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Terms and conditions

Introduction

The following General Conditions of Sale apply to orders for products and services on the site secureair.it in the version published at the time of order. These General Conditions of Sale are an integral part of the contract concluded between Gamma Impianti srl and the customer. The provisions different from the General Conditions of Sale are legally binding only if expressly accepted and in writing by Gamma Impianti srl. SecureAir is a registered trademark of Gamma Impianti srl.

Acceptance of the general conditions of sale

By placing an order according to the various methods provided on the Site, the Customer declares that he has read all the information provided during the purchase process and accepts the general conditions in full of sale and payment transcribed below. These general conditions of sale, together with the conditions concerning the methods of delivery and payment of the goods, are an integral part of the contract of sale concluded between the Customer and Gamma Impianti srl. Therefore, Gamma Impianti srl invites carefully read these general conditions of sale, to print them or otherwise to keep one copy.

1) Requirements

To buy on secureair.it you must register on the Site, create an account, approve the General Terms. Registration on the Site is free. To register the user must fill in the form registration, entering the personal data, e-mail address, and a password (hereinafter the “Credentials of Registration”). Registration will be confirmed by email sent by Gamma Impianti srl to the address provided by the user.

The Registration Credentials must be unique and used exclusively by the user and cannot be transferred to third parties. The user must immediately notify Gamma Impianti srl in case of suspected misuse of the same. The Registration Credentials can be changed by the user at any time by logging into your account.

The user may at any time cancel his subscription to the site secureair.it by sending a email to assistenza@secureair.it

2) Accepted payment methods

PayPal it’s the safest and fastest online payment system, which involves opening an account at www.paypal.com. Concluding a purchase with this type of payment you will see a page on the PayPal site where to insert your email address and password of your PayPal account, or access the process for creating a new one. After registration, you can proceed to payments via PayPal without having to re-enter the data, even for subsequent purchases. Choosing to pay with PayPal the amount is charged directly on your account or credit card (Visa, Visa Electron, Mastercard) or prepaid (postepay) assigned. PayPal also protects the buyer’s information.

  • Each transaction performed with this method will be sent an email confirmation by PayPal.
  • The amount of the order is debited from the PayPal account at the time of the order.
  • In case of cancellation the amount is refunded to the customer’s PayPal account.

Bank transfer 

The payment system not online, with this method the page that shows the data needed to make the payment will display. As it is not an immediate payment method, the seller will have to wait until the actual crediting of the amount to the account of Gamma Impianti srl before the latter initiates the dispatch procedure.

Bank transfer to: Gamma Impianti srl

Bank: UNICREDIT

Iban: IT15A0200830110000100552951

Reason: Enter the order number

3) BILLING

The invoice will be sent by email within 15 days, it is not physically inserted inside the package.

4) SHIPPING AND DELIVERY

The expected delivery times are clearly indicated in “days” within each product sheet within the site.

Shipping: Gamma Impianti srl will deliver the products available in stock to the carrier within 48 working hours (Saturday, Sunday, excluding public holidays) after payment of the total amount due, consisting of the purchase price of product/s and shipping costs if provided. The purchased goods will be delivered to the destination address specified by the customer in the purchase or present on the PayPal account (valid only for those who buy with PayPal). The customer will receive an e-mail confirming the shipment, containing the confirmed data and the tracking number to monitor the shipping.

Delivery: items are normally delivered within 72 working hours (Saturday, Sundays and holidays excluded). Orders with a large number of items require more preparation and packing time, therefore may suffer delays in shipping. For shipping in the following regions: Sicily, Calabria, and Sardinia, one more day must be calculated for delivery. Any delays do not result in the cancellation of the order. Once the order has been placed the delivery cannot be rejected. Any stock and returns will be charged only to the customer (who will be obliged by law to pay for the item purchased).

 

WITHDRAWAL AT THE POINT OF SALE

You can pick up the order placed on the portal secureair.it directly at our headquarters in Via Stroppiana 15 – Borgaro Torinese (TO). In the check out under the column shipment, you can select «WITHDRAWAL IN LOCATION», shipping costs will not be applied. When you choose the pick up on-site, you can choose to pay by PayPal, bank transfer, or credit card.

Information for withdrawal at the point of sale: within 48h working from the online order, you will be contacted to confirm the day when you can pick up your order. You need to go with the print of the email, which confirms your order, along with a valid ID (ex: ID card, Passport, Driving Licence). If you wish to delegate the withdrawal to other people you need to fill in and sign the proxy form. The delegated person will have to go to the store with the printing of the duly completed form, the printing of the email with the order confirmation, a delegate’s identity document, and a copy of the delegate’s identity document, both in the course of validity.

CHANGE OF SHIPPING ADDRESS

It is not possible to change shipping addresses with orders paid with PayPal. For other ways of payment, you can request the change of address within 1 hour from the confirmation of the order. To request the change address you need to send an email to assistenza@secureair.it by entering the order number and the new address. If the email is sent after the hour the change of address cannot be made. We recommend in this case to refuse the package in order to return it to the sender to make the refund. The customer must communicate to the email assistenza@secureair.it to have refused the package for exchange address. The customer is free to place a new order with the correct address.

 

DELIVERY

We recommend the customer to always sign the waybill of the courier “subject to control” also when the package delivered by the courier seems intact. If you refuse the package because it is broken on sight if it is possible to write on the receipt of the courier inserting obligatorily (even if the courier does not recommend) the motivation “Package broken at sight”. Within three days of not accepting the package you must send an email to assistenza@secureair.it, telling us that you have refused the package stating the reason for the refusal. Failure to indicate the reason could give rise to disputes and delays. It is mandatory to open the items no later than 3 days from the delivery of the order (natural and consecutive) to verify that the order is complete and that the products are intact. The couriers make deliveries to the door and not to the storey. For this service accessories, you can contact and agree directly with the courier to whom the shipment has been entrusted.

5) PRODUCT AVAILABILITY

The delivery time is always indicated in number of days within the product sheet.

We remind you that warehouse stocks are not synchronized in real-time, therefore, it is possible that some product on the site is not currently available in stock.

In case of unavailability, even temporary, in stock of the goods requested, Gamma Impianti srl within 48 working hours (excluding Saturday, Sunday, and public holidays) from the day of arrival of the e-mail payment confirmation will inform the customer by e-mail the customer on the expected delivery time. In the event that the customer does NOT intend to wait, he can request immediate refund or cancellation of the order.

6) RIGHT OF WITHDRAWAL

Pursuant to Art. 52 of the Consumer Codethe Consumer (meaning as such the natural person making the purchase outside the own entrepreneurial and/or professional activity) who made a purchase on the site secureair.it or by telephone order has the right to withdraw from the contract, even without just cause, no later than 14 calendar days from the delivery of the product.

To exercise the right of withdrawal, the Customer must communicate your intention to use it:

  • Fill in the form on the CONTACTS page or send an email to sales@secureair.it

The return is the responsibility of the Customer for any reason, including your choice, the same must provide for the sending no later than 14 calendar days from the communication of acceptance of the request under penalty of forfeiture. Upon arrival the goods subject to the right of withdrawal will be subject to scrupulous control as a result of which a refund will be issued to the Customer. It is understood that:

  • a) Pursuant to Art. 57, paragraph 2, the Consumer is responsible for the decrease in the value of the goods resulting from a manipulation other than strictly necessary to establish its nature, characteristics, quality and operation;
  • b) The reimbursement, the amount of which will be determined taking into account the previous point, will be made using the same payment method used by the Customer unless the Customer has requested expressly to provide otherwise.
  • c) The refund includes only the goods’ value and not ancillary services such as transport.
  • d) The refund in the case of products ordered specially and not ready in stock will be equal to 85% of the value of the goods, minus any cases referred to in point 1.

The cases referred to in point 1) above include:

  • the lack and/or breakage of the packaging for reasons other than transport;
  • the lack of integral elements of the product (accessories, cables, instruction manuals, etc.);
  • clear and/or obvious and/or unambiguous signs of use;
  • the presence of damage of any kind not attributable to transport.

In these hypothesis the amount of the refund will be determined on the basis of the residual value of the product, and therefore, in the event of a lack of essential parts, the same may be denied as long as they do not be returned.

7) DESCRIPTION OF THE PRODUCTS

The products offered on the Site comply with national and Community legislation in force in Italy. The description of the products offered on the site is that which the suppliers, under their own responsibility, have communicated to Gamma Impianti srl. The images and colors of the products published on the Site may differ from the actual ones due to the local settings of the systems and/or the tools used to display them. Gamma Impianti srl is not responsible for the mismatch between the product ordered and the product description on the Site, in the event that the mismatch results from errors of description attributable to the supplier and of which Gamma impianti srl was not and could not be aware with the use of normal diligence.

8) LEGAL GUARANTEE OF CONFORMITY

Gamma Impianti srl is liable to the Customer for any lack of conformity existing at the time of delivery of the goods (Art. 130, paragraph 1) that occurs within one year of delivery itself (Art. 132, paragraph 1), or within two years if specified in the product sheet.

Pursuant to Art. 129, the goods are considered to comply with the contract if the following conditions are met, where applicable:

  • they are suitable for the usual intended use;
  • comply with the description and have the qualities, if any, described;
  • have the quality and performance that can reasonably be expected by the type of goods, taking into account the nature of the goods and any public declarations on the specific characteristics;
  • are suitable for the particular use desired by the consumer, provided that he has previously informed the seller.

The Customer is obliged to report the defect within 10 days of discovery. Otherwise, the Consumer is definitively deprived of the rights guaranteed by law (Art. 132). In any case, the action is prescribed when twenty-six months have passed since the delivery.

According to Art. 132, paragraph 3, unless the Seller proves otherwise, a defect that has occurred within 6 months of delivery is presumed to be pre-existing at the time of the same; conversely, if it is manifested later, it is the Customer’s responsibility to prove its seniority.

In case of lack of conformity, the Customer is entitled to obtain:

  • the repair or replacement of the goods, or
  • an appropriate price reduction;

The legal guarantee of conformity is not applicable and/or does not cover damages caused by:

  • deterioration resulting from the use of the product;
  • damage due to incorrect installation, installation, and positioning;
  • damage caused by atmospheric agents, including/or negligence, carelessness in use or maintenance;
  • use of the product in ways or for purposes other than those normally provided for the same;
  • connection of the product to electrical installations or any other not in accordance with the regulations;

In addition, any risk of loss or damage to the goods is transferred to the Customer when the latter, or a carrier designated by him, physically takes possession of the goods without placing or declaring a reserve of control.

To report a lack of conformity and exercise the rights provided by law, the Customer must report the defect no later than 60 days by

In order to facilitate the processing of the request, the Customer may:

  • describe the defect found and its circumstances;
  • attach pictures of the product with details of the defect.

Within 5 working days, our collaborators will examine the request and inform the Customer of any possible remedies (repair, replacement, refund, etc.) as well as the procedures provided for each individual case.

In the event that the product must be returned for repair or replacement, the Customer is required to ship the product to his care, carefully packaging it in its original packaging (including internal protections) avoiding to damage with adhesive labels or other, complete of all the accessories to accompany and of how much in origin contained. Unless otherwise indicated or collected by our courier (paid), the product must be sent to our headquarters.

9) ASSISTANCE AND COMPLAINTS

The customer who needs to communicate with our company for any reason (assistance, the exercise of the right of withdrawal, reporting a failure, information relating to the processing of data, etc.), can do it at the following address:

GAMMA IMPIANTI s.r.l Via Stroppiana n°. 15 10071 Borgaro T.se (To) – Italy Tel. +39 011 4502031 Fax +39 011 4703927 – email : sales@secureair.it

10) PURCHASE OBLIGATIONS

The Customer undertakes, once the purchase procedure has been completed, to provide for the printing and the preservation of these general conditions, which, moreover, will have already been viewed and accepted as a mandatory step in the online order shipping phase. This is in order to fully satisfy the condition of art. 53 of Legislative Decree no. 206 of 06/09/2005. It is expressly forbidden to make double registrations corresponding to one person or enter data of third persons. There is also a ban on minors making recordings.  GAMMA IMPIANTI s.r.l reserves the right to prosecute any violation and abuse, in the interest of and for the protection of all consumers.

 

PROMOTIONAL OFFERS AND ADVERTISING EMAILS

secureair.it promotes its products through its website and advertising emails. For all those who are subscribed to the mailing list and wish to no longer receive advertising emails, send an email to sales@secureair.it with the request for cancellation from the promotional mailing list.

12) REVIEWS

Customers are informed that they may be invited to leave a review, following a purchase that has been completed, by sending an email that will allow access to a third-party platform “Customer Review” or you can leave a review also on our e-commerce by visiting the page of the product purchased. Remember that you can leave reviews only on purchased products.

13) COMPETENT COURT

Any dispute arising in respect of the validity, interpretation, or performance of this contract shall be referred to an arbitration board composed of an arbitrator, appointed by mutual agreement or, failing that, by the president of the Turin Chamber of Commerce. The arbitrator shall make his own determinations without procedural formalities but in accordance with the adversarial principle. The parties undertake to execute the arbitrator’s decision as if it were their own, including as regards costs. The competent court will be the Court of Turin.

15) TYPE OF PERSONAL DATA, PURPOSES AND LEGAL BASIS OF PROCESSING

GAMMA IMPIANTI s.r.l is a Company that sells consumer goods online and, therefore, acquires, stores, and uses the personal data of data subjects in order to properly fulfill the contractual obligations arising from its activities.

In any case, GAMMA IMPIANTI S.r.l. acquires, stores, and uses exclusively the following Personal Data:

  • name and surname or business name;
  • headquarters address and/or shipping address of the goods;
  • e-mail address;
  • telephone number;
  • tax code and/or VAT number.

In any case, if payment is made by credit/debit card, the relevant data are not communicated to GAMMA IMPIANTI s.r.l but directly to the payment service manager.

In no case does GAMMA IMPIANTI s.r.l require, store or process:

  • sensitive and judicial data;
  • credit card numbers or access credentials to the payment systems used by the customer.

The aforementioned Personal Data of the Data Subject is processed by the Company for the following purposes based on the related legal bases:

  • contractual purposes: execution of the contract to which the Data Subject is a party and use of the services offered by the Company;
  • legal obligations and civil liability of the Company: fulfillment of the obligations provided for by national and supranational legislation, especially of an accounting and fiscal nature, as well as prevention of any form of civil liability for the Company for its activities (e.g., by way of example but not exhaustive, the Personal Data used to contact the Data Subject are necessary if the Company decides to carry out a recall campaign of a product that is suspected to be defective);
  • rights of the Data Controller: ascertain, exercise or defend the rights of the Company in court or out of court if necessary;
  • operation of the site: the Personal Data of the Data Subject included therein are necessary for its operation and use of the services offered by the Company through the same.

16) METHODS OF DATA ACQUISITION AND STORAGE

Personal Data is collected:

    • directly at the interested party, by filling in special online forms or telephone communication;
    • not at the Data Subject, but through third parties (the so-called “Marketplace” such as for example, Amazon, eBay, ManoMano, etc.) who, as intermediaries in the sale, transmit them to GAMMA IMPIANTI s.r.l

In the case of Personal Data not acquired from the Data Subject, but through third parties, the Data Controller will inform the Data Subject of this information by e-mail or appropriate notice in the form attached to the goods shipped. The aforementioned information will be provided by the Data Controller at the latest within one month of obtaining the Personal Data or, if the latter is intended for communication with the Data Subject, at the latest at the time of the first communication with the same, or, if communication to another recipient is envisaged, no later than the first communication of Personal Data.

The Data thus acquired are stored electronically on servers of GAMMA IMPIANTI s.r.l or made available to GAMMA IMPIANTI s.r.l by IT service providers specifically appointed Data Processors by the Data Controller.

A complete and updated list of the appointed Data Processors can be obtained by contacting the Company via PEC or by registered letter A/R to the addresses referred to in Art. 1.

17) DELIVERY OBLIGATION

The provision of Personal Data by the Data Subject is mandatory for the fulfillment of contractual obligations and compliance with the mandatory rules of the law on tax, tax, and accounting obligations.

If the Data Subject refuses to provide the data, GAMMA IMPIANTI s.r.l will not accept any order or execute any contract.

18) PERIOD OF RETENTION OF DATA

The Data Subject’s Personal Data will be stored for the entire duration of the contract and, after termination, for 11 years in order to comply with the relevant tax and tax obligations.

In the event of a judicial or out-of-court dispute, the Personal Data will be retained for the duration of the dispute and until the terms of the appeal proceedings are exhausted.

After these deadlines, the Personal Data of the Data Subject will be deleted, consistent with the technical procedures for this purpose.

19) AUTONOMOUS DATA CONTROLLERS, DATA PROCESSORS, AND DATA RECIPIENTS

In addition to the Data Controller, the Personal Data of the Data Subject may be processed by external parties operating as independent Data Controllers such as, for example, companies offering transport and shipping services for goods or pre- and after-sales assistance.

In addition, as in the case of IT services under Art. 3, Personal Data may be processed, on behalf of the Company, by authorized third parties designated as Data Processors, to whom appropriate operational instructions are given. A complete and up-to-date list of the appointed Personal Data Processors can be obtained by contacting the Company via PEC or registered A/R at the addresses referred to in Art. 1.

Finally, Recipients of the Personal Data of the Data Subject may be the Judicial or Administrative Authority to which they must be communicated for the fulfillment of specific legal obligations.

20) USE OF DATA FOR MARKETING PURPOSES

If the Data Subject has given his specific consent, his Personal Data may be used for marketing activities such as sending communications, newsletters, etc., both by the Data Controller and by subjects designated for this purpose.

In this case, the Personal Data will be stored and used for this purpose until the withdrawal of consent by the Data Subject.

21) RIGHTS OF THE DATA SUBJECT AND COMPLAINT TO THE SUPERVISORY AUTHORITY

You have the right:

  • to access your Personal Data;
  • to obtain the rectification of such data or the limitation of the Processing concerning it;
  • to oppose the Processing;
  • to obtain the cancellation of the Personal Data concerning him;
  • to receive, if the Processing is based on consent or contract and is carried out by automated means, in a structured, commonly used, and machine-readable format, their Personal Data, as well as, if technically possible, to transmit them to another holder without hindrance.

To exercise these rights, the interested party can contact the Company at privacy@secureair.it.

The Data Subject also has the right to complain with the competent Supervisory Authority in the Member State in which he habitually resides or works or in the State in which the alleged infringement occurred.

If the Data Subject has registered on the secureair.it website, by accessing his or her account, the same may view his or her Personal Data and/or rectify them, modify the limitations to the Processing, and delete his or her account.

In order to prevent fraud and/or allow the Judicial or Administrative Authority to prosecute them, the Data Controller retains the history of the changes made and the origin of the connection (IP address).

22) CHANGES TO THE PRIVACY POLICY

This Privacy Policy may be amended, also as a result of legislative or regulatory changes, technological changes, and the provision of new services or changes to those already rendered. The user/visitor/customer is therefore invited to periodically consult the Privacy Policy of GAMMA IMPIANTI s.r.l.

23) SECURITY OF PERSONAL DATA

The Data Controller has adopted specific security measures to prevent the loss of the Personal Data of the Data Subject, illegal or incorrect use, and unauthorized access. However, the interested party must use devices equipped with suitable tools for this purpose (such as, for example, updated antivirus and internet connection that ensures the transmission of data through firewalls, spam filters, etc.).

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