1. Definitions

These General Terms and Conditions govern the use of the Application and the purchase of Products offered through it.

• Controller: GILBI Srl, Via Monte Sabotino 2, 24121 Bergamo (BG), VAT No. 04598080168, e-mail: [email protected]
• Application: the GILBI website and all related digital services
• Products: goods and/or services available through the Application
• User: any natural or legal person who accesses and uses the Application
• Terms: these General Terms and Conditions of use and sale

2. Information about the Application

GILBI offers digital services for SMEs, including web development, Shopify e-commerce, digital marketing, SEO, GEO and strategic consulting. The Application provides information about the services offered and allows Users to request quotes, contact the Controller and purchase Products.

3. Scope of Application

Use of the Application implies acceptance of these Terms by the User. The User is required to read the Terms carefully before using the Application or purchasing any Product. Placing an order presupposes full knowledge and acceptance of these Terms.

4. Purchase of Products

The Products offered through the Application are described and presented as accurately as possible. However, the descriptions and images of Products on the Application are not contractually binding.

The presentation of Products on the Application constitutes an invitation to offer by the User. The User’s order constitutes a contractual purchase proposal. The contract is deemed concluded when the User receives order confirmation from the Controller.

The Controller reserves the right to refuse orders that are irregular, non-compliant or made in bad faith.

5. Registration

To access certain features of the Application, the User may be required to register by providing truthful, complete and up-to-date information.

The User is responsible for safeguarding their login credentials and for all activity carried out through their account. In the event of unauthorised use of the account, the User must immediately inform the Controller.

6. Account Deletion

The User may request the deletion of their account at any time by contacting the Controller at [email protected]. Account deletion will result in the removal of the User’s data, except where retention is required by law.

7. Subscriptions

Some Products may be offered as subscriptions with periodic renewal. The User will be informed in advance of the expiry date and renewal terms. The subscription renews automatically unless cancelled within the prescribed timeframe. The specific features of each subscription are described on the relevant page of the Application.

8. Prices and Payments

All prices shown on the Application include VAT, where applicable, and all other taxes. Shipping costs, where applicable, are indicated separately before order confirmation.

Payments are processed through secure third-party services. The Controller does not store nor have access to the User’s full credit card details.

9. Invoicing

The User is required to provide accurate and complete billing information. The Controller will issue invoices in compliance with applicable regulations. Any requests for changes to billing information must be communicated promptly.

10. Delivery of Digital Products and Services

Digital products and services will be made available to the User within the timeframes indicated in the order confirmation. Delivery times run from the date of order confirmation and related payment. In the event of delays, the Controller will promptly inform the User.

11. Exclusion of Right of Withdrawal for Business Users

The provisions relating to the right of withdrawal do not apply to Users acting in a professional capacity, i.e. within the scope of their business, commercial, artisanal or professional activity.

12. Consumer Right of Withdrawal

The Consumer User has the right to withdraw from the contract without giving any reason within 14 days from the conclusion of the contract or from delivery of the Product.

To exercise the right of withdrawal, the User must send an explicit communication to the Controller at [email protected].

In the event of withdrawal, the Controller will refund the User using the same payment method used for the original transaction, within 14 days of receiving the withdrawal communication.

13. Exclusions from the Right of Withdrawal

The right of withdrawal is excluded in the following cases:

• Products made to measure or clearly personalised
• Sealed products which are not suitable for return due to hygiene or health protection reasons and which have been opened after delivery
• Digital content supplied on a non-tangible medium whose performance has begun with the User’s consent and waiver of the right of withdrawal
• Services fully performed with the User’s consent before the expiry of the withdrawal period

14. Optional Withdrawal Form

The User may use the following optional withdrawal form, to be sent to [email protected]:

I hereby notify my withdrawal from the contract of sale/supply of the following Products/services: [description]. Ordered on [date] / received on [date]. User’s name. User’s address. Date and signature.

15. Conformity Guarantee

Products are covered by the legal guarantee of conformity for a period of 2 years from delivery. The Consumer User is obliged to report any defects of conformity within 26 months of delivery. In the event of a defect of conformity, the User is entitled to the restoration of conformity at no cost, a price reduction or the termination of the contract.

16. Intellectual Property

All content of the Application, including texts, graphics, logos, images, software and source code, is the property of the Controller or its licensors and is protected by copyright and intellectual property laws. Any reproduction, distribution or unauthorised use of the content without the prior written consent of the Controller is prohibited.

17. Disclaimer of Warranty

The Application is provided “as is” and “as available”. The Controller does not guarantee that the Application is error-free, uninterrupted or meets the User’s specific requirements. The Controller endeavours to ensure maximum availability and functionality of the Application, but cannot exclude temporary interruptions due to maintenance or force majeure.

18. Limitation of Liability

Except in cases of wilful misconduct or gross negligence, the Controller’s total liability to the User shall in no event exceed twice the price paid by the User for the Product or service giving rise to the dispute. The Controller shall not be liable for indirect, incidental, special or consequential damages.

19. Force Majeure

The Controller shall not be liable for failures or delays in the performance of its obligations caused by force majeure events, including but not limited to: natural disasters, wars, strikes, pandemics, telecommunications or power interruptions, government orders.

20. Links to Third-Party Websites

The Application may contain links to third-party websites. The Controller is not responsible for the content, privacy policies or practices of such websites. Access to third-party websites is entirely at the User’s own risk.

21. Privacy

For information on the processing of Personal Data, please refer to the Privacy Notice available at Privacy Policy.

22. Applicable Law

These Terms are governed by Italian law. For any dispute arising from these Terms, the Court of Bergamo shall have jurisdiction, except where the User is a Consumer, in which case the court of the Consumer’s place of residence or domicile shall have jurisdiction.

23. Online Dispute Resolution

The Consumer User residing in Europe may use the ODR (Online Dispute Resolution) platform made available by the European Commission for the out-of-court resolution of disputes. The platform is accessible at the following address: https://ec.europa.eu/consumers/odr

Last updated: 08/01/2024