INDEX 

  1. Premises 

  2. Definitions 

  3.  Costumer’s Obligations 

  4. Purchase Order 

  5.  Conclusion and Effectiveness of the Contract  

  6. Availability of the Items and Credit Note. Shipping.  

  7. Payment. Contract Execution. Terms of Delivery. 

  8.  Custom formalities,fiscal and administrative 

  9. Company’s Faculties 

  10. Binding Appearance 

  11. Right of Withdrawal 

  12. Guarantees for Costumers and Practitioners 

  13. Applicable Law 

  14. Settlements and Jurisdiction 

1. Premisis 

  1. With the present Terms and conditions for online purchase (GCOS) Gateseven s.r.l Fiscal Code and VAT number 04311420618, head office in Caserta (81100 – CE), Via Salvemini, 17 (“Gateseven“), runs the commercial relations with browsers and costumers, as defined below, pursuant to electronic negotiation.

  2. As regards anything not envisaged by the GCOS  please refer (i) Avvertenze e (ii) Privacy.  

2. Definitions

  1. To the expression conventionally indicated with capital letter ( both singular and plural) it has to be given the following meaning:

  • Website: website accessible by URL : gateseven.it

  • Costumer: the one who concludes a contract with Gateseven. Pursuant to the ” Codice del consumo italiano” (Legislative Decree n.206/2005), the costumer is the physical person or juridical who operates for purpose which are outside the business or professional activity, namely the intermediary (The Trader ). When in the following GCOS refers to the Costumer, both Customer  and Trader are included; otherwise, it will be made reference to the person concerned ( for example, in the right of the withdrawal clause, excersisable only by the consumer. 

  • Registration: the operation that release the authentication credentials ( identification Code), represented by an User ID (in the form of alphanumerical code), and by a password (in the form of alphanumerical code), which provide to identify uniquely the Costumer in case of purchase made over time and to provide a better usability of the Website, even through the access to a reserved area;

  • Parts: Gateseven and the Costumer;

  •  Transaction: each operation accomplished electronically involving arising of obligations to be payed by the parts. 

  • Product: object of the single Transaction ( hats and accessories). All information related to  Products collected in the relative schedule won’t meant to be binding to Gateseven, if not agreed in the modalities required to GCOS. It should be noted that, the schedule contains relevant data and info of the Product and in case some particular exigences it is responsibility of the costumer to ask to Gateseven for more info about the Product;  

  • Contract : agreement for the purchase of one or more Products concluded electronically between the Parties pursuant to the GCOS. The contract is considered concluded in the place where Gateseven has its registered office; 

  •  Surfer: any person browsing the Website, who is committed to respecting the rules as far as he is concerned, even if he’s not a Costumer.

  • Price:

    • The amount to be payed in order to buy the Product. 

    • The Price indicated into the Product schedule is valid only for the Costumers 

    • To the Costumers, whether they are resident or not of The European Union, the Price is given in Euro and indicated in the product schedule, it has to include VAT, as provided for in the Article 8 in the matter of charges derived from importation. 

    • For the Trader, who are resident or not of the European Union, the Price is to be understood as net of any disbursement on fiscal matters,  provided by the legislation, and in particular of the VAT, as import charges in which the Article 8 is object of specific trading with Gateseven as provided to the next article 5b. 

  • Charges: other charges levied on the Costumer in order to buy the product, such as shipping costs ( in which is included the packing ). This Charges are anyway indicated to the Costumer before the conclusion of the Contract.

  • Financial Intermediary: the subject operating with Gateseven, by which the payment can be effectuated of the Price and Charges  ( for example paypal, credit institution etc.) 

  • Delivery: for the purpose of exercising of the options previewed from guaranties and from the right of withdrawal, shall be understood as the physical delivery of the Product object to purchase, irrespective of the subject (logistic or postal operator) that operates the relative activities and carries out materially the Delivery to the Costumer.  

3. Costumer’s Obligations 

  1.  The Costumer undertakes to :

  • (i) Comply with the Legal Notices and GCOS 

  • (ii) Use the Website only for consulting the Products and for sending orders; 

  • (iii) Print and keep the GCOS; 

  • (iv) insert real and correct data during the registration on the Website and in the other communications sent to Gateseven and to update without delay data and info provided. 

  • (v) Do not enter third persons, fake, fantasy data; 

  • (vi) Relieve of responsibilities Gateseven for wrong insertion of fiscal documents  due to data mistakes provided by the Costumer, being the one and only responsible of the insertion.  

  1. By buying on this Website, the Costumer guarantees that he is over the age of 18. 

  2. Within the limits of what is said above, in order to guarantee the protection of the industrial and intellectual  property of Gateseven, the Costumer undertakes to use the images of the website only for personal use, functional for the purchase of the product, being reproduction, publication, and diffusion, due to commercial purpose, forbidden, except for the specific path with Gateseven.  It is understood that this prohibition is not applied to social networks and to the websites that promote the sharing of images and comments ( (Facebook ®, Pinterest ®, ecc.).

4. Purchase order. 

  1. The Parties agree that the Costumer can make an order and refine the purchase, following the modalities listed here: 

  • consultation of the on line catalogue and verification of the Product characteristics as described in its schedule; 

    •  Product selection, color an quantity of the Product that  the costumer wants to purchase;

    • Pursuit of the purchase session with ulterior adding of products in the basket (icon Back to the catalogue) 

  • Accomplishment of the Products selections and starting the procedure for completing the purchase (icon Buy) ; 

  • Registration of the Costumer filling the form with his details profile, inclusive of data for the invoice and the items shipping. 

  • Data will be treated in accordance with Privacy. Once that the personal data are collected, the Costumer can complete the purchase by login, avoiding filling it again, if not for modifying or adding data.

  • Verification of the order summary, inclusive of charges due to the shipping.

  • any order modification or addition;  

  • technological confirmation of the order in accordance with the instructions. ( icon “send order” ); 

  • on the basis of payment modalities selected: 

  •  In case of payment by credit card or PayPal:  

    • payment of the Price ( in addition to the specified Charges in the order summary) , following the instructions and the envisaged operations; 

    •  To receipt of an e-mail confirmation about the succes of the translation, with order summary and other useful information, as well as ECGV in pdf format, pdf; 

    • payment of the Price ( as well as specified in the order summery) , following the instructions received)

Conclusion and Effectiveness of the Contract. 

  1. The contract is concluded at the moment that Gateseven gets the payment related to the transaction or at the moment that the financial Intermediary gives the go-ahead of the correct disposition of payment from the Costumer. 

  2.  The Trader can send through an e- mail the request for quotation in order to buy the items, indicating model, size, color and quantity. The Contract will be concluded when the request of quotation will be accepted , without modification, sent by the Trader to Gateseven .

6.Availability of Products and Store Credit. Shipping.

  1. The Costumer can buy the Products linked in the electronic catalogue available on the website and the existing quantities in stock. The Products Database is constantly updated by Gateseven.

  2.  In case the Product purchased by the Costumer is not longer available in stock and can’t be find by Gateseven within the time limit laid down in the Article 54 of Legislative Decree n.206/2005, Gateseven undertakes to report it promptly to the Costumer, who can ask, as an alternative:   

  • full refund with a 20% retention on the disbursed amount of the Product, that must take place as soon as possible and within 30 days; 

  •  The release of a voucher equal to the amount paid for the buying of the Product  , renouncing in that way to the accreditation of the Price. It is understood that, in case the voucher will not be used, in whole or in part, within 90 days from the release, Gateseven will give to the Costumer the remaining amount. 

  1. Shipping location and estimated delivery time are specified in the page Shipping and Delivery. 

7. Payment; Execution of the Contract, Term of Delivery.

  1. Any responsibilities in relation to the correct charge of payments arranged by the optional systems on the website, that are not bank transfer or the processing of data (credit card) is exclusively imputable to the financial Intermediary and/or the institutions that manage that service (Stripe, Paypal) 

  2. Gateseven starts the execution of the Contract just when it will receive the Payment (Price and charges) required by the transaction, and it will inform the Costumer when the shipping of the Products will take place.  

  3. Gateseven provides to its obligations with the Delivery of the items object of Contract which from time to time it uses, in accordance with the selected service as indicated in the Page Shipment and Delivery 

  4. Without prejudice to their rights in favor of the Costumer, the Parties agree to attribute to the Delivery conditions, eventually indicated on the Website, not essentials to the refinement of the Contract, that have to be retained as indicatives. 

  5. Any responsibilities won’t be imputed to Gateseven for delayed or missed Delivery due to unforeseeable circumstances.  

  6. In case the Delivery at the address that the Costumer provided won’t be successful ( for example: unavailability of the Costumer or unjustified rejection of getting the package) Gateseven reserves the right to charge the Costumer the shipping and restitution costs, subtracting them from the refund that it owes to the Costumer. 

8. Customs, fiscal and administrative obligations 

  1. Any tax, duties tributes, licenses, authorizations, permissions and any customs obligations, fiscal and administrative, on which it depends the eventual importation, the Delivery of Products (in  particular, but not exclusive to the Countries not belonging to the European Union) have to depend to the Costumer, who has to take action as soon as he can in order to make the necessaries fulfillment and to sustain the payments.     

9. Faculty of Companies 

  1. Gateseven reserves the rights to, in its own judgement, not accept request for registration or to suspend temporarily or to prevent the access to the website and to make orders, even through the withdrawal and / or the disablement of identification codes of the Costumer, who doesn’t assure guarantees of reliability due to the GCOS , i.e. that he is not respecting the contractual conditions and wants to use the website illegally and in bad faith. Due to the actions here provided, Gateseven will comply to a good faith criterion and reasonability. 

10. Binding appearance 

  1.  The Costumer agrees to apply to the effectuated operations through the use of identification codes attributable to his own activity and to the occurrence of his will or consent indicated to the website, the principle of binding appearance for which the Costumer will always be responsible of the use, even if abusive, of his identification codes. Gateseven can legitimately consider bound the Costumer, identified with his identification code, to all the already said expression of will and consent.  

  1. The Costumer undertakes to adopt any prudence necessary to ensure the secrecy and the proper use of his Identification Codes. The Costumer will be retained responsible of any activity made using his Identification Codes.  

11. Right of withdrawal 

  1. Only the Costumer can apply the right of withdrawal from the Contract in compliance with the provisions of the Italian consumer low ( Legislative decree n. 206/2005) article 64 and followings, which involves the refund of the payment made by the Costumer in the moment of the purchase. The right of withdrawal cannot be apply by the trader. 
  2. The right of withdrawal has to be applied by the Costumer by sending a note to resi@gateseven.it, within 10 days from the delivery (in case of multiple orders, at the date of the delivery  to which the product refers). 
  1. The Product, which its substantial integrity ( not worn, worn out, not stained, or every other material of the package) is an essential condition to apply the right of withdrawal, has to be returned by following the instructions sent by Gateseven via e-mail within 10 following working days from the exercise of withdrawal. 
  2. For the request of changing size,  the return of the Product is at the expense of the Costumer. In case of exercising the right of withdrawal just for some items of your order, the amount will be reimbursed  excluding the shipment price and  a 20 % retention (gestational cost of the Products) equal to the sum of the products purchased by the Costumer. 
  3.  In case every conditions are  respected, Gateseven will provide to refund the amount excluding shipment costs for the purchase of the Products that will be returned (which has to be intact, not worn, not damaged) as soon as possible and, in any case, within 30 days from the communication of the exercise of withdrawal.  
  4. Alternatively to the refund, the Costumer can ask to Gateseven for releasing of a voucher, which can be used to the conditions due to the Article 6B. 
  5. The right of withdrawal cannot be exercised by the Costumer in case of purchasing personalized Products and/or custom made. 
  6.  Further details of costs, timing, return etc, are linked in the document Replacement and Return.  

12. Guarantees for Costumers and Traders. 

  1. Before being commercialized, the Products – result of items crafted by artisans integrally Made in Italy  depending on elaborated techniques by Gateseven, are object of accurate checks and verification that exclude almost completely flaws and defects. In any case, Gateseven assure the application of guarantees of laws in favor of the Costumer, while asking to the Traders a particular care and attention at the moment of the delivery of the Products, in order to report any possible flaws and/or defects.   
  2. For the restitution of Products that the Costumer retains flawed or defected or not conformed, Gateseven reserves the right to ask for proofs by sending photos of the Product for which it is asked to have guarantees provided by the code of Italian consume ( Legislative decree n.206/2005), in which it is certified the request of guarantee. In case of accepting the Costumer’s dispute, Gateseven will send a communication with the authorization to the refund or the instruction at its own expense. In any case, the Costumer, before returning the Product, is invited to wait for the instructions or the eventual offers of Gateseven. In case of missed respect of these conditions, (for example, missed authorization of the refund, return with a different courier indicated from Gateseven), the guarantee will not be applied or anyway could not operate in whole or in part. 
  3. Gateseven ask to the Trader to verify carefully the condition of the Product at the moment of the delivery or before the commercialization to the public. 
  4. Any complaint related to flaws or defects of the Product has to be sent to Gateseven, via e-mail info@gateseven.it with attached photos of the Product in which is it possible to see the flaws or defects, strictly within 8 days from the delivery, under penalty of forfeiture. The returns will not be accepted if not previously authorized in writing by Gateseven, that will examine the returns in order to verify that the defect exist and is due to its own responsibility and only in that case, at its choice, Gateseven will replace or fix the Products identified as defected. In any case, the costs and risks derived from the return of the items are completely to be payed by the Trader. Any different guarantee, of laws too, and any other regulation provided by the legislation in favor of the Trader has to be retained excluded and exceeded to the following Conditions. Notwithstanding the provisions of the Article 131 of the Code of Italian Consume (legislative Decree n.206/2005), the Trader cannot exercise the right of withdrawal to Gateseven. 

13. Applicable Law. 

  1.  Understood the right of the Costumer provided by its own legislation, the GCOS and all the Contracts concluded online on our Website, with Costumers and Traders, are exclusively ruled by the Italian law, with expressed exclusion of the regulation provided by the Vienna Covention of 1980 on the international purchase of movable assets. 

14. Disputes and Conciliation with Competent Court  

  1.  For every disputes derived from the Contracts concluded online, from Transaction and from GCOS, included the ones due to their existence, interpretation, effectiveness,  Gateseven and the Trader, before appealing to the competent juridical authority, will rely on the conciliating service ruled by the regulation of the conciliating service of the Chamber of Commerce of Caserta, which declare to to know and to accept completely. Towards the Trader, in case the conciliation isn’t  positive, or it didn’t start or concluded because of the Trader, the competent court exclusively for all the other disputes related to Transaction and or Contracts is the one of the head office of Gateseven, without prejudice to the possibility for Gateseven to convene the Trader in front of each Court that exercises jurisdiction over the Trader himself.