General Terms and Conditions of Sale

Tecnogas S.r.l. provides the following General Terms and Conditions as the regulatory source for purchases made on its E-commerce site www.tecnogas.net.
These General Terms and Conditions shall apply in the ordinary way to all Users; any differences of discipline between natural persons and other legal entities shall be governed by the following provisions.

Art. 1 – Definitions

• 1.1 These General Terms and Conditions shall interpret the following terms in the meaning set out alongside:
  • “Tecnogas” and “Company” mean Tecnogas S.r.l., with registered office in Albignasego (PD), Via Leonino Da Zara n. 10 – P. IVA n. 03859580288 | tel. 049 8625910 | mail info@tecnogas.net;
  • “E-commerce” means Tecnogas’s online store, accessible at www.tecnogas.net;
  • “Product’ means all Products offered on your E-commerce;
  • “Price” means the price of the Products of interest as they are placed in the virtual shopping cart and calculated according to the Products and quantities ordered, net of any shipping costs but inclusive of statutory rates;
  • “Order” means the Products purchased from the E-commerce and for which the Price has been paid, possibly including delivery charges;
  • “User” means the natural person or other legal entity duly registered on the E-commerce site, according to the form provided for the purpose.

Art. 2 – Object

• 2.1 The present General Conditions govern the purchase of Products marketed on E-commerce, even if not Tecnogas branded, in the following provisions.

Art. 3 – User Registration

• 3.1 The purchase of Products on the E-commerce site is reserved for registered Users.
• 3.2 The User registers through the dedicated procedure, providing his personal data in a complete, correct and truthful manner. The registration procedure results in the activation of an account associated with the User, including username and password, as a validation system for access to the E-commerce.
  Necessary for registration is the prior declaration of consent to the processing of personal data, for the purposes referred to in the art. 13, as well as the acknowledgment, reading and acceptance of these General Conditions, without prejudice to the application of the articles. 1341 and 1342 c.c.
• 3.3 Tecnogas shall not be liable for any incomplete, incorrect or untruthful data provided by the User. In any case, after registration the User may update or change his personal data through the “Account – My data” section.

Art. 4 – Catalogue and Product Characteristics

• 4.1 In its E-commerce Tecnogas sells equipments and accessories for air conditioning, heating and ventilation systems.
• 4.2 The characteristics of the Products are those represented in the relevant detailed information, including illustrative pictures.
  
• 4.3 Subject to specific exceptions, the right of withdrawal and the consequent return and refund policy is regulated uniformly for all Products, in the details of Articles 11 and 12.

Art. 5 – Availability of Products

• 5.1 The Products marketed in the E-commerce may undergo variations in availability, also due to the simultaneous purchase of other Users.
• 5.2 Variations in availability may become apparent at the time of purchase or subsequent Order confirmation; in this eventuality, the Order shall be rectified automatically, with a request for new acceptance by the User. If the Order is not fulfilled, art. 6.3.

Art. 6 – Purchase of Products and Order Confirmation

• 6.1 The purchase of Products, following the instructions, takes place via the virtual shopping cart, including the articles of interest selected for purchase. Before the conclusion of the procedure, the User may again check or enter the necessary information, also concerning the payment method.
• 6.2 With payment of the Price, Tecnogas and the User shall finalise a contract of sale, governed by Italian law, for the Products subject of the Order and with application of these General Conditions, conditional on confirmation of the Order by Tecnogas. In particular, it is specified that the User’s purchase is valid as an irrevocable contractual proposal, formal acceptance of which is given by Tecnogas’ confirmation of the Order, communicated to the User at the email address indicated at the time of registration or purchase and containing the details of the Order.. 11.
• 6.3 If, for reasons of availability or otherwise, the Order is not confirmed in full or in part, Tecnogas shall refund the User for the Price unduly paid within the next 14 days.
• 6.4 Upon conclusion of the contract, Tecnogas shall send the User the relevant sales receipt or invoice, also in electronic form.
• 6.5 The Products are marketed in the amounts referred to them, including VAT and any promotional discounts.
• 6.6 The amounts indicated do not include shipping costs, which are instead calculated at the time of purchase, depending on the quantity and type of Products, and are visible in the Virtual Cart.
• 6.7 Tecnogas reserves the right to update the amounts of Products, in the event of error, also by notifying the User who made the purchase of the correct amount; in such a circumstance, the Order shall not be considered confirmed until new acceptance by the User. Art. 6.3. 6.3.

Art. 7 – Payment Modalities

• 7.1 Payment of the Price may be made by:
  PayPal;
  Credit Card, Debit Card or Prepaid Card,
  Bank transfer,
  Payment on delivery (with additional rate),
• 7.2 The method of payment of the Price may be indicated in the registration procedure provided for in Article 3 and in any case during purchase; no other method of payment is permitted.

Article 8 – Shipment and Delivery

• 8.1 By confirming the Order Tecnogas undertakes to promptly ship the purchased Products within no. 7 working days. Shipment shall be by express courier throughout Europe.
• 8.2 Delivery of the Order shall be made to the User’s address, as indicated at the time of purchase, within the term estimated at the time the delivery method is selected. It is specified that the deadline referred to in this paragraph is of an ordinary nature and shall not determine any liability for Tecnogas in the event of non-compliance.

Article 9 – Passing of Risk

• 9.1 Pursuant to Arts. 1376 and 1464 of the Italian Civil Code, by confirming the Order and finalising the contract as per Art. 6.2, the User assumes the risk of loss of purchased Products, where not attributable to Tecnogas.

Article 10 – Declarations of Conformity and Warranty for Defects

• 10.1 Tecnogas declares that the Products marketed on its E-commerce comply with the applicable regulations and are in conformity with the detailed information, including illustrative images, indicated on the relevant offer pages.
• 10.2 The Vendor’s guarantee is issued on the Products, in the event of defects, within the terms provided by law and for the duration, starting from the delivery of the Order:
  a) of 24 months, where the User is a final consumer;
  b) for 12 months, where the User is another legal entity.
• 10.3 The User shall be obliged to promptly notify Tecnogas of the overall conformity of the Order and any flaws found in the Products, and in particular within no more than 2 months of their discovery in the case of letter a) and within no more than 8 days in the case of letter b). In any case, upon delivery of the Products, the User is obliged to examine them, carefully checking what has been received, especially for easily recognisable circumstances.
• 10.4 The guarantee for defects operates to protect the User in the event of intrinsic defects in the Products, understood as their lack of the promised qualities or unsuitability for their intended use, even if this has occurred, within the term indicated in the preceding paragraph, with the exception of cases in which the defect is attributable to normal wear and tear or results from use in a manner not permitted or not for the intended use. Translated with www.DeepL.com/Translator (free version)
• 10.5 Having communicated the circumstances referred to in the preceding paragraph and in accordance with the terms of this provision, the User undertakes at its own expense to return the Products in question within the next 14 days. The Products in question shall be returned to the registered office of the Company, as indicated in the epigraph.
• 10.6 Upon receipt of the Product, Tecnogas shall carry out the appropriate checks to ascertain the circumstances within the following 14 days, informing the User of the relative outcome. If the circumstances referred to in the fourth paragraph are verified, Article 1492 of the Italian Civil Code shall apply and the consequent termination of the contract or reduction of the Price for the Products involved.

Art. 11 – Right of Withdrawal

• 11.1 Where the User is a final consumer, the free right of withdrawal from the Order placed is recognised, within 14 days from the date of delivery of the Products. The exercise of the right of withdrawal shall have a resolutive effect on the contract of sale concluded for the relevant Order; the provisions of Article 59 of the Consumer Code shall remain unaffected.
• 11.2 The right of withdrawal shall be exercised by sending a notice to ecommerce@tecnogas.net. The subject of the e-mail must contain the keyword ‘WITHDRAWAL’. The notice must contain the following information
  – their personal data;
  – the Order’s references;
  – the details of the Products covered by the right of withdrawal.
  Please note that withdrawal is not recognised for products tahat have been customised compared to the standard versions.

Art. 12 – Return and Refund Policy

• 12.1 By exercising the right of withdrawal referred to in the preceding provision, the User undertakes, at its own expense, to return the Products in question, if already delivered, within the next 14 days. The Products in question shall be returned to the Company’s registered office, as indicated in the epigraph, also for verification of integrity and completeness.
• 12.2 The returned Products must be returned:
  – in their original packaging, and not ruined or damaged – and, if consumable, not even partially used;
  – accompanied by any accessories, instruction manuals or documentation in general;
  – together with the transport documentation in the original apackaging.
  Deterioration of the outer packaging equivalent to the exposed surface during shipment of the goods is acceptable.
  At the end of the integrity and completeness check procedure, Tecnogas shall notify the User of acceptance of the return; the refund to the User of the Price paid, including shipping costs (except for any additional costs arising from the choice of a delivery method other than the proposed ordinary method), shall be arranged within the following 14 days.
• 12.3 It is specified that in the event that the returned Products are lacking in quantity or show signs of wear and tear, even minimal and in any case such as to render them no longer marketable as new, the right of withdrawal shall be deemed not to have been correctly exercised. Unless otherwise specified, the costs of redelivery shall be borne by the User.

Article 13 – Treatment and confidentiality of personal data and orders placed

• 13.1 Pursuant to EU Regulation/2016/679 known as ‘GDPR’, Tecnogas is obliged to protect the confidentiality of personal data of Users and Orders placed.
• 13.2 The Data Controller is the Company Tecnogas S.r.l., as indicated in the epigraph and in the person of its legal representative; pursuant to Article 28 GDPR, the Data Processor, appointed by the Data Controller, is Mr Riccardo Lamenti – tel. 049 8380131 | email r.lamenti@tecnogas.net.
• 13.3 Data shall be processed in an exclusively electronic form, by means of computerised tools and media designed to ensure the security and confidentiality thereof and protection against unauthorised access, and shall involve information relating to Orders, payment methods and other data provided by Users. The data will be processed by means of registration, organisation, storage, processing, modification, selection, extraction, comparison, use, interconnection, communication, dissemination, deletion and distribution, or by a combination of two or more of these operations. Storage is without time limit.
• 13.4 The purposes of data processing concern the dispatch and delivery of Orders, payment methods and communication to third-party payment service providers, as well as for activities of a commercial or marketing nature; in this case, consent to the processing of personal data is optional.
• 13.5 In accordance with the provisions of Chapter III, Section I, of the GDPR. GDPR, at any time the User may exercise his rights vis-à-vis the Data Controller and with a complaint to the Supervisory Authority for possible violations. Additionally, pursuant to Articles 16, 17, 18, 20 and 21, the User is entitled to the rights of access, rectification, oblivion, limitation of processing, data portability and opposition, as well as to lodge a complaint with the Supervisory Authority, based in Rome, Piazza Venezia 11. The Data Subject may send a request to exercise these rights by means of a communication to be sent to the Data Protection Officer, at the address indicated in paragraph no. 2. 2.

Art. 14 – Customer care

• 14.1 Any communication, request or complaint from the User to Tecnogas may be sent to the address indicated in the epigraph:
  via e-mail info@tecnogas.net
  – by telephone 0498380131
• 14.2 Tecnogas welcomes any suggestion or advice aimed at improving the service rendered, also relating to E-commerce.

Art. 15 – General

• 15.1 Tecnogas reserves the right to unilaterally update or change these General Conditions without prior notice or communication. If some of the provisions lapse, the remaining provisions shall not cease to be effective.
• 15.2 These General Conditions shall be governed by and interpreted in accordance with Italian law, i.e. and by the Consumer Code for distance contracts stipulated by a final consumer and by Legislative Decree No. 70 of 9 April 2003 on e-commerce. Any disputes relating to the same, even if indirectly and for example relating to Orders, shall be devolved to the exclusive jurisdiction of the Court of Padua, without prejudice to the criterion of forum consumatoris in cases of relative application.