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General Terms and Conditions of Sale

(“General Conditions”)
1

Scope of application

  1. These general terms and conditions of sale (the “General Conditions”) govern the offer and sale of “Idelgas Company” branded products (the “Products” or, in the singular, the “Product”) on the e-commerce website https://idealgascompany.com/ (the “Site”).
  2. In the event of any change in these General Conditions, the general conditions posted on the Site when the order proposal (the “Order Proposal”) is submitted by the consumer, as defined below, shall apply to the purchase made.
  3. Submission of the Order Proposal implies full knowledge and express acceptance of both these General Conditions and the contents of the Order Proposal.
  4. For any further information, please refer to the sections:
    • Privacy Policy; and
    • Cookie Policy.
2

Subjects

  1. The seller of the Products is Idealgas Company S.r.l., with registered office in Via Al Bigonzo 9, 31030 – Dosson di Casier (TV), tax code, VAT number and registration number with the Register of Companies of Treviso – Belluno 00855510269 (the “Seller”).
  2. The Seller owns the rights to the Site’s domain name, logos and brands, related to the Products presented on the Site, as well as the copyright in the Site’s content.
  3. The distance selling service governed by these General Conditions is reserved exclusively for individuals, as defined in Article 3 of Legislative Decree 206/2005 ss.mm.ii. (the “Consumers”, or, individually, the “Consumer”). If one or more sales are made to a person who does not qualify as a Consumer, these General Conditions shall apply but, notwithstanding the provisions thereof:
    • (i) the buyer shall not be granted the right of withdrawal under Article 11;
    • (ii) the buyer shall not be eligible for the warranty on the Products set forth in Article 9;
    • (iii) the buyer shall not be accorded any other protections, if any, provided herein in favour of the Consumer that reflect or conform to mandatory legal provisions;
    • (iv) the sale and purchase agreement settled between the Seller and the buyer shall be governed by Italian law, with the express exclusion of the Vienna Convention of 1980 (CISG).
  4. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal – must be sent to the Seller to the contact details and in the manner indicated on the Site and/or to the e-mail address: info@idealgas.it.
3

Products Features

  1. Information about the Products are available, with their product codes, on the Site itself.
  2. The Products are sold with the features described on the Site and according to the General Conditions published on the Site at the time the Consumer sends the Order Proposal.
  3. The prices, the Products for sale on the Site and/or the features of the same, may be subject to change without notice. Such variations operate only for orders not yet confirmed on the date of such variation. In any case, before sending the Order Proposal, the Consumer is invited to verify the final sale price.
  4. The Site is structured with functionality to enable the Consumer to access and place the Order regardless of nationality and geographical location. The Consumer shall be entitled to receive the Products at a delivery address of the Consumer’s choice, provided that the address is within one of the countries listed on the Site.
4

Execution of the Agreement

  1. The information in these General Conditions and the details contained in the Site do not constitute an offer to the public, but merely an invitation to the Consumer to formulate an Order Proposal.
  2. The Order Proposal is governed by these General Conditions, which form an integral part of the Order Proposal itself and which the Consumer is required to accept in full and without reservation. In fact, before submitting the Order Proposal, the Consumer shall be asked to confirm that he/she has read and accepted the General Conditions, to print a copy of them and to store their contents or reproduce a copy for his/her personal use.
  3. After that the Order Proposal is submitted, the Consumer shall receive by e-mail an order confirmation (the “Order Confirmation”).
  4. The sale and purchase agreement (the “Agreement”) shall be executed when the Consumer receives the Order Confirmation: from this moment onwards the Order Proposal shall be referred to simply as the “Order”. Upon conclusion of the Agreement, the Consumer shall find in the Order Confirmation a link referring to the text of these General Conditions and Conditions and a summary of the Order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer’s Order, the Seller’s Order Confirmation and the applicable General Conditions shall be electronically stored by the Seller in its computer systems and the Consumer may request a copy by e-mail from the Seller at info@idealgas.it.
  5. It is understood that the Seller may not process the Orders and/or Order Proposals in cases where the Consumer does not give sufficient guarantees of solvency or in cases of incomplete or incorrect or untrue compilation, as well as in case of unavailability (even supervening, if occurring after the Order Confirmation) of the Products. In these cases, no later than 30 (thirty) working days from the day on which the Seller became aware of the above circumstances, the Seller shall inform the Consumer by e-mail that the Agreement is not concluded and that the Order Proposal shall not be followed up specifying the reasons. In this case, any amount already committed to the chosen means of payment shall be uncommitted.
5

Procedure for selection and purchase of the Products

  1. The Products on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the virtual shopping cart. Once the selection of Products has been completed, in order to make the purchase of the Products placed in the cart, the Consumer shall be invited to:
    • (i) register with the Site, providing the requested data; or
    • (ii) log in, if the Consumer is already registered; or
    • (iii) provide, in the absence of registration, its data in order to complete the Order and allow the execution of the Agreement.
  2. If the data indicated in the Order Proposal should be different from those provided when registering on the Site, the Consumer shall be asked to confirm his/her data, as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made.
  3. The Consumer shall display a summary of the Order Proposal, the contents of which he/she may modify. The Consumer, then, after careful reading, must expressly approve these General Conditions, through the appropriate check-box on the Site and finally, through the “Proceed with the order” button, the Consumer shall confirm his Order Proposal. The Consumer shall also be asked to choose the shipping method and the payment method, among those available.
  4. If during the process of selecting Products on the Site, the Consumer finds that the price of one or more of the Products that he or she intends to select for subsequent purchase is manifestly lower than the price normally applied, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem occurring on the Site, he or she is requested not to complete his or her Order Proposal and to report the aforementioned technical error to the Seller’s Customer Service Department by sending an e-mail to info@idealgas.it.
6

Delivery and Acceptance of the Products

  1. The Site indicates the availability of the Products and you can check shipping times in the appropriate section. However, this information is to be considered purely indicative and not binding on the Seller.
  2. The Seller agrees to use its best efforts to meet the delivery time indicated on the Site, unless a different delivery time is indicated in the Order Confirmation itself.
  3. In the event of a delay in the delivery of the Order of more than 30 (thirty) working days, the Seller shall send the Consumer an e-mail to inform the same of the new scheduled delivery date, as well as to inform him about the possibility of cancelling his Order. In the event that the Consumer decides to cancel his/her purchase, the same shall receive a refund of the full amount paid, no later than 14 (fourteen) working days from the date of cancellation of the Order.
  4. In case of non-execution of the Order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall notify the Consumer in writing of said unavailability and shall refund any sums already paid by the Consumer for the payment of the Product, no later than 14 (fourteen) working days from the date of said communication.
  5. The delivery of the Products ordered by the Consumer shall take place in the mode selected by the Consumer, among those available and indicated on the Site at the time of sending the Order Proposal.
  6. The Consumer undertakes to promptly check that the delivery includes all and only the Products purchased and to inform the Seller of any possible defect in the Products received or their deviation from the Order placed, in accordance with the procedure set forth below in Article 9 of these General Conditions. Failing this, the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination obviously damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reservation”.
7

Price, Shipping Costs, Duties and Taxes

  1. The price of the Products (the “Price/s”) and shipping charges (“Shipping Charges”, together with the Price, the “Total Price”) are as set forth on the Site and at the time the Order Proposal is transmitted. The Prices and Shipping Charges shall be deemed to include packaging costs, VAT (if applicable) and any indirect taxes (if applicable).
  2. In the event that the Products are to be delivered to a country outside the European Union, the Total Price shall be deemed to be exclusive of any customs duties and any other sales taxes, which the Consumer hereby agrees to pay, if due, in accordance with the legal provisions of the country to which the Products shall be delivered.
  3. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in Article 7.2 above, at the time the Order Proposal is transmitted to the Seller, shall not constitute cause for termination of the Agreement and that the Consumer shall therefore not be able in any way to charge the said costs to the Seller.
8

Methods of Payment

  1. The Seller accepts a variety of payment methods. Please refer to the appropriate “Payment Methods” section on the Site for more details.
9

Legal Warranty

  1. The Seller shall be liable for any defects in the Products and for the non-compliance of the Products with the Order placed at the time of delivery, pursuant to and in accordance with European Directive 771/2019/CE and D. L. 206/2005 ss.mm.ii. (the “Consumer Code”).
  2. The duration of the warranty is 2 (two) years from the time of delivery of the Product, unless this is contrary to the prevailing mandatory laws of the country where the Consumer has his habitual residence or has elected his domicile. The Consumer is informed that the action aimed at asserting defects not maliciously concealed by the Seller shall be prescribed in any case within the term of 26 (twenty-six) months from the delivery of the Products.
  3. The Consumer is also informed that, in order to comply with the Agreement, the Product must meet the subjective and objective requirements, where relevant, set forth in Article 129 of the Consumer Code.
  4. Any warranty shall be excluded in the event of use of the Product not in accordance with the Product’s own use and/or with the instructions/warnings in this regard provided by the Seller, or set forth in the illustrative reference documentation, packaging, tags or labels.
  5. The Consumer has the burden of reporting any defects and/or non-conformities of the Products to the Seller within 2 (two) months from the discovery of the same under penalty of forfeiture, by sending to info@idealgas.it the appropriate Return Form for Defective or Non-conforming Product (“Form”) correctly filled out, indicating the defect and/or non-conformity found, accompanied by the documentation indicated in the form itself (at least no. 1 (one) photograph of the Product, the Order Confirmation transmitted by the Seller and/or the tax receipt), also indicating which remedy it intends to avail itself of, among those provided for by the Consumer Code and better specified in Article 9.7 below, according to the procedure described in the appropriate section of the Site “Right of Withdrawal and Return Policy”, to which reference is made in full.
  6. Following receipt of the Form and the relevant documentation, the Seller shall assess the defects and non-conformities reported by the Consumer through its Customer Service and, after having carried out the appropriate checks to verify the actual non-conformity of the Product, shall decide whether to authorize the return, notifying the Consumer within a reasonable period of time by e-mail to the e-mail address provided by the latter during the process of registration on the Site or when transmitting the Order. The authorization to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to the return. Products for which the Seller has authorized the return must be returned by the Consumer, together with the Return Form for Defective or Nonconforming Product and a copy of the return authorization notice, within 7 (seven) days of the return authorization by the Seller, under penalty of forfeiture, to the following address: Idealgas Company S.r.l., Via Al Bigonzo, 9 – 31030 Dosson di Casier (TV) – Italy.
  7. If the lack of conformity of the purchased Products has been ascertained by the Seller, the Consumer shall be entitled, alternatively: (i) to the restoration of conformity, (ii) to receive a proportional reduction in the Price, or (iii) to terminate the Agreement, in accordance with the provisions of the Consumer Code, indicating the relevant remedy of which he intends to avail himself in the appropriate Return Form for Defective or Non-Conforming Product.
    For the purposes of restoring the conformity of the Product, the Consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or, compared to the alternative remedy, does not impose excessive costs on the Seller taking into account, in particular: (i) the value that the Product would have in the absence of the conformity defect; (ii) the extent of the conformity defect; and (iii) whether the alternative remedy can be performed without significant inconvenience to the Consumer.
    The Consumer may request, at its option, an appropriate reduction in the Price or termination of the Agreement in the cases referred to in Article 130 of the Consumer Code.
  8. Repair or replacement shall be made: (i) without charge to the Consumer; (ii) within a reasonable period of time after the Seller has been informed by the Consumer of the lack of conformity; and (iii) without significant inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer intended the Product.
  9. If the Consumer has decided to terminate the Agreement and the Seller has ascertained the non-compliance of the Product, the Seller shall refund the Consumer the price paid for the purchase of the Product. The refund shall be made, where possible, using the same means of payment used by the Consumer when purchasing the Product, no later than 14 (fourteen) days after the Seller has ascertained the non-conformity of the Product.
10

Liability for Damage from Defective Products

  1. The Seller shall not be liable to Consumer in any capacity whatsoever as a result of:
    • (i) damage or loss caused by the Products or by Consumer’s use thereof (subject in each case to the application of the mandatory rules of product liability);
    • (ii) damage not caused by Seller’s default; and
    • (iii) loss of business or trade opportunity.
11

Right of Withdrawal

  1. The Consumer shall have the right to withdraw from any Agreement concluded through the Site pursuant to these General Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from the date on which (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately under one Order, the last Product was delivered.
  2. In order to exercise the right of withdrawal, the Consumer is required to notify the Seller of his decision, before the expiry of the period referred to in the preceding point, by completing and sending the Return Form, according to the procedure described in the appropriate section of the Site “Right of Withdrawal and Return Policy”, to which reference is made in full.
  3. The risks and direct costs of returning the Products, as well as the proof of such return, shall be borne by the Consumer. The Consumer shall also be responsible for any defects in the Products caused by improper or insufficient packaging when returning the Products.
  4. In the event of withdrawal, the Consumer shall be refunded the payments he/she has made, excluding Shipping Charges, without undue delay and, in any event, no later than 14 (fourteen) days from the exercise of withdrawal. Said refunds shall be made using the same means of payment used by the Consumer for the transaction; in any event, the Consumer shall not incur any costs as a consequence of said refund. The refund may be suspended until receipt of the Products in order to allow the Seller to perform the verifications referred to in Article 11.5 below.
  5. The Consumer shall be liable for any decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products. Therefore, if the returned Products are damaged (for example with signs of wear and tear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the Product), not accompanied by attached instructions/notes/manuals, the original packages and packaging and the warranty certificate, if any, the Consumer shall be liable for the patrimonial decrease in the value of the Product, and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the Product beyond what is strictly necessary to establish the nature, characteristics and operation of the same, and to cover the original wrapping of the Products with other protective packaging that preserves its integrity and protects it during transport.
12

Intellectual Property Rights

  1. The Consumer declares that he/she is informed that all trademarks and names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Seller and/or its assignees, without any right deriving to the Consumer from the access to the Site and/or the purchase of the Products.
  2. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.
13

Contacts

  1. For any inquiries, please contact the following contact details:
    Idealgas Company S.r.l.
    Via Al Bigonzo, 9 – 31030 Dosson di Casier (TV) – Italia
    e-mail: info@idealgas.it
14

Applicable Law and Jurisdiction

  1. Any Agreement settled between the Seller and the Consumers pursuant to these General Conditions shall be governed and interpreted in accordance with Italian law and in particular by the Consumer Code, with specific reference to the regulations on distance agreement, and by D. Lgs. 70/2003 ss.mm.ii. on aspects concerning electronic commerce. In any case, the rights that may be attributed to Consumers by any mandatory rule in force in the State of their habitual residence shall be unaffected.
  2. Any dispute relating to the application, execution and interpretation of these General Conditions shall be subject to the jurisdiction of the court of the place where the Consumer resides or has elected domicile.
  3. Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the Consumer, that, in the event that the latter has submitted a complaint to the Seller, as a result of which it has not been possible to find a negotiated solution, the Seller itself shall provide him/her with information regarding the Alternative Dispute Resolution bodies for the out-of-court settlement of disputes relating to obligations arising from agreements settled on the basis of these General Conditions (so-called ADR bodies, as referred to in Articles 141-bis et seq. of the Consumer Code).
    The Seller also informs the Consumer that a European platform for online resolution of Consumer disputes (the “European ODR Platform”) has been established. The European ODR Platform can be found at http://ec.europa.eu/consumers/odr. Through the European ODR Platform, the Consumer shall be able to consult the list of ADR entities, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which they are involved. The Vendor’s e-mail address to be provided in the European ODR Platform is as follows: info@idealgas.it.
15

Language and Amendments

  1. These General Conditions are drafted both in Italian and in English. In the event of discrepancies regarding the interpretation of the General Conditions and/or individual clauses, the text in the Italian language shall prevail.
  2. These General Conditions may be modified at any time. The Consumer shall be asked to accept exclusively the General Conditions in force at the time of sending the Order Proposal. The new versions of the General Conditions shall be effective from the date of their publication on the Site and in relation to the Order Proposal submitted after that date.