Terms and Conditions

Terms and Conditions of Sale

The goods and products covered by these general conditions are sold through the website www.gustotoys.com by New World Technology SAGL, Chiasso (CH), email [email protected].

(hereinafter also referred to as the Seller)

  1. Definitions

1.1 In these General Conditions of Sale, the following terms have the meanings specified below: a) "online sales contract" refers to the remote contract between a Seller and a final consumer Buyer, through a sales system organized by the Seller, using the internet technology. b) "Seller" refers to New World Technology SAGL, part of this contract, managing the Site and selling the products directly to users (Buyers) indicated in the following point. c) "Products" refers exclusively to the movable goods and/or services listed in the electronic catalogs on the Site. d) "Buyer" refers to the final consumer-client authorized to operate on the Site to purchase products, according to the methods indicated in these general conditions. e) "Consumer" refers to the individual purchasing goods and services for purposes unrelated to their professional activity. f) "Parties" refers to the Seller and the Buyer jointly. g) "Site" refers to the website at gustotoys.com. h) "Selling Price" refers to the sale price of each product.

  1. Object of the Contract

2.1 These general conditions, made available to the Buyer for reproduction and storage, cover the purchase of products made remotely via the internet, through the website www.gustotoys.com managed by New World Technology SAGL. 2.2 With this contract, the Seller sells and the Buyer purchases the movable goods and/or services listed below. 2.3 The goods and/or services covered by this contract are all the products selected by the Buyer and added to the virtual cart, following the online purchase procedures indicated on the site. 2.4 The products and/or services referred to in the previous point are illustrated on the web pages of the "shop". 2.5 The Seller commits to providing all the products subsequently indicated upon payment of a fee as specified in article 4 of this contract.

  1. Acceptance of Sales Conditions

3.1 These general conditions are valid from the date of the conclusion of this contract and can be updated, supplemented, or modified at any time by the Seller, who will notify through the pages of the website www.gustotoys.com. Such updates/modifications and/or supplements will be effective for future purchases. 3.2 All purchase orders will be forwarded by the Buyer to the Seller after registration on the site and/or through the completion of the purchase procedure indicated. 3.3 These general conditions of sale must be examined "online" by the Buyer before completing the purchase procedure. Sending the purchase order confirmation implies complete knowledge and full acceptance of them. 3.4 The Buyer, by confirming the Order by clicking on "Complete the purchase", declares to have consciously accepted the content and conditions of the Order in question, including these General Conditions of Sale, prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment conditions illustrated below, declaring to have read and accepted all the indications provided in accordance with the regulations above mentioned, also noting that the Seller is not bound to different conditions unless previously agreed in writing. 3.5 Regarding the contractual conditions applied to commercial users, reference should be made to the new provisions of Reg. EU 2019/1150. 3.6 Acceptance of the sales conditions must be manifested through the exact completion of all sections of the electronic registration form and then the purchase.

  1. Purchase Methods and Sales Prices

4.1 The products, prices, and sales conditions present on the Site - within their availability limits - do not constitute a public offer to the consumer; therefore, they should always be considered indicative and subject to express confirmation via email by the Seller, which constitutes acceptance of the purchase order. 4.2 The prices of the products offered for sale on the Site are indicated in Euros and are the prices in effect at the time the Order is sent by the Buyer. The Seller may change the sale prices of products at any time without notice. Such change will, in any case, be communicated to the Buyer before sending any Order. 4.3 The prices of the products include VAT but do not include shipping costs unless otherwise specified by the Seller. Shipping costs vary depending on the shipping method and destination selected by the Buyer when sending the Order and are displayed in the Order summary before the Buyer confirms the Order. See article 9 of these general sales conditions. 4.4 Receipt of the order does not bind the Seller until it has expressly accepted the order through the "Order Fulfillment Confirmation Email" (see point 6.1 below). It is specified that upon receipt of the order by the Buyer, the system will automatically send a summary email of the order received, which should not be considered a formal acceptance of the same. The Seller, with a subsequent email, after verifying the availability of the chosen product, will formally confirm and accept the received order. 4.5 The Buyer expressly grants the Seller the right to accept even only partially the order made (for example, in case of unavailability of all the products ordered). In such cases, the contract will be perfected concerning the merchandise concretely sold. 4.6 The Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity that may be carried out.

  1. Products and Offers

5.1 Under the conditions of this contract, before sending the Order, the Buyer can view on the Site the information relating to the price, including taxes and shipping costs, and the essential characteristics of the product(s) or services they wish to purchase. 5.2 In any case, and in the event that, after sending the Order, there is a total or partial unavailability of the product, the Buyer will be immediately informed by email of the unavailability of the product and the total or partial cancellation of the Order. 5.3 In the case of total or partial cancellation of the Order: the cancellation of the Buyer's Order will occur automatically, without any charge to the Buyer. The Customer Service will contact the Buyer to inform them of the cancellation and propose to place a new Order excluding the unavailable product. 5.4 The Seller also reserves the right to suspend or cancel the fulfillment of an Order and/or delivery, regardless of the nature and state of execution, in case of non-payment or partial payment of any amount due by the Buyer, in case of payment issues, in case of technical problems, in the event that, at the sole discretion of the Seller, a practice potentially harmful to the selective distribution contracts of the products may be configured, or in the case of fraud or attempted fraud relating to the use of the Seller's Internet Site, including reference to previous Orders. In case of refusal of the Order, the Seller will notify the Buyer within 30 working days from the submission of the Order of the inability to accept the Order. The sale will only be final upon the Seller's acceptance of the Order, through the sending of an order fulfillment confirmation email to the Buyer. 5.5 The Seller will have the right to collect the entire price of the Order: for payments made by credit card, from the moment of sending the Order Fulfillment Confirmation Email; for payments made by other payment methods, from the moment of sending the email informing the Buyer of the shipment of their Order. 5.6 The Seller recommends that the Buyer keep the emails received from the Seller on paper or electronic support. The Buyer is informed that the aforementioned emails will be sent to the email address entered by the Buyer at the time of purchase. The Seller will not be responsible in case of the entry of an invalid email address and/or failure to receive the Order Confirmation Email for reasons not directly attributable to the Seller. In such cases, the sale will be considered final.

  1. Conclusion of the Contract

6.1 The Contract concluded through the Site is considered concluded when the Buyer receives, via email, the formal order confirmation, with a communication ("Order Confirmation Email") subsequent to the automatic summary email of the order as per article 4.7, through which the Seller accepts the order sent by the Buyer and informs them that they can proceed with its fulfillment. The Contract is concluded at the location of the Seller's registered office. 6.2 Until the Buyer receives the Order Confirmation Email as per the previous point, they have the right to cancel the order by sending an email to the Seller's email address [email protected] or according to other possible methods indicated on the Site.

  1. Payment

7.1 The Buyer guarantees the Seller that they have the necessary authorizations to use the payment method chosen for their Order at the time of sending the Order. Payment Methods: Credit Cards

7.2 All Orders are payable in Euros, including taxes and mandatory contributions. Any bank fees will be borne exclusively by the Buyer (including in case of reimbursement). In case of non-payment or delayed payment (more than 2 days) of the Order by the Buyer, the Seller reserves the right to apply default interest equal to the legal interest rate starting from the tenth working day following the Order date or the notification of the bank payment rejection. 7.3 The ownership of the ordered products will remain with the Seller until the entire amount of the Order, including shipping costs, taxes, and other mandatory contributions (if any), is fully paid by the Buyer. All orders, before being processed, are subject to authenticity checks directly by the relevant credit card issuing institutions, to protect the customer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be resolved. The Customer will be informed through an automatic email communication. 7.4 Communications relating to the payment and data communicated by the Customer when making the payment take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits. 7.5 The execution of the order is subject to the actual payment of the goods. In case of non-payment of the consideration, the Seller will not process the order. 7.6 For each order, the Seller issues an invoice or receipt for the shipped material, sending it via email or mail to the order holder. For the issuance of the invoice, the information provided by the Customer during the purchase process will be considered authentic. After the issuance of the invoice, it will not be possible to make any changes to the data indicated in it.

  1. Delivery and Risk Transfer

8.1 Delivery times vary according to the location of the delivery and other logistical factors. Estimated delivery times are indicated on the Site. 8.2 Shipping costs are indicated on the Site at the time of Order. 8.3 The Seller undertakes to deliver the products to the Buyer within the estimated delivery times indicated on the Site. The risk of loss or damage to the products will be transferred to the Buyer upon delivery. 8.4 The delivery of products will be made to the address provided by the Buyer at the time of Order. The Buyer must ensure that the address provided is correct and complete. Any additional costs incurred due to incorrect or incomplete address will be borne by the Buyer.

  1. Product Warranty and Support

9.1 The products sold by the Seller are covered by a legal warranty for conformity defects. The Buyer is required to report any defects within 14 days of discovery. 9.2 The Seller will not be responsible for damages resulting from improper use, storage, or handling of the products by the Buyer.

  1. Right of Withdrawal

10.1 The Buyer has the right to withdraw from the contract without penalty within 14 days from the date of receipt of the products. 10.2 To exercise the right of withdrawal, the Buyer must inform the Seller in writing by email at [email protected]. 10.3 The products must be returned to the Seller at the Buyer's expense in their original condition and packaging within 14 days from the date of withdrawal notification. The Seller will refund the amount paid by the Buyer within 14 days from the receipt of the returned products.

  1. Privacy

11.1 The personal data of the Buyer will be processed in compliance with the applicable data protection laws. The Buyer has the right to access, rectify, and delete their personal data.

  1. Dispute Resolution and Governing Law

12.1 These General Conditions of Sale are governed by Swiss law. 12.2 In case of disputes, the competent court will be that of the Buyer's residence if located in Switzerland. If the Buyer is located outside Switzerland, the court of the Seller's registered office will be competent.

  1. Contact Information

13.1 For any information or assistance regarding the products or the terms of this contract, the Buyer can contact the Seller at [email protected].

Warranty and Support

  1. Legal Warranty of Conformity

14.1 All products sold on the website www.gustotoys.com are covered by the legal warranty of conformity provided for by Articles 128-135 of the Consumer Code, which guarantees that the goods sold conform to the description made by the seller and that they are suitable for the use declared by the seller or for which that good is normally used. 14.2 In the event of a lack of conformity, the Customer has the right to have the conformity of the product restored by repair or replacement, at no additional cost to the Customer. Alternatively, if one of the remedies above is objectively impossible or excessively expensive, the Customer has the right to an appropriate reduction in price or termination of the contract.

  1. Procedure for Exercising the Legal Warranty

15.1 To benefit from the warranty, the Customer must provide proof of the purchase date and delivery of the product. Therefore, the Customer must retain the purchase invoice, delivery document, or any other document that can confirm the date of purchase and delivery. 15.2 The Customer must notify New World Technology SAGL of the lack of conformity within two months from the discovery of the defect, by sending a written communication to the email address [email protected], indicating the defect and attaching the required documentation. 15.3 The Customer Service of New World Technology SAGL will respond to the Customer's communication, providing instructions on the procedure for returning the defective product and the subsequent steps of the assistance process.

  1. Customer Service

16.1 The Customer can contact the Customer Service of New World Technology SAGL for any information, assistance, or complaint by sending an email to [email protected] or using any other contact methods indicated on the site.

  1. Applicable Law and Jurisdiction

17.1 These General Terms and Conditions of Sale are governed by Swiss law. 17.2 For any dispute relating to the interpretation, execution, or termination of these General Terms and Conditions of Sale, the court of the Customer's place of residence or domicile, if located within Swiss territory, will have jurisdiction. In all other cases, the Court of Mendrisio-Chiasso will have exclusive jurisdiction.

Communications

  1. Communications and Complaints

18.1 All communications or complaints from the Customer to New World Technology SAGL regarding purchase contracts must be addressed to the Customer Service of New World Technology SAGL at the email address [email protected].


New World Technology SAGL Chiasso (CH) Email: [email protected]

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