Terms of Service
General Conditions of Sale for Products Purchased Online on shop.gait-tech.it

The following General Conditions of Sale regulate the offer and sale of products by GAIT-TECH, with registered office in Via G. Falcone - 41012 Carpi (MO), Italy, Tax Code and VAT number 03890830361, on this website , shop.gait-tech.it (also, alternatively, "GAIT-TECH" or the "Site").

You can request information and/or send communications and/or make complaints about sales, purchase orders, products, payments and shipments by contacting GAIT-TECH Customer Service ("Customer Service"), according to the methods established in Article 12.

Scope

The sale of products through the Site ("Products") constitutes a distance contract governed by Section I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") and Legislative Decree no. 70 of 9 April 2003, containing the rules on electronic commerce.

1.2 These General Conditions of Sale (hereinafter also "CGV") apply to all sales made on the Site.

1.3 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be effective as soon as they are published in the "Terms and Conditions of Sale" section of the Site. For this reason, Customers are kindly invited to log in to the Site regularly and, before making any purchase, to read the most recent version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date on which the purchase order was sent.

Purchase and Registration on the Site

2.1 Access to sales made through the Site is reserved exclusively for Customers (the "Customers"), understood as natural persons, adults, acting for purposes unrelated to their commercial, entrepreneurial, artisanal or professional activity and who are registered on the Site by creating an account. Therefore, by expressly accepting the GCS, the Customer declares to purchase the Products for purposes other than those indicated above.

2.2 Registration on the Site is free. To register on the Site, the Customer must complete the registration form.

2.3 The Site reserves the right to refuse or cancel orders from (i) a Customer with whom a legal dispute is underway; (ii) a Customer who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with the Site; (iii) a Customer involved in any type of fraud and, in particular, credit card fraud; (iv) Customers who have provided false, incomplete or inadequate identification information or who have not timely sent GAIT-TECH any requested documents or who have sent invalid documents; (v) Customers who do not provide sufficient solvency guarantees.

Conclusion of the Contract and Delivery of the Products

3.1 To purchase Products on the Site, the Customer must register, after having read the privacy policy and accepting its GCS. Customers must carefully read the GCS, available on the Site, to be aware of the contents before purchasing.

3.2 By clicking on "Buy" or "Place Order", the Customer places a binding order for the items in the virtual shopping cart.

At the same time, the Customer is shown and sent via email an order code and a payment transaction code with all the details of the purchase.

Following registration of the order form and receipt of authorization to pay the total amount due, the Site will send the Customer the order confirmation, via e-mail, to the e-mail address provided.

The purchase contract (the "Contract") will be concluded between GAIT-TECH and the Customer only when the latter has received an order confirmation via e-mail.

3.3 Orders will be shipped as soon as GAIT-TECH receives full payment of the purchase price and any shipping costs, if specified.

3.4 Whenever an ordered product is not available, without prejudice to the right granted to the Customer by law, the Customer will be promptly informed via e-mail. The Customer will then have the right to immediately terminate the Contract; in the event that the payment of the amount due for the product has already been made, GAIT-TECH will refund this amount without delay and, in any case, within a period not exceeding 15 working days from shipment of the order. The refund amount will be communicated to the Customer via email and will credit the same payment method used by the Customer for the purchase. Possible delays may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.

3.5 GAIT-TECH reserves the right to limit the quantity or type of Products on the Site at any time.

Prices, Shipping and Delivery

4.1 All product prices are inclusive of Value Added Tax ("VAT") for European Union countries. The Customer acknowledges and accepts that the increase in the exchange rate and the conversion costs established by the international circuit are the sole responsibility of the Customer. Any shipping costs and other charges, including VAT, will be specifically and separately indicated in the order form before the Customer transmits the order, as well as in the email containing the order confirmation.

4.2 The price of the Products may be changed at any time, without notice, provided that the price charged to the Customer is that published in the information sheet which illustrates the main characteristics of the Product ("Product Sheet"), at the time of the order. In the event of an error in the indication of the price on the Site, GAIT-TECH will reject the order and offer the Customer the opportunity to purchase the Product at the correct price.

4.3 Orders will be processed and/or shipped by GAIT-TECH from Monday to Friday from 9.30am to 5.30pm. Orders placed over the weekend will be processed starting the first following business day.

4.4 GAIT-TECH delivers on Italian territory and in the following European Union countries (Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Malta, Holland, Poland, Portugal, Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia and Spain).

Customs duties, if any, will be paid by the Customer.

Delivery times are expressed in working days; all days between Monday and Friday, inclusive, are considered as such, excluding any holidays.

4.5 Shipping starts from €10.00 and delivery times vary from 3 to 5 working days;

Shipments outside Italy and to EU countries are subject to a cost starting from €30.00 and delivery times vary from 5 to 7 working days;

4.6 Please note that the delivery and/or shipping times of the products are subject to changes not attributable to GAIT-TECH or to force majeure events, including, but not limited to: strikes, natural disasters, situations external to the company, etc.

4.7 During periods of sales, promotions, events or holidays, shipments may be delayed or take longer, entirely outside of GAIT-TECH's control.

4.8 We do not accept returns or exchanges for sale items. All sales of discounted products are final. We encourage you to carefully review product details, including size, color and condition, before making your purchase. If you have questions or concerns about a product, please contact our customer service team for assistance.

Purchase Orders - Product Information

6.1 GAIT-TECH will proceed with the execution of the purchase order and will ship the purchased product only after receiving confirmation of payment of the total amount due, consisting of the purchase price, any shipping costs, if applicable, and any other costs additional, as indicated in the order form ("Total Amount Due"). In case of failure to pay the Total Amount due or in case of failure to confirm payment, the purchase contract will be automatically terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The Customer will be informed of this termination and the cancellation of the resulting order immediately after the order is transmitted via the Site.

6.2 The Products will remain the property of GAIT-TECH until receipt of the Total Amount by the Customer. The risk of loss or damage to the Products, due to causes not attributable to GAIT-TECH, will instead be transferred to the Customer when the latter, or a third party designated by him other than the carrier, is physically in possession of the Products concerned.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the computer system or computer settings used by Customers for viewing. The images of the Products in the Product Sheet may also differ in size or in relation to any accessories. These images must therefore be considered indicative and with tolerances regarding use. For the purposes of the Contract, the description of the Product contained in the order form sent by the Customer prevails.

Payment

7.1 The Site accepts payments made with Maestro, Mastercard, Visa, PayPal, American Express, Apple Pay and Google Pay.

7.2 To confirm payment by the bank, GAIT-TECH will send the Customer an email containing the payment confirmation and an order identification number. Upon completion of the shipment of the goods, the Site will send the Customer another e-mail with the data necessary for tracking the package.
Application of Promotional Coupons
Promotional coupons:
they can have a value expressed as a percentage or fixed amount; they cannot be purchased by Customers but are offered by GAIT-TECH as part of promotional campaigns; they can be used for a limited period of validity. Some promotional coupons can be applied to all products in the virtual cart; others can only be applied to the individual product.
Promotional vouchers can only be used once, in relation to a single order, within the specified validity period.
Additionally, some promotional coupons may be excluded from the purchase of certain products or the use of a coupon may be subject to a minimum spend.
If the amount of the voucher is not sufficient to cover the value of the products ordered, the difference can be paid following the procedures indicated in Article 7.
Promotional coupons cannot be combined for the same order or transferred to third parties and can only be used if the order is finalized. Furthermore, they cannot be used retroactively.
If, during the order, the Customer has used a promotional voucher and the total value of the order - due to the Customer's withdrawal - is lower than the value of the promotional voucher, the Site reserves the right to invoice the original price of the goods remained in the possession of the Customer.
GAIT-TECH may limit the use of the aforementioned vouchers to the achievement of a minimum spending threshold, with the exclusion of shipping costs from the calculation of this threshold.
Cancellation of the Order and Right of Withdrawal The Customer can choose to cancel the order at any time before being informed that the Product has been shipped. To exercise this right, the Customer must send an email to the address specified in Article 12 below. Upon receipt of the request, GAIT-TECH will cancel the order and refund the amount paid within 14 days from the date on which the request was received by the Site.
Right of withdrawal
10.1 In accordance with Article 52 of the Italian Consumer Code (Legislative Decree no. 206/2005), the Customer has the right to withdraw from the contract without having to specify any reason no later than 14 days from the day on which the Customer or a third party, other than the courier, acquires material possession of the purchased goods. The right of withdrawal does not apply to orders relating to personalized Products, such as Products engraved with the Customer's initials or any other form of personalisation.
10.2 To correctly exercise the right of withdrawal, the Customer can use the withdrawal form to be requested directly from the email address customers@shop.gait-tech.it .
After receiving the withdrawal request, GAIT-TECH will send a communication to the Customer via e-mail to confirm it.
10.3 Within 14 days of sending the withdrawal request, the Customer must return the goods to GAIT-TECH via the same courier that originally delivered them, at his own expense. The goods must be shipped in the following way:
Correctly packaged in the original packaging, intact, unused, not damaged or soiled, equipped with the identification label fixed with a seal still attached and accompanied by all possible accessories and documentation, without obvious signs of use;
Accompanied by the original shipping document (located in the original packaging), allowing GAIT-TECH to uniquely identify the Customer (order number, name, surname and address);
10.4 Upon receipt of the Products, GAIT-TECH will, without delay, refund the amount paid to the Customer at the time of purchase, including standard shipping costs, upon receipt of the goods in question or upon receipt by of the Customer, of the proof of shipment, whichever occurs first. In the event that the customer, if available, chooses a type of delivery other than the standard one, the refund will only include standard shipping costs.
10.5 In the event that the Product for which the right of withdrawal is exercised has suffered a decrease in value due to handling other than that necessary to establish the nature, characteristics and functioning of the Product, the refunded amount will be reduced proportionally . GAIT-TECH will notify the Customer of the situation and the resulting reduced refund within 10 working days of receiving the Product.
10.4 In the event that the right of withdrawal is not exercised in accordance with the applicable regulations, this will not lead to the termination of the contract and, consequently, will not give the right to any refund. GAIT-TECH will notify the user within 10 working days of receipt of the Product, rejecting the withdrawal request. If the Product has already been delivered to GAIT-TECH, it will remain there and will be available to the Customer for collection, which must take place at the Customer's expense and responsibility.
10.5 The refund will be made using the same payment method used by the Customer for the purchase, unless the parties expressly agree otherwise. In any case, the Customer will not be charged any costs as a result of this refund, except for any shipping costs for returning the goods.
10.6 The Products will not be replaced due to a change in size. The Customer must return the Product he wishes to replace, according to the procedure described above, and place a new order for the different size.
Legal Guarantee of Conformity
11.1 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 129, 130, 132 of the Italian Consumer Code ("Legal Guarantee").
11.2 The Legal Guarantee is reserved for Consumers in the event of manufacturing defects in the Products or other defects of conformity.
11.3 To benefit from the Legal Guarantee, the Customer must first provide proof of the date on which the purchase and delivery of the Products took place. Therefore, it is advisable for the Customer to keep the invoice sent by GAIT-TECH or any other document certifying the purchase date (for example, the credit card statement) and the delivery date.
11.4 A clear defect exists when the purchased good:
  • it is not suitable to perform the function for which goods of the same type are normally used;
  • does not conform to the description provided by the seller and does not have the characteristics that the seller presented to the consumer as a sample or model;
  • does not show the normal characteristics and performance for a good of this type, which the consumer could reasonably expect, considering the declarations made in advertising or on the labelling;
  • it is not suitable for the specific use desired by the consumer who informed the seller when concluding the contract, culminating in the acceptance of the situation by the seller.
In the event of an obvious defect reported within the prescribed period, the Customer has the right:
  • firstly, to the free repair or replacement of the goods, depending on your preferences, unless the solution requested is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case, given the nature of the sale, to the replacement , if possible, based on the number of items still available for sale;
  • secondly (in cases where repair or replacement is impossible or excessively burdensome or if the repair or replacement has not been carried out within a reasonable period of time or if the repair or replacement has caused significant inconvenience to the consumer) to price reduction or termination of the contract, depending on the Customer's preferences.
11.5 If a Product purchased on the Site, during the period of validity of the Legal Guarantee, shows what could be an obvious defect, the Customer must contact Customer Service, using the contact details and procedures indicated in Article 12. GAIT -TECH will respond promptly to the communication regarding the alleged obvious defect and will inform the Customer of the next steps he should take, also to organize the delivery of the product, taking into account the type of product and/or the defect reported.
11.6 In the event of termination of the Contract caused by the presence of a clear defect in the Products, GAIT-TECH will refund the Customer the total amount paid, consisting of the purchase price, shipping costs and any additional charges. In the event of a price reduction, GAIT-TECH will refund the amount of the reduction, previously agreed with the Customer.
The amount of the refund or reduction will be communicated to the Customer via e-mail and credited to the payment method used by the Customer for the purchase.
11.7 GAIT-TECH will not be responsible for damages of any kind resulting from improper use of the Product or non-compliance with the instructions provided by the manufacturer, as well as for damages caused by accidents or force majeure.
Customer care
12.1 The Customer can contact GAIT-TECH Customer Service, active from Monday to Friday, from 9.30 to 17.30, at the email address customers@shop.gait-tech.it .
12.2 Requests received outside the times indicated above will be processed starting from the first following working day.
Governing Law and Jurisdiction - Alternative Dispute Resolution/Online Dispute Resolution
13.1 These General Terms and Conditions of Sale together with the information provided pursuant to Article 49 of the Italian Consumer Code, before the user is bound by the Contract, represent the entire agreement between GAIT-TECH and the Customers in relation to the contracts concluded via the Site.
13.2 These General Terms and Conditions of Sale and, consequently, the Contracts concluded between users of the Site and GAIT-TECH are governed by Italian law. This is without prejudice to the application, towards consumers who do not have their habitual residence in Italy, of the most favorable and indispensable provisions provided for by the law of the country in which they habitually reside, in particular regarding the deadline for the exercise of the right of withdrawal and the deadline for returning the Products, if the Customer exercises this right, the form and conditions for its communication and for the legal guarantee of conformity. Any dispute arising from the validity, interpretation or execution of the GCS or the Contracts will be resolved by the court of the place of residence or domicile of the Customer.