General Terms and Conditions of Sale

1. Definitions and scope

1.1. These General Conditions of Sale apply to all contracts concerning the purchase of products concluded through the GuestSide online store between the Seller and the Customer.

1.2. "Consumer" means the natural person who makes a purchase for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

1.3. "Professional Customer" means the natural or legal person who makes a purchase as part of their entrepreneurial, commercial, artisanal or professional activity.

1.4. The term "Customer" indicates without distinction the Consumer or the Professional Customer, unless a different regulation is expressly provided for.

1.5. The provisions of these Conditions specifically addressed to Consumers apply exclusively to Customers who possess this qualification pursuant to current legislation.

1.6. The indication of a VAT number or the use of a professional account does not automatically determine the loss of the qualification of Consumer when the purchase is made for purposes unrelated to any professional activity carried out.

1.7. Any general conditions prepared by the Customer do not apply unless expressly accepted in writing by the Seller.

1.8. The Customer is invited to read these Conditions carefully before placing an order and can save, download or print them for future reference.

2. Products and information published on the Site

2.1. The main characteristics of the products are indicated on the relevant pages of the online store.

2.2. The Customer is required to read the description of the product before making the purchase and check its characteristics, dimensions, composition, method of use, quantity, compatibility and any warnings.

2.3. Product images are for representative purposes. Any minor differences in color or appearance due to screen settings, lighting conditions or the device used do not in themselves constitute a product defect.

2.4. The images and descriptions do not limit the rights recognized to the Consumer regarding the conformity of the goods.

2.5. The availability indicated on the Site is updated regularly, but may not reflect actual warehouse stocks in real time.

2.6. The Seller will not replace an ordered product with a different product without the Customer's consent.

2.7. The Seller may establish reasonable quantitative limits on the purchase of certain products, also for the purpose of guaranteeing their availability or preventing anomalous uses of the service. Any limits are communicated before the order is completed.

3. Purchase procedure

3.1. To make a purchase, the Customer selects the desired products, adds them to the cart and proceeds to fill in the information requested during checkout.

3.2. Before sending the order, the Customer can:

• check the selected products and their quantities;
• modify or remove the products in the cart;
• correct the contact, billing and delivery details;
• check the price of the products;
• check applicable taxes;
• check any discounts;
• check shipping costs;
• check the total amount of the order;
• select the available payment method.

3.3. Before submitting the order, the Customer is required to verify the correctness of the data entered and to read these General Conditions of Sale and the information relating to the right of withdrawal.

3.4. The order is transmitted via the final checkout button, clearly associated with the obligation to make the payment.

3.5. By sending the order, the Customer formulates a binding contractual proposal relating to the products contained in the cart.

3.6. The Customer receives an automatic email confirming receipt of the order and summarizing the main information relating to the purchase.

3.7. Unless otherwise expressly indicated in the communication, the automatic confirmation of receipt exclusively certifies that the order has been correctly received and does not constitute acceptance of the purchase proposal.

4. Conclusion of the contract

4.1. The descriptions and presentation of the products in the online store constitute an invitation to formulate a purchase proposal and not a binding contractual offer by the Seller.

4.2. The contract is considered concluded when the Seller:

• expressly communicates acceptance of the order to the Customer; or
• transmits confirmation of shipment of the products;

whichever occurs first.

4.3. The Seller may not accept an order, in whole or in part, in the presence of objective reasons, including:

• unavailability of the product;
• failure to authorize or complete payment;
• incomplete, inaccurate or unverifiable data;
• obvious error in the price or description of the product;
• failure to comply with the access requirements to a specific professional price list;
• failure to pass the necessary tax checks;
• reasonable suspicion of fraud, abuse, illicit or unauthorized use of the service;
• impossibility to deliver to the address indicated;
• limitations established by law.

4.4. In case of non-acceptance of the order, the Seller will inform the Customer without undue delay.

4.5. If a payment has already been debited for an order not accepted, the relevant amount will be refunded without unjustified delay using, unless otherwise agreed, the same payment method used by the Customer.

4.6. If only some products are not available, the Seller may propose to the Customer the partial execution of the order. The Customer retains the right to accept or reject the proposal.

4.7. The Seller retains the information relating to the contract according to the terms established by applicable law.

4.8. After the conclusion of the contract, the Customer receives the summary of the order, the applicable contractual information and the information relating to the right of withdrawal on a medium that allows it to be stored.

4.9. When available, the registered Customer can consult their orders via the personal area.

5. Prices, VAT, professional price lists and invoicing

5.1. All prices are expressed in euros, unless otherwise indicated.

5.2. The Site clearly indicates whether the prices displayed include or do not include VAT.

5.3. Before sending the order, the Customer displays the total price due, including applicable taxes, any shipping costs and any further known costs.

5.4. Any shipping costs are indicated separately before sending the order.

5.5. Professional Customers can access, after registration, verification and approval by the Seller, specific prices or price lists depending on the assigned commercial category.

5.6. Assignment to a professional price list is subject to verification of the requirements requested by the Seller and does not constitute a permanent right of the Customer.

5.7. The Seller may change the assignment to a price list or the related conditions for future orders. The modifications do not affect contracts already concluded.

5.8. Any personalized or reserved prices are shown to the authenticated Customer before sending the order.

5.9. In the presence of an obvious and recognizable price error, the Seller informs the Customer before accepting the order and allows him to confirm the purchase at the correct price or cancel the order.

5.10. The applicable VAT treatment is determined based on current legislation, the type of Customer, the country of establishment or destination and the tax information communicated.

5.11. Any application of the regime envisaged for intra-community operations towards Professional Customers is subject to:

• the communication of a valid VAT number;
• the verification of the VAT number through the available systems;
• the existence of all the requirements established by the applicable tax legislation.

5.12. If the VAT number communicated is not valid or the necessary requirements for the application of the requested tax treatment do not exist, the Seller may apply the VAT due, request the integration of the amount or not accept the order.

5.13. The Customer is responsible for the correctness, completeness and truthfulness of the tax data communicated.

5.14. Tax documents are issued according to applicable legislation and based on the information provided by the Customer.

5.15. The Customer is required to correctly communicate the data necessary for invoicing before issuing the relevant document. Any subsequent modification requests are managed within the limits permitted by tax legislation.

6. Payment methods

6.1. The available payment methods are indicated on the Site and during the purchase procedure.

6.2. The Customer can only use the payment methods made available in the checkout for the specific order.

6.3. Unless otherwise agreed, payment is due when the order is sent.

6.4. Payment may be handled by external payment service providers. In such cases, the contractual conditions and information of the relevant provider may also apply.

6.5. The Seller does not directly acquire the complete data of the payment instruments when such information is processed exclusively by the payment service provider.

6.6. If the payment is not authorized, completed or received, the Seller may suspend processing of the order or not accept it.

6.7. If an advance payment by bank transfer is agreed, the processing of the order can begin after the actual crediting of the amount, unless otherwise indicated.

6.8. If the Professional Customer is granted deferred payment terms, the terms agreed and indicated in the relevant commercial or tax documents apply.

6.9. In the event of late payment by a Professional Customer, default interest and further consequences provided for by the legislation relating to late payments in commercial transactions may apply.

7. Delivery and shipping

7.1. The geographical areas in which delivery is available are indicated on the Site or during checkout.

7.2. Shipping methods, costs and indicative times are described on the "Shipping and payment" page and are summarized, when applicable, before sending the order.

7.3. Delivery is made to the address indicated by the Customer during the purchase procedure.

7.4. The Customer is responsible for the correctness and completeness of the delivery address and the information necessary for delivery.

7.5. Delivery times indicated are estimated based on normal operating conditions and may vary depending on destination, product availability, payment method, periods of high demand or circumstances beyond the Seller's reasonable control.

7.6. In contracts concluded with a Consumer, unless otherwise agreed upon, the Seller carries out delivery without unjustified delay and in any case within the terms established by applicable legislation.

7.7. In the event of a delay in delivery, the rights recognized to the Consumer by current legislation remain unaffected.

7.8. If the delivery cannot be completed for reasons attributable to the Customer, such as:

• wrong or incomplete address;
• absence of the recipient after the attempts foreseen by the carrier;
• failure to collect the shipment;
• unjustified refusal of the delivery;

the Seller may request reimbursement of costs actually incurred and documented for returning the goods or for a new shipment.

7.9. No cost is charged to the Customer when the failure to deliver depends on the Seller, the carrier or circumstances not attributable to the Customer.

7.10. Direct collection at the Seller's headquarters or warehouse is not available, unless otherwise indicated or agreed in writing.

7.11. For contracts concluded with a Consumer, the risk of loss or damage to the products is transferred to the Consumer when the latter, or a third party designated by him other than the carrier, physically takes possession of the products.

7.12. If the Consumer independently chooses a carrier not proposed by the Seller, the risk is transferred in accordance with the provisions of the applicable legislation.

7.13. At the time of delivery, the Customer is invited to check the integrity of the packaging and the correspondence of the number of packages.

7.14. In the presence of visible damage, the Customer is invited to report it to the carrier and to accept delivery with specific reservation, describing the damage detected.

7.15. Failure to formulate a reservation to the carrier does not entail the loss of the mandatory rights recognized to the Consumer.

8. Consumer right of withdrawal

8.1. The right of withdrawal provided for by the legislation on distance contracts belongs exclusively to the Consumer.

8.2. Except for the exceptions provided by law, the Consumer may withdraw from the contract without indicating the reasons within fourteen days.

8.3. For product sales contracts, the term starts from the day on which the Consumer, or a third party designated by him other than the carrier, acquires physical possession of the products.

8.4. In the case of multiple products ordered through a single order and delivered separately, the deadline starts from the day of acquisition of physical possession of the last product.

8.5. The Consumer can exercise the right of withdrawal through:

• the digital withdrawal function made available on the Site;
• the standard withdrawal form;
• an explicit communication containing the decision to withdraw from the contract.

8.6. The digital withdrawal function is made easily accessible and available on the Site during the period in which the right can be exercised.

8.7. After sending the declaration via the digital function, the Consumer receives without unjustified delay a confirmation on a durable medium containing the summary of the request and the date and time of transmission.

8.8. The use of the digital function does not limit the Consumer's right to communicate the withdrawal using the other tools provided by law.

8.9. The Consumer can also communicate the withdrawal to the e-mail address info@guestside.it, indicating the information necessary to identify the Customer, the order and the products concerned.

8.10. The right is considered exercised within the terms when the communication is sent before the expiry of the withdrawal period.

8.11. The Consumer returns the products without unjustified delay and in any case within fourteen days from the date on which he communicated the decision to withdraw.

8.12. The return methods and address are indicated on the "Information on the right of withdrawal" page or in the instructions provided by the Seller.

8.13. Unless the Seller has declared to bear them, the direct costs of the return are borne by the Consumer.

8.14. In case of valid exercise of the right of withdrawal, the Seller reimburses the payments received for the products subject to the withdrawal, including any costs of the standard delivery method incurred by the Consumer.

8.15. Any additional costs resulting from choosing a more expensive delivery method than the proposed standard delivery are not refunded.

8.16. The refund is made without unjustified delay and within the terms established by applicable law, using the same payment method used for the purchase, unless otherwise agreed with the Consumer.

8.17. The Seller may suspend the reimbursement until receipt of the products or until the Consumer demonstrates that they have been sent back, if earlier.

8.18. The Consumer is responsible for any decrease in value of the products resulting from handling other than that necessary to establish their nature, characteristics and functioning.

8.19. The right of withdrawal is excluded in the cases provided for by current legislation, including, when applicable:

• products made to measure or clearly personalized;
• products that risk deteriorating or expiring rapidly;
• sealed products that are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery;
• further categories expressly excluded by law.

8.20. The conditions, operating methods, applicable exclusions and the withdrawal form are described on the "Information on the right of withdrawal" page, which constitutes an integral part of these Conditions.

8.21. The Professional Customer does not benefit from the statutory right of withdrawal provided for Consumers. Any commercial returns by Professional Customers are permitted exclusively with the prior written authorization of the Seller and according to the agreed conditions.

9. Legal guarantee and product conformity

9.1. Guarantee applicable to Consumers

9.1.1. The legal guarantee of conformity provided for by the Consumer Code applies to Consumers.

9.1.2. The Seller is responsible towards the Consumer for defects of conformity existing at the time of delivery and which appear within two years of delivery of the product.

9.1.3. The action aimed at asserting defects of conformity not maliciously concealed by the Seller expires within the terms established by the applicable legislation.

9.1.4. In the presence of a lack of conformity, the Consumer has the right, in the cases and according to the conditions established by law, to restore conformity by repair or replacement, without charge.

9.1.5. When the conditions established by law are met, the Consumer can obtain a proportional reduction in the price or termination of the contract.

9.1.6. The remedies are applied in compliance with the criteria of proportionality, possibility, reasonableness and absence of significant inconveniences provided for by current legislation.

9.1.7. To request assistance relating to a possible lack of conformity, the Consumer can contact the Seller at info@guestside.it, indicating:

• order number;
• affected product;
• description of the problem;
• any documentation useful for the evaluation.

9.1.8. Any request for photographs or further information is intended to facilitate the evaluation of the problem and does not limit the mandatory rights of the Consumer.

9.1.9. Any commercial guarantees offered by the manufacturer or third parties are additional and do not replace or limit the legal guarantee owed by the Seller.

9.2. Warranty applicable to Professional Customers

9.2.1. The provisions of the Civil Code regarding guarantees for defects in the goods sold apply to purchases made by Professional Customers.

9.2.2. Unless otherwise agreed in writing or otherwise provided by law, the Professional Customer is required to report any defects within the time limits established by Article 1495 of the Italian Civil Code.

9.2.3. Subject to the exceptions provided by law, the Professional Customer's warranty rights are subject to the limitation and forfeiture periods established by the applicable civil law.

9.2.4. Any commercial guarantees expressly granted by the Seller or the manufacturer remain unaffected.

10. Use, storage and maintenance of products

10.1. The Customer is required to use, store and, when applicable, install the products in compliance with:

• their intended use;
• the instructions provided;
• the warnings in the packaging;
• the manufacturer's instructions;
• of the normal rules of diligence.

10.2. Deteriorations deriving exclusively from:

• improper or non-compliant use;
• failure to comply with the instructions;
• storage in unsuitable conditions;
• normal wear and tear;
• accidental damage following delivery;
• modifications, repairs or interventions carried out by unauthorized parties;

unless the problem derives from a lack of conformity or from a cause attributable to the Seller.

10.3. Nothing in this article limits the mandatory rights recognized to the Consumer.

11. Assistance, communications and complaints

11.1. The Customer can contact the Seller through the following contact details:

Telephone: +39 045 6083311
General e-mail and assistance: info@guestside.it
E-mail relating to orders: ordini@guestside.it

11.2. To facilitate the management of the request, the Customer is invited to indicate the order number and a clear description of the problem.

11.3. The Seller examines complaints and provides feedback within a reasonable time, taking into account the nature and complexity of the request.

11.4. The submission of a complaint does not limit or suspend the rights recognized to the Consumer by the applicable legislation.

11.5. In the cases provided for by law, the Consumer may resort to alternative dispute resolution procedures.

11.6. If the Seller is obliged or has undertaken to use a specific alternative dispute resolution body, the relevant information is provided to the Consumer in accordance with the law.

12. Liability and causes of force majeure

12.1. The Seller is responsible for the execution of the contract in accordance with the applicable legislation.

12.2. Nothing in these Conditions excludes or limits:

• liability for willful misconduct or gross negligence;
• liability for personal injury in the cases provided for by law;
• liability deriving from defective products;
• the mandatory rights recognized to Consumers.

12.3. The Seller is not responsible for failure or delay in performance caused by events that are not reasonably foreseeable or controllable, such as, by way of example:

• natural disasters;
• fires;
• floods;
• epidemics or emergencies health services;
• wars;
• unrest;
• authority measures;
• general strikes;
• extraordinary transport interruptions;
• generalized unavailability of networks;
• events that prevent or significantly delay production, procurement or delivery.

12.4. In the presence of such circumstances, the Seller informs the Customer when possible and takes reasonable measures to limit their effects.

12.5. The fulfillment of the obligations concerned may be suspended for the duration of the impediment.

12.6. The mandatory rights of the Consumer in the event of non-delivery or excessive delay remain unaffected.

13. Protection of personal data

13.1. The Customer's personal data are processed in compliance with the applicable legislation on the protection of personal data.

13.2. Information relating to the data controller, the purposes, the legal bases, the retention times, the recipients and the rights of the interested party are available in the Privacy Policy of the Site.

13.3. The use of cookies and similar technologies is governed by the Cookie Policy and the preferences expressed through the consent management system.

13.4. Payment service providers may process Customer data in accordance with their own data protection policies.

14. Applicable law and competent court

14.1. These Conditions and the contracts concluded through the Site are governed by Italian law.

14.2. If the Customer is a Consumer resident in another country, the application of Italian law does not entail the loss of any mandatory protections recognized by the law of the country in which the Consumer habitually resides.

14.3. For any dispute relating to a contract concluded with a Consumer, the judge identified by the applicable mandatory rules is competent and, in particular, the judge of the place of residence or domicile of the Consumer, when provided for by law.

14.4. For any dispute relating to a contract concluded with a Professional Customer, the Court of Bolzano has exclusive jurisdiction, unless otherwise agreed in writing.

14.5. In relations with Professional Customers, the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded to the extent permitted by law.

15. Final provisions

15.1. The version of the General Conditions of Sale available and accepted by the Customer at the time the order is sent applies to the contract.

15.2. The Seller may modify these Conditions for regulatory, technical, organizational or commercial reasons.

15.3. The changes apply exclusively to orders placed after their publication, unless the law provides otherwise.

15.4. If a provision of these Conditions is declared void, invalid or ineffective, the remaining provisions shall continue to have effect.

15.5. Any failure to exercise a right by the Seller does not constitute a waiver of the right itself.

15.6. These Conditions must be interpreted in compliance with the applicable mandatory rules and the mandatory rights recognized to Consumers.

16. Specific approval of Professional Customers

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Professional Customer declares that it has read and expressly approves, where applicable, the following provisions:

• article 3.5 – binding nature of the purchase proposal;
• article 4.3 – right of the Seller not to accept the order;
• article 5.6 – verification of the requirements for access to professional price lists;
• article 5.7 – modification of the assignment to price lists for future orders;
• article 5.12 – tax verification, application of VAT and non-acceptance of the order;
• article 6.6 – suspension or non-acceptance in the event of payment problems;
• article 7.8 – costs deriving from non-delivery attributable to the Customer;
• article 8.21 – exclusion of the legal right of withdrawal for Professional Customers;
• article 9.2 – guarantee regulations applicable to Professional Customers;
• article 12 – liability and causes of force majeure;
• article 14.4 – exclusive jurisdiction of the Court of Bolzano;
• article 14.5 – exclusion of the United Nations Convention on the International Sale of Goods.