These General Terms and Conditions (GTC) regulate the purchase via electronic means of the products present on the site www.gioiapen.com, managed and owned by Gioia Pen srl with registered office in Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples, VAT No.: 09421901217.
These GTC constitute an integral and essential part of the purchase contract of the products and the forwarding of the order implies their acceptance by the Customer.
1.1 – The contract stipulated between Gioia Pen and the Customer must be considered concluded with the acceptance, even partial, of the order by Gioia Pen. Such acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways provided, the Customer declares that they have read all the information provided during the purchase procedure, and that they fully accept the general and payment conditions transcribed below.
1.2 – If the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to their professional activity), once the online purchase procedure has been concluded, they will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with Legislative Decree 206/05.
1.3 – The Customer is excluded from any right to compensation for damages or indemnity, as well as any contractual or extra‑contractual liability for direct or indirect damages to persons and/or things, caused by the non‑acceptance, even partial, of an order.
The purchase of products on the site is permitted only to those who are 18 years of age or older.
The buyer is strictly prohibited from entering false, third‑party or fictitious data in the registration procedure necessary to activate the process for the execution of this contract. Gioia Pen reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
These General Conditions of Sale may be modified by Gioia Pen, without prior notice. Each contract will be governed by the General Conditions of Sale in force at the time the order is placed by the Customer.
2.1 – The Customer can only purchase the products present in the electronic catalogue of the website www.gioiapen.com at the time the order is placed, as described in the relevant information sheets. It is understood that the image accompanying the description sheet of a product may not be perfectly representative of its characteristics and may differ in colour, size, accessory products shown in the figure. All purchase support information (Glossary, Purchase Guide, etc.) is to be understood as generic information material, not referable to the real characteristics of a single product.
2.2 – Correct receipt of the order is confirmed by Gioia Pen by means of an email sent to the address communicated by the Customer. This confirmation message reports the date and time of execution of the order and an Order Number, to be used in any further communication with Gioia Pen. The message reiterates all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections using customer service.
2.3 – In the event of non‑acceptance of the order, Gioia Pen guarantees timely communication to the Customer.
Gioia Pen reserves the right to change prices at any time, without prior notice. If an incorrect and/or clearly derisory price is published, for any reason (system error, human error, etc.), the order will be cancelled, even in the event of initial validation.
If one of the requested products is not available, Gioia Pen undertakes to contact the Customer within 10 days of placing the order, communicating the unavailability and any alternative solutions via email. In this case, the Customer may wait for the delivery of the order, if Gioia Pen believes, at its sole discretion, to be able to find the unavailable product on the market, or cancel the order, obtaining a refund of any price already paid.
For certain promotion products, Gioia Pen reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the order will be considered canceled.
The order is shipped only when all the requested products are available; partial shipments are not made.
3.1 – Gioia Pen reserves the right to request additional information from the Customer (e.g. landline telephone number) or the sending of documents proving ownership of the card used. In the absence of the requested documentation, Gioia Pen reserves the right not to accept the order.
3.2 – At no time during the purchase procedure is Gioia Pen able to know the information relating to the buyer’s credit card, transmitted via a secure connection directly to the website of the banking institution that manages the transaction. Gioia Pen can store such data only upon explicit request and consent of the customer: in this case Gioia Pen guarantees that such data is stored according to certified security standards and is always displayed in masked mode.
3.3 – Cash on delivery: in the case of purchases made by COD, an additional charge will be applied to the total amount, clearly highlighted when choosing the payment method. Payment, to be made directly to the courier, will take place upon delivery of the products. It is possible to pay only in cash (no checks). This payment method is applicable only on Italian territory.
3.4 – Purchases via PayPal: at the same time as the conclusion of the online transaction, PayPal will immediately charge the amount relating to the purchase made.
3.5 – Customs charges are the responsibility of the buyer.
4.1 – For each order placed on the website www.gioiapen.com, an invoice is issued for the material shipped. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, no changes will be possible.
4.2 – Delivery costs, if any, are the responsibility of the Customer and are clearly stated when placing the order. For Italy, nothing more is due than the total order. For international shipments only, in addition to the amount displayed at purchase, a basic cost of €10 is foreseen plus document costs as specified in 4.6.
4.3 – No responsibility can be attributed to Gioia Pen in the event of a delay in processing the order or in the delivery of the ordered goods.
4.4 – Delivery is intended at street level unless otherwise communicated by our customer service, provided in the product sheet, or explicitly purchased as delivery to floor. Upon delivery, the Customer must check: (i) that the number of packages corresponds to that indicated in the invoice; (ii) that the packaging is intact and not damaged or altered. Any damage or discrepancy must be immediately contested by writing a WRITTEN RESERVATION OF CONTROL on the courier’s proof of delivery (e.g. “holed packaging”). Once the courier’s document is signed, no objections can be raised regarding the external characteristics of the goods. Problems concerning integrity, correspondence or completeness must be reported within 3 days of delivery.
4.5 – In the event of failure to collect the material stored in the courier’s warehouses within 5 working days due to repeated impossibility of delivery to the address indicated, the goods will be returned to Gioia Pen warehouses.
Order processing times. From receipt of order to delivery of the product to the courier. All orders with payment confirmation received on a working day by 5:00 pm will be entrusted to the courier within 1–3 working days thereafter, barring unforeseen circumstances. The information provided is indicative and not binding for Gioia Pen.
Courier delivery times. From entrusting the product to the courier, delivery is generally within 1–2 working days.
Our products are shipped via Express Courier.
Unavailability and refunds. Gioia Pen will not be responsible for failure or delay in delivery where: (a) despite regularly purchasing the Products, it has not been supplied by the supplier; (b) it is unable to make up for the unavailability due to circumstances beyond its control; and (c) it has promptly communicated such unavailability to the Customer. If the Customer is a Consumer and delivery cannot occur within 30 days, Gioia Pen will reimburse any advance payments within 30 days from the day following the Order.
Force majeure. Gioia Pen will not be responsible for failure or delay due to force majeure (e.g. strikes, measures by public authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, damage to industrial machinery not dependent on Gioia Pen). Gioia Pen will promptly notify the occurrence and cessation. If it persists for over 30 days, each party may withdraw; no compensation is due, without prejudice to the refund of any amounts already paid within 14 days.
4.6 – If the goods are delivered outside of Italy, import duties and taxes may apply upon arrival. Any customs clearance costs will be borne by the customer. Policies vary by country; contact local customs for information. Cross‑border deliveries may be opened and inspected by customs authorities.
5.1 – Pursuant to Legislative Decree 206/05, if the customer is a consumer, they have the right to withdraw from the purchase contract for any reason within 14 calendar days from receipt of the goods, without penalties.
5.2 – To exercise this right, contact Gioia Pen customer service at info@gioiapen.com or send a registered letter with return receipt declaring the will to exercise the right of withdrawal to: Gioia Pen Customer Service c/o Gioia Pen srl, Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples. Gioia Pen will communicate the return instructions; the goods must reach Gioia Pen within 10 days of the communication. Refund within 14 days after verifying integrity of the goods, retaining only shipping costs. Refund by bank transfer (provide IBAN and holder) or by bank check. Goods must be returned intact, complete, in original packaging, without signs of wear or dirt.
5.3 – Conditions: (i) withdrawal applies to the product in its entirety; not on parts; (ii) no withdrawal for products made to measure or clearly personalized; (iii) goods must be intact in original packaging with all parts; avoid labels/tape on original packaging; (iv) shipment is under Customer responsibility until receipt; (v) damage to packaging may incur a deduction up to 10%.
5.4 – Withdrawal lapses entirely if integrity is missing (e.g. negligent use, missing original packaging or parts, damage not due to transport). In such cases goods remain at Gioia Pen, available for pick‑up at Customer’s expense.
All products sold by Gioia Pen are covered by the manufacturer’s conventional warranty and by a 24‑month legal warranty for lack of conformity pursuant to Legislative Decree 206/05. Keep the invoice to benefit from assistance.
6.1 – The 24‑month warranty applies to products presenting a lack of conformity when used correctly and as provided in the documentation. Reserved to private consumers. In the event of lack of conformity, Gioia Pen will restore conformity by repair/replacement or price reduction, up to termination of the contract.
6.2 – If it is not possible to return a product under warranty (repaired or replaced), Gioia Pen may refund the amount paid, considering the use of the product, or replace it with a product of equal or superior characteristics.
6.3 – Times for repair/replacement depend exclusively on the manufacturer’s policies; no damages can be requested for delays.
6.4 – Returns for warranty must be in original packaging, complete in all parts; avoid labels/tape directly on the packaging. An RMA number will be provided and must be indicated on the outside of the package.
7.1 – Personal data requested during the order process are collected and processed to fulfill Customer requests. Gioia Pen guarantees compliance with personal data legislation (Legislative Decree 196/03 and subsequent). Data controller: Gioia Pen srl, Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples.
Any complaints must be addressed to: Gioia Pen Customer Service c/o Gioia Pen srl, Via Michelangelo da Caravaggio, 15 – 80022 – Arzano, Naples – Email: info@gioiapen.com
The purchase contract concluded on www.gioiapen.com is governed by Italian law. More favorable and mandatory provisions of the country of habitual residence of non‑Italian users remain applicable.
For any dispute relating to the application, execution and interpretation of these GTC, the competent court is that of the place in which the user resides or has elected domicile.
Pursuant to art. 141‑sexies, paragraph 3 of Legislative Decree 206/2005, consumers are informed that the European ODR platform for online dispute resolution is available at http://ec.europa.eu/consumers/odr/.
The consumer’s right to bring the dispute before the competent ordinary judge remains unaffected, regardless of the outcome of any out‑of‑court procedure.
Users residing in an EU member state other than Italy may access the European Small Claims Procedure (Regulation (EC) No 861/2007) where the value of the dispute does not exceed € 2,000. The text is available on eur-lex.europa.eu.