the Italian territory, to the address indicated by the Customer. The delivery times indicated will be for guidance only. The Customer, through the formulation of its purchase order, undertakes to verify that the information present is correct and complete. Any special conditions related to access routes to the given address that would prevent or make the delivery itself less easy must be communicated by the Customer. In pedestrian areas, delivery will take place up to the point where the vehicle has accessibility. In all cases, delivery will take place at street level. The customer may expressly request a type of delivery within the place of delivery, in which case Gobuild S.r.l. will charge the additional cost of the delivery service on the invoice. Delivery may be made, at the Customer’s request, to a trusted installer who is available for this purpose. If the goods are delivered to a third party, the Customer must specify a delivery address, different from the billing address. Gobuild S.r.l. shall not be held liable in any way in the event that the third party designated by the Customer for delivery refuses to receive and unload the goods at the time of delivery. Following the delivery of the goods to the address indicated by the Customer, Gobuild S.r.l. shall not be held responsible in any way about, but not limited to, the use, storage, movement of the goods purchased by the Customer, which shall remain in the custody of the person or organization indicated by the Customer. Tax documentation (courtesy copy of the invoice issued in electronic format) is sent to the e-mail address provided by the Customer at the time of purchase. Upon delivery of the Product, the Customer, or its designee, is required to check that the number of packages being delivered corresponds to the number indicated on the Courier’s accompanying document and that the packaging is intact. Once the Courier’s transport document has been signed, the Customer can no longer object to the quantity and quality of what has been received. Gobuild S.r.l. is exempt from liability for delays due to causes not attributable to it, such as, but not limited to, difficulties in obtaining raw materials, strikes, power shortages, natural disasters, inaccuracies on the part of the Customer. In such cases, the Customer shall not be entitled to compensation and/or indemnification of any kind.
Shipments that exceed in weight and/or amount the maximum values provided by the transportation system will be divided into several shipments of weight and/or amount within the maximum values; in this case, shipping charges will apply for each individual shipment.
In the event that the purchased products are damaged at the time of delivery, the Customer must proceed to the withdrawal of the goods, signing the courier’s proof of delivery subject to control, indicating type of damage present on the packaging and keeping the packaging itself, for the purpose of the management of any return. In the event of unqualified acceptance, Gobuild S.r.l. assumes no obligation with respect to requests for returns and/or refunds. In any case, this is without prejudice to the Customer’s right to subsequently report damages “not recognizable” at the time of delivery by filing a claim, which must be received no later than 8 days from the time of delivery. Any reports and/or complaints received after the period of 8 days after receipt of the goods cannot be accepted.
Any complaint can be submitted to Gobuild S.r.l. by filling out the Form on the website www.myraisedfloor.it, under the section …
Article 6 – Customized Quote and Laying Service
The Customer, by accessing www.myraisedfloor.it, has the opportunity to request a customized quote, which includes the costs of both the supply of products and their installation. By completing the form on the Site, the Client consents to the processing of the personal information entered for the purposes necessary to produce the cost estimate. The estimate is prepared on the basis of the information communicated by the Customer and, with regard to the costs of installation of the products he intends to purchase, has merely indicative value, being subject to variations following the subsequent inspection carried out directly by the Installer. Gobuild S.r.l. may disclose the data provided by the Customer when filling out the online form to Installers, who carry out the installation of raised flooring for exterior and/or interior use. The third-party professional may contact the customer for the purpose of conducting an inspection, if any, and prepare the estimate to the customer, regarding the installation phase of the products purchased by the customer or that it will purchase.
Gobuild S.r.l. does not perform the Laying Service through its own operators, but forwards a request for inspection to selected specialized craftsmen throughout the National Territory. The Client, after making the purchase of products on the site, or at the time of filling out the request for quotation, according to the indications provided by the same, in case of deemed necessity and/or opportunity, is contacted by the third party professional to agree on the day and time slot for performing a preliminary inspection. The cost of any subsequent inspection and installation work will be borne by the Client and agreed with the Installer.
Gobuild S.r.l. in any case does not assume any responsibility about any laying assignment given to the Installer by the Customer for products purchased by the customer on the portal ww.myraisedfloor.it. Gobuild S.r.l. in no event shall be liable for any agreements made between the Installer and the Customer, nor for the conduct of the Installer and/or the Customer with respect to the phase of laying the products purchased by the Customer, in the event that the Customer accepts the offer of the Installer for the purpose of performing the activity of laying the Products.
Article 6 – Prices
All sales prices of the products shown within the Site are expressed in euros inclusive of VAT, any other taxes, not inclusive of packaging and transportation costs and/or ancillary charges existing at the time of the conclusion of the contract.
The prices of the products are those listed on the Site www.myraisedfloor.it at the time of the Customer’s order or those indicated in the Order and confirmed by Gobuild S.r.l. upon acceptance of the order. Prices quoted may fluctuate due to, but not limited to, price changes in raw materials, changes in the price of items by the manufacturer, resulting in adjustments by Gobuild S.r.l. on the Site, changes in VAT rates, products or services whose prices are subject to financial market fluctuations and over which Gobuild S.r.l. has no influence. Shipping costs and incidental charges, if any, are indicated and calculated in the purchase procedure and clearly specified in the Purchase Order and Order Confirmation.
Prices may be subject to correction for printing errors and may be adjusted by GOBUILD S.r.l. in case of necessity dependent on external circumstances (e.g., change in exchange rate, increase in raw materials, etc.).
Gobuild S.r.l. reserves the right to accept or decline any orders that are placed and in any case until the goods are sold out.
Article 7 – Liability
Gobuild S.r.l. assumes no responsibility for inefficiencies attributable to force majeure or fortuitous event, even where dependent on malfunctions and inefficiencies of the Internet, in the event that it fails to execute the order within the time stipulated in the contract.
The technical information of the products on the Site is indicative, as Gobuild S.r.l. reserves the right to change the technical and dimensional parameters of its Products at any time.
All drawings, photographs, illustrations, technical data and performance of the products shown on the Site www.myraisedfloor.it are purely indicative and therefore any deviation of the actual product from them cannot be a reason for non-acceptance of the goods, complaint of defects and claim, nor can Gobuild S.r.l. be held responsible for any unavailability of a product.
GOBUILD S.r.l. is exempt from any liability for the actual use of the product, decided by the Customer, and/or its use or suitability for the purpose decided by the Customer.
GOBUILD S.r.l. is also exempt from any kind of liability in connection with the installation of the product. The installation instructions of the Products, if possible, are included by Gobuild S.r.l. on the presentation page of the corresponding Product, in alternatives they can possibly be located at the website of the respective manufacturer, who is and remains solely responsible for the suitability of the product.
GOBUILD S.r.l. is responsible for the proper functioning of the product for the characteristics and performance expressly indicated, however, limiting said responsibility to the replacement and / or repair and / or refund of the price paid by the Customer.
No liability will accrue to GOBUILD S.r.l. for consequential damages.
Any complaint regarding any damage present on the Products can be forwarded to Gobuild S.r.l. by filling out the Form on the website www.myraisedfloor.it, under the section …
Article 8 – Right of withdrawal
Without prejudice to the following article, in accordance with the provisions of Articles 64 et seq. of Legislative Decree September 6, 2005, no. 206 and subsequent amendments (“Consumer Code”), the consumer Customer (natural person) who in entering into the contract has acted for purposes unrelated to any entrepreneurial or professional activity carried out), if not satisfied with the products or the content of the services purchased, may return the products themselves or waive the right to the provision of services and obtain a refund of the price already paid in advance payment.
The right of withdrawal can be exercised within 14 days after delivery of the purchased goods to the address indicated by the Customer in the order.
A Customer who does not have the status of a consumer (i.e., who purchases goods for the purpose of carrying out a professional activity) will not be able to make use of the right of withdrawal described above.
The right of withdrawal is excluded in the following cases:
- Products with transparent packaging or otherwise allowing the inspection of the product: the withdrawal will not be accepted if the packaging has been opened and/or damaged, as the type of packaging allows the product to be inspected in advance.
- The right of withdrawal does not apply to products that are custom-made or clearly customized or that, by their nature, cannot be returned.
In the event of validly exercised withdrawal, all payments made to Gobuild S.r.l., including delivery costs, shall be refunded to the Customer without undue delay and in any case no later than 14 days after receipt of the products returned by the Customer. Said refunds are made using the same payment method used for the initial transaction, unless otherwise expressly agreed upon.
The refund may be suspended until the goods are received.
The Customer must return the goods without undue delay and in any case within 14 days from the day he/she communicated the withdrawal from the purchase contract. The deadline is met if the goods are shipped before the expiration of the 14-day period. The direct costs of returning the goods are the responsibility of the Customer.
Gobuild S.r.l. assumes no responsibility for damage or theft/loss of goods returned by uninsured shipments.
Gobuild S.r.l. reserves the right to check the packaging of the returned product and depending on the condition may deduct 10% to 50% from the value of the amount paid for the product. In the event that the returned Product is severely damaged and/or no longer usable, Gobuild S.r.l. may exclude a refund of up to 100% of the amount paid.
Due to the particular type of goods sold by Gobuild S.r.l., return shipping is at the customer’s expense and risk. It is recommended that you take out freight insurance with the carrier you choose when returning the goods.
Any request for withdrawal can be forwarded to Gobuild S.r.l. by filling out the Form on the website www.myraisedfloor.it, in the section …
In accordance with Articles 52 et seq. of the Consumer Code, the Customer may also send a written notice of withdrawal, by postal service, within 14 days of delivery of the goods to Gobuild S.r.l., Via Prima Strada, no. 20, int. 10, 35129 Padua, specifying your wish to withdraw from the purchase of the product(s) for which you intend to exercise the right of withdrawal.
In case the Customer sends the notice of withdrawal, Gobuild S.r.l. will confirm to the Customer the receipt of the notice of withdrawal, indicating the address to which the Customer can return the purchased product. Shipment of the goods to that address must be made within 14 days after the Customer has received the above confirmation notice. If the right of withdrawal is exercised, the Customer will be refunded all payments he/she has made, including delivery costs. The refund may be suspended until the goods are received. The direct costs of returning the goods will be borne by the Customer.
Article 9 – Method of filing the contract
Pursuant to Art. 12 of Leg. 70/2003, Gobuild S.r.l. archives and stores in digital form on its own server every Purchase Order sent, according to criteria of confidentiality and security. (eventual article – this is technical info related to site management that is best handled with the webmaster)
Article 10 – Legal Warranty
Pursuant to Article 130 et seq. of Legislative Decree September 6, 2005, no. 206 and subsequent amendments (“Consumer Code”), is provided for in favor of the consumer Customer (natural person) who in entering into the contract has acted for purposes unrelated to any business or professional activity carried out, the legal guarantee of conformity of the purchased goods (“Legal Warranty”).
The Legal Warranty covers conformity defects arising within 24 months from the date of delivery of the product. The Customer must notify the seller of the presence of the defect within 2 months of discovery.No other warranty will be recognized, even implicitly.
The warranty shall not apply to damage caused during transport to negligent or improper use of the same to non-compliance with GOBUILD S.r.l.’s instructions, to repairs and modifications made by the Customer or third parties without written authorization from GOBUILD S.r.l, including improper applications, non-compliance with commissioning or additions to the product, whether by the Customer or the end consumer which, if dangerous and/or productive of damage, shall not be considered attributable to GOBUILD S.r.l., which the Customer hereby undertakes to indemnify in the event of claims by others for damages or charges of liability, civil and criminal.
The warranty does not cover parts subject to wear and tear.
The Customer agrees to make the defective product available to GOBUILD S.r.l. or its designee for investigation.
The Legal Warranty is rightfully due only to the consumer, i.e., those who buy products for non-business purposes.
If the purchased product has a defect covered by the Legal Warranty, the consumer has the right, without incurring any expense, to have the defective product repaired or replaced by the seller. In particular, it has the right to reduce the price or terminate the contract in the following cases:
- If replacement or repair of the product is not possible or is excessively expensive;
- If the seller has failed to repair or replace the product within a reasonable period of time;
- If the replacement or repair of the product has caused significant inconvenience.
A minor defect for which it has not been possible or is unduly burdensome to exhaust the remedies of repair or replacement does not entitle the contract to termination.
The warranty provided does not imply for Gobuild S.r.l. any duty of compensation for direct or indirect and/or consequential damages derived by the Customer or third parties from the defects of the product.
In the event that the Customer is entitled to damages, these will be limited to the value of the defective product.
Any claims must be communicated in writing to Gobuild S.r.l. within eight (8) days from the date of delivery, if they are obvious defects or faults. In the case of hidden defects, i.e., not detectable using average diligence upon delivery, the complaint must reach Gobuild S.r.l. within eight (8) days of their discovery and within one year of delivery, citing the references of the purchase invoice. In case of violation of these terms, the products will be considered to be in compliance with the Order.
In case of complaint in terms, the products shall be shipped to the Gobuild S.r.l. headquarters or to the place that it will indicate and always in the manner that it will represent.
Article 11 – Privacy
Any personal information submitted to the Gobuild S.r.l. website will be treated in a manner that complies with the Privacy Act (European Data Protection Regulation – 679/2016); Gobuild s.r.l. is the controller of personal data communicated to it by visitors to this website. This information will reside on servers within the European Union. Any non-personal information communicated to Gobuild S.r.l. through this site (including suggestions, ideas, drawings, designs, etc.) shall grant Gobuild S.r.l. the exclusive, unrestricted and irrevocable right to use, reproduce, display, perform, modify, transmit and distribute said non-personal information.
Article 12 – Applicable Law and Jurisdiction
These Terms and Conditions are subject to Italian law.
For consumer disputes arising from this contract in the context of the sale of goods and services online between www.myraisedfloor.it and a Consumer, Gobuild S.r.l. agrees to participate in the alternative dispute resolution procedure initiated by the Customer.
Any kind of dispute not subject to conciliation will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer consumer.In the event that the purchase is made by a Customer who does not have the status of consumer (i.e. who purchases goods for the purpose of carrying out a professional activity), any kind of dispute relating to the interpretation, validity or execution of these Terms of Sale and related contracts entered into will be devolved to the exclusive jurisdiction of the Court of Padua.
