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Terms & Conditions

In General

The Gexcel Site (www.gexcel.it) and the Gexcel Web Store (www.store.gexcel.it) are websites operated by Gexcel Srl, with Registered Office located in Località Piscinamanna c/o Polaris, I-09010 Pula (Cagliari) - Italy and Administrative Office located in Via Branze, 45 c/o CSMT, I-25123 Brescia - Italy.

The Terms and Conditions are written using the English Language. In presence of any inconsistency or contradiction between any translation in local languages and the English original version, the English version shall prevail.

Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at www.gexcel.it/en/privacy-policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

1. General sales Terms and Conditions

The Terms and Conditions of sales govern all the commercial interactions between the Customer and Gexcel. As commercial interactions we mean the sales, offering, delivery, payments of any Gexcel product. Any Terms and Conditions, or any exception to the Gexcel Terms and Conditions of sales defined by the Customer cannot modify the General Terms and Conditions of Sales defined by Gexcel. A variation of the Terms and Conditions can be accepted by Gexcel only if explicitly approved by Gexcel itself via written letter, not in digital form, directly signed from the President of Gexcel.

2. Sales Terms and Conditions for Gexcel's resellers

General terms and conditions of sale applied by re-sellers or distributors of Gexcel products can vary and can be set and changed by the re-seller or distributors. For this reason please note that if the Customer interacts with a Gexcel products reseller located in its country or region, it may apply and you can be subjected to different sales policies.

The sales of Gexcel products using the web store platform is carried on directly by Gexcel using the site www.store.gexcel.it

3. Terms of use and interaction with Gexcel web site and Gexcel web store

3.1 Commercial use and limitations. Unless otherwise specified, the Gexcel Store and Services are for your personal and non-commercial use. All the contents, information, data and services obtained from Gexcel website and Store Platform are exclusivity for personal and non-commercial use. This means that as visitor of Gexcel web contents you are not allowed to commercially and not commercially use, share, publish copy, license and sell any information or services obtained from the Gexcel web sites.

3.2 Documents available on the Gexcel web store and Gexcel web site. The Permission to use Documents (such as images, white papers, logos, demo data, press releases, datasheets and FAQs) from the Gexcel web site and Gexcel store website is possible after a written (digital) request to Gexcel and the Gexcel permission. In case of permission in the usage of the material the copyright notice: “©2017 Gexcel Srl. All rights reserved.” must anyway appear in all the documents. In any case, any modification of any document is not admitted. Violators will be prosecuted.

3.3 About the Gexcel web contents. All the brochures, texts, videos, images, information, demo data present in the Gexcel websites and digital platforms (as www.gexcel.it and/or www.store.gecel.it platform, and the blogs, twitter or social network platforms managed by Gexcel), are published to describe at the best Gexcel’s products and services.

All these details and information cannot be considered as part of a contract, as specifications or part of an order, but have to be considered for information purposes only. Gexcel does not guarantee about the accuracy and updated of these contents and cannot be considered anyhow as a guarantee or promised warranties.

3.4 Web account registration. If the Gexcel website, or a direct email contact, or the Gexcel web store system asks for a data registration, you must complete the registration process by providing Gexcel with updated, complete and accurate information as prompted by the applicable registration form. As Customer you are required to digit accurate and complete data and you are considered responsible for these actions and to keep these data correctly updated.
In particular any Customer has to communicate a valid email address that will be used by Gexcel for contracts communications, software updates and for any kind of communication between the Customer and Gexcel srl. All the email communication messages sent by Gexcel to the Customer are considered as “read” in 24 hours time from the email delivery. It is duty of the Customer to manage that the Customer emails are daily read and that no firewalls or spamming system are blocking the Gexcel’s messages.

Any message written via email from the Customer to Gexcel can be considered by the Customer as “read” only after an explicit message written by Gexcel staff.

The Customer is also responsible to keep the userID and password to access to Gexcel dedicated services, as confidential and for this reason the Customer is responsible for any action and for all the activities that occur under the Customer account.

Applying the registration to the Gexcel Store Website and e-commerce platform the Customer accepts that any order activated using the Customer userID and password shall be valid, even if carried on without his knowledge. Therefore the Customer agrees to notify Gexcel without delay of any unauthorized use or suspect of unauthorized use of the Customer account.

IMPORTANT: Please note that an invalid email address or any filter used by the Customer email platform that could avoid the reception of Gexcel emails can cause problems in the software activation and maintenance. These problems do not entitle the Customer to any kind of refund request and does not add any responsibility to Gexcel. It is full responsibility of the Customer to control the check the correctness functionality of its own email platform. 

3.5 Illegal or prohibited use of web services. With the account registration at the Gexcel website and/or e-commerce services, or just browsing Gexcel websites, the Customer warrants Gexcel that he will not use the services provided by Gexcel websites and store platforms for illegal purposes or prohibited actions against the general terms and conditions of use and sales of Gexcel products.

In particular the Customer agrees that he will not use the services, data and information acquired from the Gexcel sites to damage Gexcel or third parties that have contributed to the contents developments. The contents shared by Gexcel are only for personal and internal use, and cannot be used by the Customer for any different use then the internal and personal study and information about Gexcel products.

3.6 Sending unsolicited idea and material posted to Gexcel. Gexcel asks the Customer not to send unsolicited ideas through the website or via email. In case the Customer shall consider that Gexcel is using a his (Customer) idea for its own business, if this idea was sent to Gexcel even if unsolicited, Gexcel will not recognize any compensation in respect to the use of Customer unsolicited Submission.

3.7 Link to third parties web sites. To support our Customers, Gexcel provides in its own website several links to external websites managed and controlled by third parties. Gexcel do the best to assure that the contents on third parties websites linked to the Gexcel website follow all the ethical and legal issues that Gexcel cares. Gexcel decline any responsibility about the contents of these third parties websites.

4. Gexcel web store

4.1 Offers. Products and offers published on the ecommerce platform (www.store.gexcel.it) are unique and can be different from the ones offered worldwide by Gexcel sales team and by Gexcel resellers. The prices and availability of the products can change at any time and without providing any notice.

4.2 Orders. To activate an order on the Gexcel Web Store Platform it is necessary to make a full registration. The Customer has to take great care about the correctness of the data input. To process an order, the Customer must be a company or a professional with valid VAT number and Fiscal Code. If the Customer come from the EU, the registration to the VIES is required. The order is fully activate with the online payment. The costs and products listed in the Web Store Platform are fixed and cannot be changed by the Customer. Customer orders are not binding on Gexcel until accepted by Gexcel also if a automatic payment confirmation email is received by the Customer from the automatic Web Store Platform. Gexcel inform the Customers that the “orders” can be refused or rejected at any time without any reasons. Usually, but are not limited to, the main reasons why an order can be refused or rejected are the following:

  • if the Customer does not met the conditions specified at the time of the order;
  • if the payment cannot be processed;
  • if for any reason the product and/or services ordered by the Customer are not or have never be available (even if for any obvious error on the website or inside the information send to the Customer by Gexcel sales team). Gexcel will anyway do the best to help the Customer to choose an alternative product that could satisfy the Customer needs. If the Customer does not choose to order an alternative product, Gexcel will definitely cancel the order and will refund the Customer.
  • if conditions detailed in point 4.8 occur;
  • if an obvious error on the Website, Gexcel will contact the Customer and will propose to correct the error and charge to the Customer the correct price;

The products ordered will be delivered within thirty (30) days of the date of your order.

The prices stated by Gexcel do not include:

  • any kind of packing and insurance different from the standard one provided by Gexcel;
  • any cost related to the shipping of the product to the Customer, if not already included in the offer and in the final price;
  • all applicable taxes or charges (“Taxes”) that may apply to Customer purchase;
  • all delivery costs;
  • any Taxes connected to the sale of products shall be inserted to the Customer invoice by Gexcel;

4.3 Payments. Products and services price are set in euro. The on line payments are possible only using the ways proposed by the system. If the Customer meets problems with this approach an email can be sent to sales@gexcel.it. After the payment of the product it is not possible to obtain a refund. Refund is possible only in the cases and forms defined by the law. At the client will be charged the price displayed at the time of the payment. In case of order refusal the refunding of the payment shall be processed within 30 days time without any cost for the Customer.

4.4 Discount codes. In some periods discount codes can be provided in particular occasions as marketing campaigns, workshops, new products launches. Discount codes cannot be obtained contacting directly Gexcel sales team.

4.5 Shipping address. Software licenses will be delivered to the Customer via email or at the shipping address provided by the Customer if physical material has to be shipped. In case of wrong shipping address all the costs to recover the physical material will be ask to the Customer. If the material is lost due to an error on the shipping address provided by the Customer, the Customer will not be refund.

4.6 Shipping costs. All the physical shipping costs are charged directly in the web store to the client and included in the order. The material sent via email is free of charge.

4.7 Shipping insurance for physical products. All the insurance costs due to the physical delivery of material are included in the shipping costs charged to the Customer.

4.8 Customers not entitled to buy materials on web store. Due to marketing reasons, local agreements with resellers or local representative offices, or for different reasons here not presented, some Customer may not be entitle to place orders and payments using the web store. In particular, but not only, the Customers from PRC are not entitled to place orders in the web store.

5. Orders by direct Gexcel sales contact or Gexcel resellers network

5.1 Differences between orders made by direct sales and web store. The products listed in the web store are usually different from the ones directly sold by Gexcel and by the Gexcel reselling network. Gexcel sales team and the Gexcel reseller network are not entitled to provide the same offers present in the web store.

5.2 Payments. All the orders must be pre-paid. The material will be shipped or sent by email to the Customer only after that Gexcel has received the full payment.

5.3 Late payments. Delayed payments for software can be defined for entitled Customers. Until the full payment is received, the software remains property of Gexcel. The software can be previously temporary activated on the Customer computer but the property remains of Gexcel. The full timeless activation and the property of the software will be transferred to the client only after the full payment. 

5.4 Fulfillment of objection: In case the Customer will not pay the sum indicated in the order within the set agreed term, Gexcel will be authorized not to supply the software (license activation), maintenance and support. The Customer will quitclaim, starting from now, to any protective lawsuit.

6. Return

To activate the withdrawal procedure, it is necessary that the Customer communicates this decision to the sales department of Gexcel (store@gexcel.it) before the withdrawal period has expired. This request has to be validated by a Gexcel confirmation.

6.1 Software licensed with USB. The Customer can withdrawal from the Contract/Order within ten (10) calendar days, only if the Customer has not received the activation code.

The ten (10) days withdraw time starts immediately at the product order. In any case, if the applicable law of your country or region grants to the Customer a longer withdrawal time, this period will be applied.

The physical products have to be returned to Gexcel (address: Gexcel Srl, via Branze 45, I-25123 BS – Italy) without undue delay and at Customer expenses. Gexcel will refund the Customer using the same payment method used by the Customer for the payment. Any delivery costs or bank transfer costs or other undetectable costs will be deducted by the global refunded value.

As a condition of return, all physical products have to be returned to Gexcel and care has to be taken. In particular, the products must not show wear or damage, and must be returned in a global condition that allows Gexcel to resell it again without costs. If the product has been provided with a shipping box, this must be returned with their seal intact. The services must not have been consumed by the Customer.

All products returns shall be accompanied by the original documentation, by the training manuals (if present), by all the accessories, components and parts (if any) and by the official the manufacturer’s packaging. It has to be clear that the product has not been used. The failure of including items, parts, accessories or the use of the product can provoke a delay or refuse of the refund or the deny the return if one of the refund or exchange or result. In some cases Gexcel can reduce the value of refund under detailed circumstances. 

6.2 Software licensed without USB. The Customer can withdrawal from the Contract/Order within ten (10) calendar days, only if the Customer has not received the activation code.

The ten (10) days withdraw time starts immediately at the product order. In any case, if the applicable law of your country or region grants to the Customer a longer withdrawal time, this period will be applied.

6.3 Training. The Customer can withdrawal from the Contract/Order within ten (10) calendar days, only if the date of the course has not been defined.

The ten (10) days withdraw time starts immediately at the product order. In any case, if the applicable law of your country or region grants to the Customer a longer withdrawal time, this period will be applied.

6.4 Physical products. After the payment, the Customer can withdraw from the Contract/Order within ten (10) calendar from the product order. The physical products have to be returned to Gexcel (address: Gexcel Srl, via Branze 45, I-25123 BS – Italy) without undue delay and at Customer expenses. Gexcel will refund the Customer using the same payment method used by the Customer for the payment. Any delivery costs or bank transfer costs or other undetectable costs will be deducted by the global refunded value.

As a condition of return, all physical products have to be returned to Gexcel and care has to be taken. In particular, the products must not show wear or damage, and must be returned in a global condition that allows Gexcel to resell it again without costs. If the product has been provided with a shipping box, this must be returned with their seal intact. The services must not have been consumed by the Customer.

All products returns shall be accompanied by the original documentation, by the training manuals (if present), by all the accessories, components and parts (if any) and by the official the manufacturer’s packaging. It has to be clear that the product has not been used. The failure of including items, parts, accessories or the use of the product can provoke a delay or refuse of the refund or the deny the return if one of the refund or exchange or result. In some cases Gexcel can reduce the value of refund under detailed circumstances. 

7. Governing Law

This contract and all claims, disputes will be governed by and subject of the laws of Italy, in the town of Brescia. Both the Customer and Gexcel submit to the exclusive jurisdiction of the courts of Italy (town of Brescia) also all the other disputes out of the contract too.

8. Warranties for software products

Gexcel’s warranty software products policy is detailed in the document “Gexcel End User License and Maintenance Agreement“. In general terms Gexcel does not provide other warranties, express or implied different from the one provided at the product acquisition.

9. Warranties for physical products

Gexcel’s warranty for physical products is detailed in the document provided within the physical product.

Gexcel provides a warranty than the physical products are free of defects in materials and workmanship for 12 months from the data of product delivery to the Customer from Gexcel. A different Warranty period can be applied if clearly defined in the selling or reselling contract. For “third parties parts”, as (but not limited to) computers, tablets, personal computers, sensors, the third party warranty policy is applied.

10. Various

The terms and conditions provided with the downloadable or physical products supersede all previous oral or written agreements. In case of discrepancy, the terms and conditions signed at date and time of the order shall prevail. Any order is valid only after confirmation from Gexcel.The headings contained in the documents are present to support the reading and the comprehensibility, and shall not affect their interpretation.  

©2017 Gexcel Srl. All rights reserved.