Terms & Conditions

Terms and Conditions of Use

General Conditions of Sale

Effective from April 1th, 2025.

The following General Conditions of Sale govern the offering and sale of products on this website, hereinafter also referred to as the "Site”.

Products and/or services available on the Site are offered and sold by the commercial Partners affiliated with GIBOT as well as by GIBOT itself.

For inquiries, communications, or complaints regarding sales, purchase orders, products, payments, or shipping, please contact GIBOT’s Customer Service ("Customer Service") through the methods outlined in Article 14.

1. Scope of Application

1.1 The sale of products through the Site ("Products") constitutes a so-called “remote contract” governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of September 6, 2005 ("Consumer Code") and Legislative Decree No. 70 of April 9, 2003, which regulates electronic commerce.

1.2 These General Conditions of Sale apply to all sales made by GIBOT on the Site. For consumers residing in the United States and Canada, these General Terms and Conditions are additionally governed by applicable federal and state/provincial consumer protection laws.

1.3 The General Conditions of Sale may be amended at any time. Any changes and/or new conditions shall take effect upon their publication in the "Conditions of Sale" section of the Site. For this reason, users are encouraged to regularly access the Site and consult the most updated version of the General Conditions of Sale before making any purchases. The General Conditions of Sale applicable are those in effect on the date the purchase order is submitted.

Users are required to carefully read these General Conditions of Sale, which GIBOT makes available in the "Conditions of Sale" section of the Site and which can be saved and reproduced. Users are also encouraged to review all other information provided by GIBOT on the Site either before or during the purchase process.

1.4 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by entities other than GIBOT, which may be present on the Site through links, banners, or other hypertext connections. Before conducting commercial transactions with such entities, users must verify their conditions of sale. GIBOT is not responsible for the provision of services and/or the sale of products by such entities. GIBOT does not monitor or control the content accessible through such links. Consequently, GIBOT assumes no responsibility for the content of such websites, nor for any errors, omissions, or violations of law committed by these third parties.

2. Purchases on the Site

2.1 Access to purchases made through the Site is strictly limited to users who are at least 18 years old and have registered by creating a GIBOT account on the Site.

2.2 Offers available on the Site are accessible to both users who qualify as consumers, as defined by Article 3, paragraph 1, letter a) of the Italian Consumer Code —namely, natural persons who, with respect to the purchase of Products, act for purposes unrelated to their commercial, artisanal, entrepreneurial, or professional activity— and to users who do not fall within the definition of consumers under that provision.

2.3 Resellers, wholesalers, or any parties intending to purchase Products for resale are strictly prohibited from making purchases on the Site. Such parties are expressly banned from registering on the Site and from making purchases.

2.4 GIBOT reserves the right to refuse or cancel orders originating from: (i) a user involved in ongoing legal disputes with GIBOT; (ii) a user who has previously breached these General Conditions of Sale and/or the conditions and/or terms of a purchase agreement with GIBOT; (iii) user involved in any form of fraud, particularly related to credit card transactions; (iv) users who have provided false, incomplete, or otherwise incorrect identifying information or have failed to promptly submit requested documentation to GIBOT as part of the process set forth in Article 9.3 below, or have submitted invalid documents; (v) users who fail to provide adequate assurances of solvency.

3. Registration on the Site

3.1 Registration on the Site is completely free but strictly limited to users who are at least 18 years old. To register, user must complete the registration form with their first name, last name, and an email address. Registration is confirmed via email, and user must complete the registration process by clicking the link provided in the email and entering the specified password.

3.2 Registration credentials are for user’s personal use only and must not be shared with third parties. Users must keep these credentials confidential and ensure no unauthorized access. Additionally, user should promptly inform GIBOT, using the contact details provided in Article 14, if they suspect any unauthorized use or disclosure of their credentials. Users guarantee that the personal information submitted during registration is complete and accurate. Each user is permitted to register on the Site only once. Multiple registrations by the same user are prohibited. Should GIBOT identify multiple registrations by the same user, it reserves the right to immediately suspend the associated account without prior notification. Users agree to indemnify and hold GIBOT harmless from any damages, liabilities, and/or penalties resulting from or related to violations of the registration rules or mismanagement of registration credentials.

4. Information regarding the conclusion of the Contract – Personal information.

4.1 In compliance with Italian electronic commerce regulation (Legislative Decree No. 70 of April 9, 2003), GIBOT informs users that the order form will be stored in GIBOT’s database for the duration necessary to process the order and within legal timeframes.

4.2 Users may purchase all products offered for sale on the Site, as described on the relevant product information pages, following the purchasing procedures offered, subject to availability.

4.3 To purchase products, users must complete and submit the electronic order form to GIBOT, adhering to the instructions provided on the Site's corresponding page. The order form summarizes key commercial terms such as prices, payment methods, delivery terms, and outlines the essential characteristics of the products ordered while referencing the Terms and Conditions. Users should add desired products to the "Cart" and, after reviewing the Terms and Conditions, focusing on delivery costs, withdrawal procedures, and the Privacy Policy, select a payment method and choose the "Submit Order" option.

4.4 Before submitting the purchase order:

• a) Users can rectify data entry errors following the editing procedure offered on the Site. They can adjust the quantity and type of products they wish to purchase by adding or removing items from the “Cart”;
• b) Through the order submission process, GIBOT will prompt users to read the Terms and Conditions, print a copy, and save or reproduce a copy for personal use.

4.5 By submitting the order form, users acknowledge and declare they have reviewed all information provided during the purchasing process and fully and unconditionally accept the Terms and Conditions, as well as reviewed the Privacy Policy. The applicable Terms and Conditions are those valid at the order time and available on this Site page.

4.6 The contract between GIBOT and the user is concluded upon GIBOT’s acceptance of the order. Acceptance will be communicated to the user by GIBOT via email sent to the address provided during ordering.

4.7 GIBOT reserves the right to assess received orders and may refuse or decline incomplete or incorrect orders, given product unavailability, or orders requesting delivery to specific geographical areas.

4.8 GIBOT will inform users of their inability to accept received orders within 48 hours of the next business day following order submission, refunding any payments made by users.

4.9 The automated order summary email does not signify acceptance. The acceptance email, sent to the email address provided by the user subsequently, will include a product summary, prices, taxes, shipping, delivery costs, delivery address, order number, and applicable Terms and Conditions.

4.10 Users agree to verify the Order Confirmation's accuracy and promptly notify GIBOT of any corrections.

4.11 Users are not entitled to compensation, indemnity, or any liability, contractual or non-contractual, for direct or indirect damages to persons and/or property due to the partial or non-acceptance of an order by GIBOT.

4.12 Contracts may be concluded in English and Italian. Customer Service supports these languages for user interactions.

4.13 For consumers residing in the United States and Canada, GIBOT complies with applicable federal and state/provincial privacy applicable laws. On this regard, we collect, use, and share personal data only as described in our Privacy Policy, available on our website. Depending on the Federal/state/province applicable law, consumers residing in the United States and Canada have the right (among others) to: Request access to or deletion of their personal data; Correct inaccurate personal information; Opt-out of data sales and sharing of their personal information; Non-discrimination for exercising these rights. Consumers should refer to their local privacy protection laws for more information.

4.14 GIBOT does not knowingly collect personal information from minors under the age of 18. If we become aware that we have collected such information, we will take steps to delete it.

4.15 GIBOT does not respond to Do-Not-Track (DNT) signals. For details on data practices, refer to our Privacy Policy.

5. Pricing

5.1 All Product prices are expressed in Euros (€) and include applicable Value Added Tax (“VAT”), as well as the WEEE contribution when applicable. Shipping costs and any additional expenses, including VAT and also expressed in Euros (€), will be clearly indicated in the order form before submission and in the order confirmation email. For USA users, prices are displayed in US Dollars (USD) and include all applicable taxes unless otherwise specified during checkout. For Canadian users, prices are displayed in Canadian Dollars (CAD) and include all applicable taxes unless otherwise specified during checkout.

5.2 GIBOT reserves the right to adjust Product prices at any time without prior notice. However, the price charged to users will be the price displayed on the product information page (“Product Sheet”) at order submission time. Any price changes occurring after the order submission, whether increases or decreases, will not affect the order.

6. Purchase Orders – Product Information

6.1 GIBOT will process the purchase order and initiate shipment only upon confirmation of authorization to charge the Total Amount Due, which includes the purchase price, any applicable delivery charges, and additional costs as specified in the order form. If this Total Amount Due is not paid, or if payment authorization is not confirmed, the purchase contract will be considered automatically terminated under Article 1456 of the Italian Civil Code. Users will be promptly notified of the order's cancellation through the Site.

6.2 Products remain the property of GIBOT and GIBOT’s partners until the Total Amount Due is received in full. The risk of loss or damage, not attributable to GIBOT, transfers to the user once they, or a designated third party other than the carrier, physically receive the Products.

6.3 Products available on the Site include items such as clothing, footwear, accessories (e.g., jewelry, watches, eyewear, small leather goods, etc.), available when the user places their order.

6.4 Each Product is accompanied by a Product Sheet. Images and descriptions on the Site aim to accurately represent Products, though variations in color may occur due to user display settings. Images may also differ slightly in size or with accessory items. They serve as indicative references within practical tolerances. For purchase agreement purposes, the Product description in the user-submitted order form will prevail.

7. Product Availability

7.1 Products offered on the Site are available in limited quantities. Due to the potential for multiple users to purchase the same Product simultaneously, some Products may become unavailable after an order is submitted. The GIBOT website's inventory accurately reflects item availability by size and color. The Site integrates with all stores and warehouses of GIBOT’s partners. As an authorized retailer for all brands featured, GIBOT guarantees the authenticity of every item. Upon order reception, GIBOT’s Order Department reserves the right to reconfirm item availability, validate credit card transactions, and review the user’s previous transactions on the website.

7.2 If the ordered Product is unavailable, and notwithstanding user rights under applicable laws, particularly Chapter XIV of Title II of Book IV of the Italian Civil Code, users will be promptly notified via email. Users are entitled to cancel the agreement immediately, without prejudice to their right to compensation for damages, under Article 61, paragraphs IV and V, of the Italian Consumer Code. Should the user exercise this termination right, or if the Total Amount Due has already been paid, GIBOT will issue a refund without undue delay, within fifteen (15) business days from order submission. The refund will be communicated via email and credited using the original payment method. Any refund delays could be due to bank processing times, credit card type, or payment solution used. In any event, the value date matches the original debit date. Moreover, GIBOT will issue a 10% discount coupon for the user's next purchase on the Site in cases of product unavailability.

7.3 For orders involving multiple Products (“Multiple Order”), if only some Products are unavailable (without prejudice to user rights under applicable laws and, in particular, Chapter XIV of Title II of Book IV of the Italian Civil Code and subject to Section 7.2), GIBOT will notify the user via email. Users can terminate the agreement related to these unavailable Products while retaining the right to compensation for damages. If this termination is pursued or if payment was already made, GIBOT will refund the related amount within fifteen (15) business days from order submission. Refund details will be emailed, with credits processed using the same initial payment method. Any processing delays may depend on banking institutions, card types, or payment solutions. The entire Multiple Order may only be canceled when the unavailable Products are evidently accessory to the remaining available Products in the order.

8. Delivery of Purchased Products

8.1 Delivery involves a fee unless specified otherwise during the purchase process or elsewhere on the Site. The applicable delivery costs for a specific order, shown in Euros (€) or other currencies, inclusive of VAT, are clearly indicated during the purchase process, in the order summary, and before order submission. These costs will also appear in the "Profile - My Orders" section of the Site and in the order confirmation email. Additional charges may apply for delivery to certain areas, which will be disclosed during the purchase process and in the order summary. Delivery times are specified during the purchase process, in the order summary, before the order is submitted, in the order confirmation email, and in the "Profile - My Orders" section. Delivery terms and costs depend on the geographical area and chosen delivery method. If a delivery term is not specified, delivery will occur within thirty (30) days from the contract's conclusion date.

8.2 The delivery obligation is considered fulfilled when the Products are handed over to the user or a user’s designated third party, and control of the items is transferred. Users must inspect the condition of the delivered Products immediately upon receipt. While risk of loss or damage, not attributable to GIBOT, transfers to the user when the user or a third party designated by the user, other than the carrier, upon claiming possession of the Products, users should verify the condition (if intact, undamaged, not wet, or otherwise altered, including its sealing materials) and quantity of Products received and notify any issues on the carrier’s document by accepting the package with reservations. Accepting Products without reservations limits legal action against the carrier for damages, unless the carrier is fraudulent or grossly negligent, or some defects are not visible upon delivery provided they are reported promptly within eight (8) days. If the packaging appears altered, users should inform Customer Service immediately. The provisions concerning withdrawal rights and conformity guarantees remain applicable.

8.3 Products purchased on the Site will be delivered to the user-specified address. Home Delivery occurs via courier, generally Monday to Friday during business hours (9:00 AM - 6:00 PM), excluding national holidays. GIBOT reserves the right to use alternative couriers, provided the user's chosen delivery method and timing are respected. Within Italy, San Marino, and Vatican City, DHL handles shipments, while UPS or DHL handle international deliveries. Customs duties and import taxes are borne by the user as they vary by destination.

8.4 Upon dispatch to the courier, users receive a shipment confirmation email with a tracking number to monitor shipment status, including delivery procedure instructions and pickup deadlines in case of missed delivery due to recipient absence, and the effects of failing to retrieve the shipment within the specified period.

8.5 The user acknowledges that the collection of the Product is a specific obligation arising from the purchase contract. In the event that the recipient is absent and the courier is unable to complete the delivery, the package will be placed in "storage." The Customer Service will contact the user to release the package from storage and arrange for its delivery as soon as possible. If necessary, Customer Service may agree with the user to modify the delivery address. If the subsequent delivery attempt after Customer Service contact fails, or if the user does not respond to the Customer Service contact attempt, the package will be returned to GIBOT, and the user will be notified of this circumstance via email. The user acknowledges that if thirty (30) days have elapsed since the package was returned to GIBOT, the contract may be considered terminated, and the purchase order canceled pursuant to Article 1456 of the Italian Civil Code. Upon termination of the contract, GIBOT will proceed with the refund of the total amount due, if already paid by the user, deducting the costs of the unsuccessful Product delivery, the return shipping costs to GIBOT, and any other additional expenses incurred by GIBOT due to the non-delivery caused by the recipient’s absence. The termination of the contract and the refund amount will be communicated to the user via email. The refund amount will be credited to the payment method or solution used by the user for the purchase. Any delays in the crediting process may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date will be the same as the original charge. If, before the expiration of the aforementioned thirty (30) day period, the user requests to receive the purchased Product again, GIBOT will proceed with a new delivery, subject to the payment of the related shipping costs, the return costs of the Product to GIBOT, and storage fees.

8.6 If Product delivery fails or delays relative to expected terms communicated during purchase processes and confirmations, users, under Article 61 of the Italian Consumer Code, may request an extension of the delivery period ("Additional Period" under Article 61, paragraph 3, of the Italian Consumer Code) by notifying GIBOT in writing. Extensions lapse if Products remain undelivered, allowing users to cancel contracts and claim damages. Users bypass extension grants if: GIBOT refuses delivery; initial delivery timing is essential considering all contract circumstances, or pre-contract user delivery deadlines necessitate promptness. In these exceptions ("Excluded Cases"), immediate contract cancellations and compensation claims arise without delay. User must inform GIBOT of intentions, leading to refunds without undue delay.

8.7 Refunds, as owed under Article 8.6 cases, are notified via email and credited following purchase payment methods. Potential delays might stem from bank processes or credit solution specifics, aligning value dates with initial debit timing.

Estimated delivery times from the shipment date:

• Italy: 1-2 days
• Europe: 1-3 days for main destinations / 2-4 days for remote destinations
• USA and Canada: 4-8 days depending on the destination
• Latin America: 4-8 days
• Asia and Middle East: 2-4 days
• Australia and Oceania: 2-4 days for main destinations / 4-5 days for remote destinations
• Africa: 2-4 days
  GIBOT disclaims responsibility for customs delays, inspections, or force majeure events.

8.8 USA and Canada Shipping Policy: GIBOT will ship products within the timeframe specified during checkout. If delays occur, GIBOT will notify the consumer via email and provide an updated delivery estimate. If the product is not shipped within thirty (30) days of the order date, the consumer may ask for an “Additional Period” (Article 8.6 above) or cancel the order and receive a full refund.

9. Payment Methods, Promotional Codes, Gift Boxes

9.1 Products can be purchased using credit cards, PayPal, or bank transfers. If a payment method is not available for a specific Product, it will be noted on the Site before purchase. Users input credit card details into a secure electronic banking system provided by “BANCA SELLA” during checkout. Supported cards include Visa, Mastercard, American Express, and JCB.

9.2 An automatic commercial invoice is generated for each purchase. Users must provide their invoicing details, including a tax identification number, for their first purchase. These details can be updated later as needed. The invoice relies on user-provided information, requiring accuracy; users indemnify GIBOT from damages or penalties due to inaccuracies.

9.3 To ensure transaction security and prevent fraud, GIBOT may request users to submit copies (front and back) of their ID via email, especially if the order and cardholder names differ. Requested documents must be valid. The email specifies a submission deadline, up to five (5) business days. Orders remain suspended until documents are received.

9.4 Should GIBOT not receive documents by the specified deadline or receive invalid documentation, the contract cancels automatically by law pursuant to Article 1456 of the Italian Civil Code, and the order canceled, without prejudice to GIBOT’s right to seek compensation for any damages incurred due to the user’s non-compliance. Users are notified of this termination via email within five (5) business days following the missed deadline and a refund processed as specified in Article 7.2.

9.5 Valid documentation (Article 9.3 above) received by the deadline triggers order processing, with delivery times calculated from receipt date.

9.6 For PayPal payments, users may pay directly through their PayPal accounts. Shipments go to the verified PayPal account address. New users should expect possible bank or PayPal transaction verifications, potentially delaying shipment.

9.7 Promotional codes received via email are personal and non-transferable. Each code has an expiration date stated in the email, which cannot be extended. Some codes apply exclusively to specific brands or items, as noted in the promotional email. Codes can be used with vouchers and credit from open accounts.

9.8 Promotional codes cannot be combined, transferred, or sold. GIBOT reserves the right to refuse orders suspected of using duplicated or fraudulent codes.

9.9 Gift Boxes
During order completion process, users may opt to send purchases as gifts to different addresses within the same country. Products will ship in gift packaging with a customizable greeting card, showing the provided sender's address on the shipment package. For EU and extra EU shipments, invoices and prices will be emailed to the sender, excluding them from the physical package.

10. Right of Withdrawal (Cooling-Off period)

10.1 Users qualifying as consumers have the right to withdraw from the contract concluded with GIBOT without specifying any reason, within fourteen (14) calendar days (the "Cooling-off Period"). The order must be returned as indicated by GIBOT within fourteen (14) business days. Returns received after this period will not be accepted.

The Withdrawal Period expires after fourteen (14) days:

• a) For a single Product order, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
• b) For a Multiple Order with separate deliveries, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
• c) For an order concerning the delivery of a Product consisting of multiple lots or pieces, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

For USA and Canadian consumers: The withdrawal period expires after thirty (30) days. Canadian consumers may have additional rights under provincial laws, and they should refer to their local consumer protection laws for more information.

10.2 Exercising the Right of Withdrawal

To exercise the right of withdrawal for an Order, the user must inform GIBOT of their decision to withdraw before the Withdrawal Period expires. The user must communicate their intention via email to customercare@gibot.it, providing the order number. Once the process is completed, GIBOT will send a confirmation email containing the return shipping label and instructions for returning the merchandise. Upon the user’s request, a pickup can be scheduled through DHL’s Call Center at the unique number 199 199 345 (for USA users: 1 (800) 225-5345; for Canadian users: 1-855-345-7447).

10.3 The user has exercised their right of withdrawal within the Withdrawal Period if the product is returned to GIBOT as indicated within fourteen (14) business days.

10.4 After exercising the right of withdrawal following Articles 10.2 and 10.3 above, the user must return the Product to GIBOT using the carrier indicated in the email from GIBOT. The Order Number related to the Return must be written on the shipping label, which must be filled out as specified in the authorization email received from GIBOT’s Returns Department. (The label will be sent via email or may already be included in the package containing the order). Return shipping costs and any applicable customs duties (if applicable) will always be borne by the user unless otherwise explicitly specified during promotional periods offering free returns. The return of the Product to GIBOT is under the user’s responsibility.

10.5 If the user withdraws from the contract, GIBOT will refund the amount paid by the user for the Product, deducting the shipping costs incurred for the Product’s return, except in cases of free returns during promotional periods. The refund will be processed without undue delay and, in any event, no later than fourteen (14) calendar days from the day the Product arrives at GIBOT’s warehouses and the items have been verified. The refund will be made using the same payment method employed by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not incur any fees as a result of such a refund.

The security seal on the returned items must not be cut or broken. The garments must not have been worn, washed or altered and must show no signs of use. Each item must be returned with all original labels, packaging, and accessories (e.g., dust bags, hangers, garment covers) received with the order. All socks and accessories must be returned in their original box, which is considered an integral part of the product itself and must not be damaged, altered, or used as the sole external packaging. Returns must be shipped inside the GIBOT box.

10.6 GIBOT reserves the right to request photographic evidence before authorizing returns for defective merchandise and to cover the shipping costs for the return of such merchandise to its premises.

10.7 The user is solely responsible for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish its nature, characteristics, and functionality. The Product must, in any case, be stored, handled, and inspected with ordinary diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instructional leaflets, with all identification tags, labels, and single-use seals, where present, still attached to the Product and intact and unaltered. The Product must also be perfectly suitable for its intended use and free from signs of wear or dirt. Withdrawal applies to the entire Product. It cannot, therefore, be exercised for parts and/or accessories (that do not constitute independent Products) of the Product.

10.8 If the withdrawal has not been exercised in compliance with applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. GIBOT will notify the user within five (5) business days of receiving the Product, rejecting the withdrawal request. The Product, if already received by GIBOT, will remain at GIBOT’s premises at the user’s disposal for pickup, which must occur at the user’s expense and responsibility.

10.9 If the Product for which withdrawal has been exercised has suffered a decrease in value resulting from handling other than what is necessary to establish its nature, characteristics, and functionality, the refund amount will be reduced by an amount corresponding to such decrease in value. GIBOT will notify the user of this and the reduced refund amount within five (5) business days of receiving the Product. If the refund has already been issued, GIBOT will provide the user with the bank details for the payment of the amount due by the user because of the decrease in value of the Product.

10.10 In cases where, under the law, the right of withdrawal does not apply, such exclusion will be expressly and specifically communicated in the Product Sheet and, in any case, during the purchase process, before the user submits the order. The user is reminded that, under Article 59 of the Italian Consumer Code, the right of withdrawal is excluded, among other cases, when the sale concerns:
(i) products made to measure or clearly personalized;
(ii) products that are liable to deteriorate or expire rapidly.

11. Legal Warranty of Conformity

All Products sold on the Site are under the Legal Warranty of Conformity provided for in Articles 128-135 of the Italian Consumer Code ("Legal Warranty").

Who it applies to
The Legal Warranty is exclusively available to consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activities. Users who do not qualify as consumers are entitled to warranties covering defects in the purchased item, non-compliance with essential and promised qualities, and other guarantees provided under the Italian Civil Code, subject to applicable terms, limitations, and expiration periods.

When it applies
The seller (and, therefore, GIBOT, with respect to purchases made on the Site) is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller within two months of its discovery, failing which the consumer may forfeit their right to claim under the warranty.

Unless proven otherwise, any conformity defects that become apparent within six months of the Product's delivery are presumed to have existed at the time of delivery, unless such a presumption is inconsistent with the nature of the Product or the defect itself. Beginning in the seventh month after delivery, the burden of proof shifts to the consumer to demonstrate that the lack of conformity existed at the time of delivery.

To invoke the Legal Warranty, the user must provide proof of purchase and the delivery date of the goods. Therefore, it is recommended that the user retain the purchase invoice issued by GIBOT or any other document verifying the purchase date (e.g., a credit card statement) and the delivery date.

What Constitutes a Lack of Conformity

A lack of conformity occurs when the purchased item:

• Is not suitable for its ordinary use as expected for goods of the same type;
• Does not conform to the description provided by the seller and lacks the qualities of the good presented to the consumer as a sample or model;
• Fails to meet the qualities and performance standards that the consumer can reasonably expect from goods of the same type, taking into account statements made in advertising or labeling;
• Is not suitable for the specific purpose intended by the consumer and made known to the seller at the time of the contract’s conclusion, provided that the seller accepted such purpose.

The Legal Warranty does not cover malfunctions, defects, or other issues arising from accidental events, user responsibility, or improper use of the Product that is inconsistent with its intended purpose and/or the instructions in the documentation accompanying the Product, if any, or the usage guidelines provided.

Remedies Available to the User

In the event of a duly reported lack of conformity within the applicable terms, the user shall be entitled to:

• Primary Remedies: The user may, at their discretion, request either the free repair or replacement of the defective good, unless the chosen remedy is objectively impossible or disproportionately burdensome in comparison to the alternative. In the context of this type of sale, replacement shall be the preferred remedy where feasible, subject to the availability of similar items for sale.
• Secondary Remedies: If repair or replacement is impossible, excessively burdensome, not completed within a reasonable timeframe, or has caused significant inconvenience to the consumer, the user may, at their option, choose between a price reduction or contract termination.

A remedy shall be deemed excessively burdensome if it imposes unreasonable costs on the seller compared to alternative remedies, taking into account the following factors:

1. The value the item would have had in the absence of the lack of conformity;
2. The severity of the lack of conformity; and
3. The feasibility of pursuing an alternative remedy without causing significant inconvenience to the consumer.

What to Do in Case of a Lack of Conformity

If a Product purchased on the Site exhibits what may be a lack of conformity during the validity of the Legal Warranty, the user must contact Customer Service using the contact information and methods set forth in Article 16. GIBOT will promptly respond to the notification and provide the user with the specific procedure to follow, including instructions for shipping the goods, considering the product category and/or the reported defect.

Refund or Price Reduction Under the Legal Warranty

In the case of contract termination, GIBOT shall refund the user the total amount paid, including the purchase price of the Product, shipping costs, and any other additional costs. In the case of a price reduction, GIBOT shall refund the agreed-upon reduced amount. Alternatively, the user may opt to receive a voucher of equivalent value to the refund or reduction, redeemable on the Site.

The refund or reduction amount will be notified to the user via email and credited using the payment method or solution employed by the user for the purchase. If the user opts for the voucher instead of the refund or reduction, the voucher will be credited to the user’s account and can be viewed in the "Profile" section of the Site.

GIBOT is not responsible for damages of any kind resulting from improper or non-compliant use of the Product, nor for damages caused by unforeseen events or force majeure.

USA and Canada Warranty Rights

For consumers residing in the United States and Canada, GIBOT provides warranties in compliance with the applicable law. If a product is defective or does not meet the warranty terms, consumers are entitled to remedies for defective products including repair, replacement or a refund.

12. Manufacturer’s Conventional Warranty

Products sold on the Site may, depending on their nature, be covered by a conventional warranty provided directly by the manufacturer ("Conventional Warranty"). The user may invoke this warranty solely against the manufacturer. The duration, scope (including geographic), conditions, usage terms, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer and are specified in the warranty certificate included with the Product packaging.

The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty. Any conventional warranty provided by the manufacturer will be clearly described in the product documentation.

13. Contests and Prize Promotions

GIBOT may organize contests and prize promotions reserved for Site users. The regulations for each contest and/or prize promotion will be available in the dedicated section of the Site.

If prizes consist of discount vouchers or equivalent forms, they cannot, under any circumstances, be converted into cash.

14. Customer Service and Complaints

14.1 Users may request information, send communications, request assistance, or submit complaints by contacting Customer Service through the following methods:

• Completing and submitting the form available in the "Customer Service - Contact Us" section of the Site;
• Sending an email to customercare@gibot.it;
• Calling the phone number 0039-0686207360. (Supported languages: Italian and English).

14.2 GIBOT will respond to complaints within five (5) business days of receipt.

15. Completeness of the Agreement, Governing Law, Jurisdiction, and Alternative Dispute Resolution

15.1 These General Terms and Conditions of Sale, together with the information provided pursuant to Article 49 of the Italian Consumer Code before the user is bound by the contract, constitute the entirety of the agreements between GIBOT and users of the Site concerning contracts concluded through the Site.

15.2 Contracts concluded between users of the Site and GIBOT shall be governed by and construed in accordance with the Italian law. This does not affect the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, particularly regarding the withdrawal period, the period for returning Products in case of exercising the right of withdrawal, the methods and formalities of communicating the same, and the legal guarantee of conformity. For consumers residing in the United States and Canada, this agreement is governed by applicable federal and state/provincial consumer protection laws in which the consumer resides, without regard to conflict of law principles.

15.3 It is recalled that, in the case of a consumer user, any dispute concerning the application, execution, and interpretation of these General Terms and Conditions of Sale falls under the jurisdiction of the court where the user resides or has elected domicile.

15.4 Pursuant to Article 141-sexies, paragraph 3, of Legislative Decree No. 206 of September 6, 2005 (Italian Consumer Code), GIBOT informs users who qualify as consumers under Article 3, paragraph 1, letter a) of the Italian Consumer Code, that if they have submitted a complaint directly to GIBOT and it has not been possible to resolve the dispute arising from it, GIBOT will provide information regarding the Alternative Dispute Resolution (ADR) bodies for the extrajudicial resolution of disputes related to obligations arising from a contract concluded under these General Terms and Conditions of Sale. GIBOT will also specify whether it intends to use such bodies to resolve the dispute.

15.5 GIBOT further informs users qualifying as consumers under Article 3, paragraph 1, letter a) of the Italian Consumer Code that a European platform for online dispute resolution (ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/. Through the ODR platform, consumer users can consult a list of ADR bodies, find links to the website of each body, and initiate an online resolution procedure for their dispute.

15.6 In any case, the consumer user’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of the extrajudicial resolution procedure, is preserved.

15.7 Users residing in an EU member state other than Italy may also access the European Small Claims Procedure established by Regulation (EC) No. 861/2007 of the Council of July 11, 2007, for any dispute concerning the application, execution, and interpretation of these General Terms and Conditions of Sale, provided the value of the dispute does not exceed € 2,000.00, excluding interest, rights, and expenses. The text of the regulation can be found at www.eur-lex.europa.eu.

15.8 Any disputes arising from this agreement for consumers residing in the United States or Canada shall be subject to the exclusive jurisdiction of the courts in the state or province where the consumer resides. Prior to initiating any legal proceedings, both parties agree to make a good faith effort to resolve the dispute amicably through mediation.

16. Force Majeure

16.1 GIBOT shall not be liable for any service disruptions, failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, government actions, pandemics, accidents, strikes and/or lockouts, earthquakes, floods, or other unforeseeable events that wholly or partially prevent the execution of the contract within the agreed time frame.

16.2 GIBOT is not liable to users for damages, losses, or costs incurred due to non-performance or delayed performance of the contract, with the user being entitled only to a refund of the amount paid.

16.3 GIBOT is not responsible for damages arising from disconnections, interruptions of the Site, or the resulting data loss, attributable to GIBOT.

16.4 In case of force majeure, the execution of the Order will be suspended. Such suspension may last for a maximum of three (3) months, after which the Order will be automatically canceled.

17. Amendments to These General Terms and Conditions – Personal information

17.1 GIBOT reserves the right to amend the content of these General Terms and Conditions at any time without prior notice. The relationship will be governed by the text of the General Terms and Conditions published on the Site at the time the User’s Purchase Order is submitted.

17.2 GIBOT therefore invites Users to carefully review the text of these General Terms and Conditions before submitting a Purchase Order to ensure they verify the updated text at the time of the Order. Updates will be indicated in the header of the text with the date of the latest revision.

18. Intellectual and Industrial Property

All content on the Site is protected and safeguarded under the current laws on Copyright and industrial and intellectual property. Examples of Site content include, but are not limited to, the domain name “gibot.it,” related subdomains, trademarks, all texts, any graphical or textual representations, photographs, and videos of GIBOT and the commercial Partners affiliated with GIBOT. All intellectual and industrial property rights associated with these are the exclusive property of the respective owner, are reserved to it, and will not, under any circumstances, be transferred or licensed to the User. Therefore, the User is prohibited from reproducing, duplicating, copying, redistributing, retransmitting on other websites, transferring, or otherwise making available to third parties any Site content, except for the purposes of storage and/or consultation, without prior express and formal approval from the respective owner.

19. Non-Exercise of a Right

The non-exercise of any right by GIBOT shall not constitute a waiver of such right, nor shall it prevent GIBOT from taking action against the User or any third party for the breach of obligations or commitments undertaken.

GIBOT reserves the right to enforce its rights at any time, subject to applicable statutory limitations.