Terms and Conditions of the Sale

1. DEFINITION AND OBJECT OF THE CONTRACT

1.1 – This contract (“Contract”) is a distance contract under art. 50 and ss. of Legislative Decree 6 September 2005, n. 206 (“Italian Consumer Code”), stipulated at the registration time on the website www.tagliovivo.it (the “Site”). The Contract deals with the sale of movable assets between tagliovivo of GFM SRL, with registered office in Via Ferruccio Parri 43 – 75100 Matera (“GFM SRL”) and the consumer (the “Customer”), which means the subject registered on the Site (a natural person aged more than eighteen, company or other entity), to which the contractual and statutory norms relating to consumers will apply (in particular the Legislative Decree No. 206/2005 ‘Consumer Code’) The Contract is concluded directly through the acceptance by GFM SRL of a purchase proposal issued by the Customer via the Internet on the Website, based on the methods described in the following paragraphs. 1.2 – These general conditions of sale (” Conditions and terms of sale “) and, in particular, the information referred to in Article 52 of the Consumer Code, as provided by GFM SRL on the Site, will remain valid and effective until modified and/or supplemented by GFM SRL. Any changes and/or additions to the Terms and Conditions of Sale will be effective with effect from the date they will be communicated by the Company to the public and apply to sales made from that date. The latest updated version of the Terms and Conditions is available on the Website.

1. ORDERS

2.1 – Orders, binding for the Customer and irrevocable, are sent, following the insertion of the Products in the ‘virtual cart,’ through selection (‘click’) of the option “Proceed with payment” and are accepted by GFM SRL, following the successful completion of the payment, through the ‘Order Confirmation’ of the latter sent, within the next 48 hours, to the e-mail address indicated by the Customer.
2.2 – In case of variation of one or more of the elements previously communicated to the Customer also according to art. 52 of the ‘Consumer Code,’ which mainly the essential characteristics of the Products, the price, including taxes and duties, payment methods, costs, and delivery methods, GFM SRL will send the Customer a new communication, and if the Customer does not accept the new proposal, any sums already paid will be reimbursed.

1. PAYMENT AND SHIPPING METHOD

3.1 – The selling prices of the products illustrated are inclusive of I.V.A. and any other tax. The Company will communicate any changes to the Customer as in point 2.2. Special offers and discounts are valid only in the indicated period and if in force at the time of order confirmation. Methods of payment accepted:

• PayPal
• Credit Card via Stripe
• Cash on delivery (Italy only, at the expense of the Customer)

3.2 – GFM SRL delivers the products to the address indicated by the Customer within approximately five days from the confirmation of payment. The shipment of the Products to the address indicated by the Customer at the time of registration on the Site will take place by express courier delegated by GFM SRL and may be traceable by the Customer.

3.2.1 – Shipping fees are automatically calculated based on the shipping address, and valued as follows:

• Flat Rate Italy – Free Shipping (Available only in Italy)
• Flat Rate EU – €25 (Available in all EU Countries)
• Extra EU Flat Shipping – €35 (Available only in Switzerland and UK)
• Flat US Flat Shipping – €70 (Available all across the United States of America)
• Flat Shipping Extra EU – €50 (All other countries outside Europe Zone)

3.3 – As the recipient, you are liable for all import duties, customs, and local sales taxes levied by the country you are shipping to; the carrier will contact you once your items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods are held at customs. It will be your responsibility to pay the necessary charges for local authorities to release the goods.

3.4 – Please note that Tagliovivo has no control over any customs or import duties that could be levied on international shipments when the package reaches your destination and for which you will be liable. Customs policies vary depending on the country, so we advise you to check these with your local customs office before placing an order as you shall not be entitled to cancel your order based on unforeseen duties or import charges.

3.5 – We take all reasonable care to ensure that the prices are correct at the time when the relevant information is entered. If we discover an error in the price of the products you have ordered, we will contact you to inform you of this error and will give you the option of continuing to purchase the product at the correct price or canceling your order.

3.6 – If the Product is unavailable in the quantity ordered by the Customer, GFM SRL will ship it as soon as it is available, within a maximum of thirty days. Within the same period, in case of unavailability, even temporary, of the Products, GFM SRL will inform the Customer and refund any amounts already paid for the supply’s payment.

1. RIGHT OF WITHDRAWAL

4.1 – The Customer has the right to withdraw from the contract without penalty, specifying the reason within 14 (fourteen) working days from receipt of the products. The Customer may exercise the right of withdrawal within the aforementioned deadline through written communication to GFM SRL based in 70021 Acquaviva delle Fonti (BA) Via Arturo Toscanini, 11, to be sent by registered letter with acknowledgment of receipt. The communication can also be anticipated by e-mail or fax but is necessarily followed by a registered letter within the established terms.

4.2 – If a customer wishes to return a product and withdraw from their contract with GFM SRL, they must return the products to the same address within 14 working days from receiving them. The products are considered returned when they are delivered to the post office or courier before the 14-day period ends. However, the return must be made at the consumer’s expense and risk. GFM will arrange a pick-up service and the costs for shipment back and customs clearance will be deducted from the refund. The products must be returned in their original packaging, perfectly intact, and with the provided documentation for the right of withdrawal to be exercised. The customer cannot withdraw in cases such as opening sealed products, custom-made or personalized products, or products that cannot be returned due to their nature.

4.3 – The customer is responsible for the costs of returning the products, as well as customs clearance and shipping costs. GFM SRL will refund the full price of the products (excluding shipping and customs costs) within 30 days from the date the products are received. The refund will be made free of charge and as quickly as possible, but within 30 days from the date the products are returned to GFM SRL by the customer.

1. USER ACCOUNT

Registration on the Website is free and open to any legal entity or natural person of full age and capacity, with a valid and active email address.

All the information provided by the Customer must be accurate, and each Customer can open only one account.

1. WARRANTY AND ASSISTANCE

For the products purchased by the Customer, GFM SRL applies the rules on guarantees and assistance regarding the sale of consumer goods. In addition to the right of withdrawal on all products, the Articles of Health apply for the manufacturer or importer’s guarantee and assistance as required by current legislation. Along with the products will be sent information on services and existing commercial guarantees.

1. TREATMENT AND CONFIDENTIALITY OF PERSONAL DATA INFORMATION UNDER D.LGS. 196/03

7.1 – According to and for the provisions of the Legislative Decree of 30 June 2003, n.196 Code regarding the protection of personal data (hereinafter the “Code”), the personal data of the Customer, provided and/or acquired subsequently, will be processed by GFM SRL, in Italy and abroad, through electronic and manual tools in compliance with the Code and the current legislation on privacy.

7.2 – The collected data are processed for the following purposes:

• subscribe to the service
• conclude purchase and sale contracts and realize the service;
• carry out the steps necessary to implement the contractual relationship in place;
• send commercial information, advertising, informative and promotional material, by any means (e-mail, SMS, etc.);
• carrying out market research, economic analysis, and statistics, also through telephone contact, to verify the correct functioning of the services and their approval;
• communicate data to third parties for direct marketing purposes.

The provision of data is mandatory for the conclusion of the purchase contract, and optional in other cases. Failure to provide data will make it impossible to execute the order placed.

7.3 – The processing of personal data in question, for the purposes set out above, may also be made by natural or legal persons, in Italy or abroad, who on behalf and/or in the interest of GFM SRL, provide specific processing services or carrying out related, instrumental or support activities. Therefore, the data may be communicated for the same purposes indicated also in:

• anyone who is the recipient of communications necessary to fulfill the obligations arising from the contract or services provided;
• third-party companies specialized in the management of commercial and credit information (such as data processing centers, banks, etc.).
• companies and/or collaborators for the management of administrative services that are used to fulfill their legal or contractual obligations;
• other subjects (companies, companies, natural persons) who collaborate in realizing the services and the purposes indicated are also abroad.

These subjects operate as managers or agents appropriately appointed and instructed.

7.4 – All data acquired cannot be used for purposes other than those indicated above and will be kept for the period necessary to realize the same. After this deadline, the data will be deleted or transformed into an anonymous form. For detailed data on purchases and services, storage times will not exceed those established by current legislation.

7.5 – It remains the Customer’s right to exercise at any time the right to access their data, request the correction, updating, and deletion if incomplete, erroneous, or collected in violation of current legislation, as well as to oppose their treatment for legitimate reasons, by sending a written request to GFM SRL, at the address indicated above.

1. JURISDICTION

The Contract is governed by Italian law. Any dispute concerning the application, execution, interpretation, and violation of the Contract will be the responsibility of the Court in which the Customer has his residence or domicile if the Customer is located in the Italian State, or the Court of Bari if the Customer has his residence or domicile abroad.

GFM SRL, VAT IT01279020778. Headquarters: Via Arturo Toscanini, 11 – 70021 Acquaviva delle Fonti (BA) Italy