Terms and conditions
SALES CONTRACT
Alberto Edoardo Gargantini with registered office in Muehlbacherstrasse 13 – 9232 Rosegg – Austria. VAT Nr. ATU75245218, is the owner of the website www.thegraylingfisherman.com.
The contract stipulated between The Grayling Fisherman and the Customer must be considered concluded with the acceptance. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
1. Shipments of orders
Following the Order confirmation sent to the e-mail address indicated, the Customer can follow the delivery of his Order online. To receive information on shipments, it is also possible to contact us via email, by replying directly to the order confirmation email.
Deliveries of the Products are made within the territory of the European Union. The order is considered concluded through the transfer of the product(s) to the Customer.
Delivery costs are always charged to the customer. They are free for orders over a certain amount, as indicated on the Shipping page.
Shipping times are indicated on the page of each product and start from receipt of payment.
It is possible to check the shipment via online tracking where the delivery day will be highlighted, if the customer is absent the order will go into storage and the customer will be able to collect his order at the courier's office closest to him.
We are not responsible for any delays caused by the courier
In the event that the Customer is a Consumer, he has the right to exercise the withdrawal in accordance with the terms and conditions of sale.
The customer cannot choose the type of courier. In the event that the Customer is a Consumer, the art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a third party designated by him and different from the carrier, materially takes possession of the goods.
ATTENTION: As soon as you receive the goods, please inspect the aesthetics of the boxes and if you find any broken and/or dented you must write on the invoice 'you receive n° x broken packages and the anomaly found (it is not sufficient to simply write yes accept with reserve if broken packages are found, the omission of the wording on the invoice will not allow us to be able to replace the contested package/s free of charge (if it is not possible to view the packages, because for example they are received inside the packaging or apparently perfect you must still write "I accept subject to control" on the delivery note or on the courier slip)
If the received package has the perfect package/s (which must be demonstrated by sending photographic documentation), but after opening the boxes some breakage is found, this dispute must be made on the same day in which the goods are received by email to thegraylingfisherman@gmail.com. Also in this case it is mandatory to sign subject to control in order to open an insurance case.
In the event that the carrier has been chosen by you outside of those proposed during the purchase phase, the risk of damage and perishing of the Products is already transferred to you at the time of delivery to the carrier, precluding any dispute regarding the characteristics external to what was delivered. In this case, any objection must be made directly by you against the carrier." Otherwise, it is advisable to expressly exclude this possibility of choice. As established by art. 63 co. 2 Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
2. Method of purchase
The Customer can purchase the products through the website www.thegraylingfisherman.com. It is understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics but differ in colour, accessory products present in the figure, the description or technical sheet of each individual product is authentic.
Correct receipt of the order is confirmed by The Grayling Fisherman by means of an e-mail reply, sent to the e-mail address communicated by the Customer.
3. Right of withdrawal
Pursuant to art. 52 ss DL 206/05, if the customer is a consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), has the right to withdraw from the purchase contract for any reason.
To exercise this right, the customer must send The Grayling Fisherman a communication to that effect via email thegraylingfisherman@gmail.com within 14 days from the date of receipt of the goods.
The return of the products must take place within 14 days of the notification of withdrawal (Article 57 of the Civil Code).
The art. 57 C.d.C. establishes that "The consumer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods":
The goods must be returned intact, complete with all its parts and in the original packaging (envelopes and boxes), kept and absolutely sealed. The right of withdrawal cannot be applied to customized or non-catalogue products, made specifically for individual requests pursuant to and within the limits of Legislative Decree 6 September 2005 n. 206, in article 59 paragraph 2 letter d)
The right of withdrawal is in any case subject to the following conditions:
Applies to product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product. The purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment; the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer; in the event of damage to the goods during transport, The Grayling Fisherman will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier of his choice and obtain the reimbursement of the value of the asset (if insured); in this case, the request for withdrawal will be cancelled;
Without prejudice to any repair costs for ascertained damage to the original packaging, The Grayling Fisherman will refund the customer the entire amount already paid, pursuant to art. 56 C.d.C. The repayment times are 14 days from receipt of the notice of withdrawal, the refund could be withheld beyond 14 days only until the Consumer proves that he has returned the goods or until they have been received.
The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where The Grayling Fisherman ascertains: the use of the goods; the lack of the external packaging and/or the original internal packaging; the absence of integral elements of the product; damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, the goods will remain at The Grayling Fisherman's headquarters, available to the Customer for collection at his expense.
Example of withdrawal form: If you wish to withdraw from the contract, please complete the following form and return it to us by email: thegraylingfisherman@gmail.com.
I hereby wish to withdraw from the contract concluded with me for the purchase of the following goods(s): _____________________________________________
Indicate the goods ordered (the goods ordered), object of the exercise of the right of withdrawal.
Total price of the goods(s): _______________ Order dated: _______________ Receipt date: _______________ Your address:_______________________________ (Name and Surname)_____________________________________________
(Street) _____________________________________________ (ZIP Code Place) Date: __________________ ________________________
4. Compliance and Warranty
The responsibility for transport is borne by The Grayling Fisherman, who will take action against the courier in the event of damage to the product which occurs during transport.
The Customer must check the conditions of the Products that are delivered to him, assuming the risk of non-delivery or damage to the products ordered, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and other than carrier, physically comes into possession of such products.
At the time of delivery, the Customer must check that the packaging is intact, not damaged, not punctured or open. Any damage must be immediately reported to the courier who carries out the delivery (accepting the goods with a reserve of checks to be written on the courier's DDT or on the PDA: Ex: "box with holes, open box, dented box"
In the event that the product is damaged during transport, the Customer must notify it by email thegraylingfisherman@gmail.com within 24 hours with photographic documentation.
Pursuant to art. 130 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or termination of the contract. The Consumer can ask, at his choice, the Seller to repair the goods or to replace them, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
In the event that the package shows obvious signs of tampering or alteration, the Customer is also advised to promptly notify Customer Service at the email address: thegraylingfisherman@gmail.com.
The guarantee of legal conformity of the goods, provided for by articles 128 ff. of the Consumer Code, is equal to 24 months: specifically, the Seller is liable, pursuant to article 130, when the lack of conformity occurs within two years of delivery of the goods. It is understood that the Consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect (Article 132 of the Consumer Code).
The Consumer's request aimed at asserting the guarantee of conformity of the products must be communicated to the Seller by contacting the Customer Service via email: thegraylingfisherman@gmail.com.
All the photos on our site are to be considered indicative, slight variations in color or tone are possible as they are images from the catalogue.
5. Complaints
If you have a complaint against The Grayling Fisherman following the purchase of a product and it has not been possible for you to resolve it by contacting our Customer Service, please remember that you have the possibility to submit it through the ODR platform (Online Dispute Resolution Platform). ), managed by the European Commission. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
We are not responsible for delivery delays caused by our courier.
6. Payments
Payment via PayPal: The method of payment via PayPal involves the use of a PayPal account. Further information on this payment method is available on the PayPal website.
Payment by Credit Card
Payment by bank transfer: Once the order has been placed, the data for making the payment will be displayed.
7.Privacy
The personal data requested when placing the order are collected and processed in order to satisfy the express requests of the customer and will not be transferred to third parties under any circumstances or for any reason. The Grayling Fisherman guarantees its customers compliance with the legislation on the processing of personal data, governed by the European regulation 679/2016 GDPR.
The data controller is Alberto Edoardo Gargantini with registered office in Muehlbacherstrasse 13 – 9232 Rosegg – Austria. VAT No. ATU75245218. Telephone: Tel. +43 (0)664-1736341, mail: thegraylingfisherman@gmail.com.