Art. 1 – General provisions
1. The user navigating in this area accesses gaspez-arts, accessible via the url: gaspez-arts.com. Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Fabio Gasparini Company
Headquarters: Via Busoni 16, 34136 Trieste (Italy)
VAT number: IT00910710326
3. The user is required, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which gaspez-arts reserves the right to modify unilaterally and without notice.
5. It is possible to use the site and then access products supplied by it and purchase these in the following languages: English
Art. 2 – Object
1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on gaspez-arts and do not, however, regulate the supply of services or the sale of products by subjects other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different parties, we recommend that you check their conditions of sale.
Art. 3 – Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
2. It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the means of payment that can be used, the delivery methods of the purchased products and the relative shipping and delivery costs, a reference the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
5. The user will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will be done by clicking on the “checkout” button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its evasion.
Art. 4 – Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email in the email provided by him. Confirmation must be communicated within 24 hours at the latest. After this period, in the absence of confirmation, gaspez-arts will be released from any commitment towards the user.
3. The confirmation will in any case exempt gaspez-arts from any responsibility regarding the data provided by the user. The user undertakes to promptly inform gaspez-arts of any variation of his data at any time communicated.
4. If the user then communicates inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, gaspez-arts will have the right not to activate or suspend the service until the related shortcomings.
5. On the occasion of the user’s first request to activate a profile, gaspez-arts will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating the user’s access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect towards him.
6. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
Art. 5 – Availability of products
1. Product availability refers to actual availability at the time the user places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the user will be immediately informed by e-mail.
3. If the user requests the cancellation of the order, by terminating the contract, gaspez-arts will refund the amount paid within 30 days from the moment in which gaspez-arts became aware of the buyer’s decision to terminate the contract.
Art. 6 – Products offered
1. gaspez-arts markets: resin and metal miniatures
2. The offer is detailed on our website at the link: aspez-arts.com
Art. 7 – Methods of payment and prices
1. The price of the products will be that indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error, gaspez-arts will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, gaspez-arts will not be obliged to supply what is sold at the lower price incorrectly indicated.
3. The prices of the site include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which an order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
5. Payment can be made by: Paypal,Credit card via Paypal
Art. 8 – Delivery
1. gaspez-arts carries out shipments throughout the Italian territory, excluding the state of Vatican City and the Republic of San Marino.
2. gaspez-arts will make its deliveries both to the address provided by the user and to the collection points indicated at the time of purchase.
3. Delivery is made, for the Italian territory, generally within 2-4 days, or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, by maximum term of thirty days from the date of confirmation.
4. As far as the countries of the European Union are concerned, the delivery will be made in 3-7 days, and in any case, within the maximum term of thirty days.
5. In non-EU territories, delivery will take place roughly in 10-20 days.
6. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
7. If you are unable to be present at the delivery location at the agreed time, we ask you to contact us again to agree on a new delivery date.
8. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that it is intended to terminate the contract.
9. As a result of the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 20 days date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
10. Shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.
Art. 9 – Transfer of risk
1. The risks relating to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as the full payment of all amounts due in relation to them, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.
Art. 10 – Warranty and commercial compliance
1. The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid provided that the defect occurs within 24 months from delivery date of the products; that the buyer presents a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is correctly filled in.
3. In the event of non-compliance, the user who entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent return of the price.
Art. 11 – Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day term starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal must notify gaspez-arts by means of an explicit declaration, which can be sent by registered letter with return receipt to the address:
Fabio Gasparini Via Busoni 16, 34136 Trieste (Italy)
The user can also indicate the desire to withdraw, indicating the order number and name of the user, to:
4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not obligatory.
5. The goods can be returned to any point of sale in Italy, as indicated on our web page, as well as sent to:
Fabio Gasparini Via Busoni 16, 34136 Trieste (Italy)
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 7 days, including any shipping costs.
7. As required by art. 25 by the buyer to have sent back the goods.
8. The right of withdrawal will not apply if the gaspez-arts services and products are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will make the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.
Art. 12 – Data processing
Art. 13 – Amendments to the General Conditions
13.1 Gaspez-artst reserves the right to modify the General Conditions as well as the terms and characteristics of the Services at any time, through general notices to Users published on the Site or by e-mail to the User.
13.2 Each User is required to periodically check these conditions to make sure of any changes that have occurred since the last visit to the site. In any case, the use of the site and its services implies acceptance of the changes that have occurred in the meantime.
13.3 Users undertake to print on paper or on an adequate durable medium and to keep the General Conditions and all subsequent changes that may be made thereafter.
Art. 14 – Contacts
1. Any request for information can be sent by e-mail to the following address firstname.lastname@example.org, by telephone at the following telephone number: 3483271666, and by post to the following address:
Fabio Gasparini Via Busoni 16, 34136 Trieste (Italy)
Art. 15 – Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the buyer’s country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the user is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 03/26/2021.