Sales Policy
General Terms and Conditions
This policy applies to purchases made both online and directly through Gexcel’s sales department.
The Gexcel Website (www.gexcel.it) is operated by Gexcel Srl, located in Via Branze, 45 c/o CSMT, I-25123 Brescia – Italy.
The Terms and Conditions are written using the English language. In the presence of any inconsistency or contradiction between any translation in local languages and the English original version, the English version shall prevail.
1. GENERAL SALES TERMS AND CONDITIONS
The Terms and Conditions of Sales govern all the commercial interactions between the Customer and Gexcel. By commercial interactions, we mean the sale, offering, delivery, and payment for any Gexcel product. Any terms and conditions or any exceptions 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 via a written letter, not in digital form, directly signed by the President of Gexcel.
2. SALES TERMS AND CONDITIONS FOR GEXCEL RESELLERS
General terms and conditions of sale applied by resellers or distributors of Gexcel products can vary and can be set and changed by the resellers 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.
3. TERMS OF USE AND INTERACTION WITH GEXCEL WEBSITE
3.1 Commercial use and limitations. Unless otherwise specified, all the contents, information, data, and services obtained from the Gexcel website are exclusively for personal and non-commercial use. This means that as a visitor of Gexcel web content, you are not allowed to commercially or non-commercially use, share, publish, copy, license, or sell any information or services obtained from the Gexcel websites.
3.2 Documents available on the Gexcel website. Permission to use documents (such as images, white papers, logos, demo data, press releases, datasheets, and FAQs) from the Gexcel website is possible after a written (digital) request to Gexcel and Gexcel’s permission. In case there is permission for the usage of the material, the copyright notice: “©20xx[CURRENT YEAR] Gexcel Srl. All rights reserved” must appear in all the documents. In any case, modifications to any document are not allowed. Violators will be prosecuted.
3.3 About the Gexcel Web Content. All the brochures, texts, videos, images, information, and demo data present on the Gexcel websites and digital platforms (such as www.gexcel.it and social network platforms managed by Gexcel) are published to describe Gexcel’s products and services at their best.
All these details and information cannot be considered as part of a contract, as specifications or part of an order, but must be considered for information purposes only. Gexcel does not guarantee the accuracy and up-to-date nature of these contents and cannot be considered in any way as a guarantee or promised warranties.
3.4 Web Account Registration. If the Gexcel website, or a direct email contact, asks for 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 a Customer, you are required to digitize accurate and complete data, and you are considered responsible for these actions and for keeping this data correctly updated.
In particular, any Customer has to communicate a valid email address that will be used by Gexcel for contract communications, software updates, and any kind of communication between the Customer and Gexcel srl. All the email communication messages sent by Gexcel to the Customer are considered “read” within 24 hours of the email delivery. It is the duty of the Customer to ensure that the Customer’s emails are read daily and that no firewalls or spamming systems are blocking Gexcel’s messages.
The Customer is also responsible for keeping the user ID and password to access Gexcel’s dedicated services, and for this reason, the Customer is responsible for any action and for all the activities that occur under the Customer account.
The Customer agrees to notify Gexcel without delay of any unauthorized use or suspicion 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 prevent 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 do not add any responsibility to Gexcel. It is the full responsibility of the Customer to control the functionality of its own email platform.
3.5 Illegal or prohibited use of web services. With the account registration at the Gexcel website, or just browsing the Gexcel website, the Customer warrants to Gexcel that he will not use the services provided by the Gexcel website for illegal purposes or prohibited actions against the general terms and conditions of use and sale 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 content’s development. The contents shared by Gexcel are only for personal and internal use and cannot be used by the Customer for any other use than the internal and personal study and information about Gexcel products.
3.6 SENDING UNSOLICITED IDEAS AND MATERIAL POSTED TO GEXCEL POLICY 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 his (customer’s) 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 the Customer’s unsolicited submission.
3.7 Link to third-party websites. To support our customers, Gexcel provides on its own website several links to external websites managed and controlled by third parties. Gexcel does its best to ensure that the content on third-party websites linked to the Gexcel website follows all the ethical and legal issues that Gexcel cares about. Gexcel declines any responsibility for the contents of these third parties’ websites.
4. ONLINE SALES
4.1 Offers. Products and offers published online on the Gexcel website are unique and can be different from the ones offered worldwide by the Gexcel sales team and by Gexcel resellers. The prices and availability of the products can change at any time without providing any notice.
4.2 Payments. Product and service prices are set in euros. The online payments are possible only using the methods proposed by the system. If the customer has problems with this approach, an email can be sent to sales@gexcel.it. After the purchase, it is not possible to obtain a refund. A refund is possible only in the cases and forms defined by the law. The Customer will be charged the price displayed at the time of the payment. In case of order refusal, the refund of the payment shall be processed within 30 days without any cost for the Customer. By making a purchase, the Customer automatically agrees to the terms and conditions set forth in this document.
4.3 Discount codes. In some periods, discount codes can be provided on particular occasions like marketing campaigns, workshops, and new product launches. Discount codes cannot be obtained by contacting the Gexcel sales team.
4.4 Shipping address. Software licenses will be delivered to the Customer via email or at the shipping address provided by the Customer if physical material must be shipped. In case of a 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 in the shipping address provided by the Customer, the Customer will not be refunded.
4.5 Shipping costs. All the physical shipping costs are charged directly on the website to the client and included in the order. The material sent via email is free of charge.
4.6 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 the website. Certain Customers are not authorized to purchase products on the website. For marketing reasons, local agreements with retailers or local representative offices, or other unspecified reasons, some customers may be unauthorized to place orders or make payments through the website. This includes, but is not limited to, customers from countries subject to EU and U.S. sanctions.
5. ORDER USING DIRECT CONTACTS OF GEXCEL SALES FORCE OR GEXCEL RESELLING NETWORK
5.1 Differences between orders made by direct sales and website. The products listed on the website are usually different from those directly sold by Gexcel and by the Gexcel reselling network. The Gexcel sales team and the Gexcel reseller network are not entitled to provide the same offers present on the website.
5.2 Payments. All the orders must be prepaid. The material will be shipped or sent by email to the Customer only after Gexcel has received the full payment.
5.3 Late payments. Delayed payments for software can be defined as entitled Customers. Until the full payment is received, the software remains the property of Gexcel. The software can be temporarily activated on the Customer’s computer, but the property remains with Gexcel. The full, endless activation and the property of the software will be transferred to the client only after the full payment.
5.4 Fulfilment of objection. In case the Customer will not pay the sum indicated in the order within the agreed-upon term, Gexcel will be authorised not to supply the software (license activation), maintenance, and support. The Customer will quitclaim, starting from now, to any protective lawsuit.
6. RETURN POLICY
To activate the withdrawal procedure, the Customer must communicate this decision to the sales department of Gexcel (sales@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 withdraw from the Contract/Order within ten (10) calendar days, only if the Customer has not received the activation code.
The ten (10) day withdrawal time starts immediately upon product order. In any case, if the applicable law of your country or region grants 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 the Customer’s expense. Gexcel will refund the Customer using the same payment method used by the Customer for the payment. Any delivery costs, bank transfer costs or other undetectable costs will be deducted from the global refunded value.
As a condition of return, all physical products must be returned to Gexcel, and care must be taken. In particular, the products must not show wear or damage and must be returned in a condition that allows Gexcel to sell them again without costs. If the product has been provided with a shipping box, this must be returned with its seal intact. The services must not have been consumed by the Customer.
All product 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 manufacturer’s packaging. It must be clear that the product has not been used. The failure to include items, parts, accessories, or the use of the product can provoke a delay or refusal of the refund or deny the return if one of the refund, exchange or return. In some cases, Gexcel can reduce the value of the refund under detailed circumstances.
6.2 Software licensed without USB. The Customer can withdraw from the Contract/Order within ten (10) calendar days, only if the Customer has not received the activation code.
The ten (10) day withdrawal time starts immediately upon product order. In any case, if the applicable law of your country or region grants the Customer a longer withdrawal time, this period will be applied.
6.3 Training. The Customer can withdraw from the Contract/Order within ten (10) calendar days, only if the date of the course has not been defined.
The ten (10) day withdrawal time starts immediately upon product order. In any case, if the applicable law of your country or region grants 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 days from the product order. The physical products must be returned to Gexcel (address: Gexcel Srl, via Branze 45, I-25123 BS – Italy) without undue delay and at the Customer’s expense. Gexcel will refund the Customer using the same payment method used by the Customer for the payment. Any delivery costs, bank transfer costs or other undetectable costs will be deducted from the global refunded value.
As a condition of return, all physical products must be returned to Gexcel, and care must be taken. In particular, the products must not show wear or damage and must be returned in a condition that allows Gexcel to sell them again without costs. If the product has been provided with a shipping box, this must be returned with its seal intact. The services must not have been consumed by the Customer.
All product 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 manufacturer’s packaging. It must be clear that the product has not been used. The failure to include items, parts, accessories, or the use of the product can provoke a delay or refusal of the refund or deny the return if one of the refund, exchange or return. In some cases, Gexcel can reduce the value of the refund under detailed circumstances.
7. GOVERNING LAW
This contract and all claims and disputes will be governed by and subject to 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) and also all other disputes outside of the contract.
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 for the physical product.
Gexcel provides a warranty that the physical products are free of defects in materials and workmanship for 12 months from the date 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”, such as (but not limited to) computers, tablets, personal computers, and 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 the 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 should not affect their interpretation.