Terms and Conditions

These General Terms and Conditions of Sale are issued by GASPA S.R.L MACCHINE, a limited liability company duly incorporated and operating in Italy, which carries out commercial activities under the registered trademark GASPA MACCHINE.

• Company name: GASPA S.R.L MACCHINE
• Trade name: GASPA MACCHINE
• Registered and operational headquarters: Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy
• VAT number: IT 03006910909
• ATECO code: 47.52.40 – Retail trade of hardware, paints, flat glass, and electrical and thermo-hydraulic material
• Telephone: +39 377 390 1146
• Email: info@gaspa-macchine.com
• Website: gaspa-macchine.com
• Support hours: Monday – Saturday, 09:00 AM – 6:00 PM (CET/CEST)

These General Terms and Conditions of Sale (hereinafter also "T&C") govern all contractual sales relationships concluded between GASPA S.R.L MACCHINE (seller) and any natural or legal person (buyer) who places an order through the website gaspa-macchine.com.

• Private consumers (B2C): natural persons who purchase for purposes unrelated to their entrepreneurial, artisanal, or professional activity, pursuant to Art. 3 of Legislative Decree 206/2005 (Consumer Code).
• Professionals and businesses (B2B): natural or legal persons who purchase in the exercise of their professional, entrepreneurial, or commercial activity, including sole proprietorships, companies, and other entities.

The additional protections provided by consumer protection legislation (such as the right of withdrawal, the reinforced legal guarantee, and remedies in case of defect) apply exclusively to buyers acting as consumers, as defined by current legislation.

The use of the website gaspa-macchine.com and the conclusion of any purchase order imply the reading, understanding, and full acceptance of these T&C, the Privacy Policy, the Shipping Policy, the Return and Refund Policy, and all other policies published on the site. If you do not fully accept these T&C, please do not proceed with the purchase.

GASPA MACCHINE sells agricultural machinery and earthmoving and construction machinery, both new and used. Each machine in the online catalog is described in detail in the relative product sheet, with an indication of the technical characteristics, year of production, working hours, general condition, and any other information relevant to the purchase evaluation.

GASPA MACCHINE is committed to providing product descriptions that are as accurate, complete, and truthful as possible. Each product sheet includes:

• Make, model, and year of production of the machine.
• Working hours recorded at the time of listing.
• General condition status (e.g., good, fair, with signs of use).
• Real photographs of the machine from multiple angles.
• Main technical specifications (weight, capacity, engine, etc.).
• Any defects, recent repairs, or declared limitations of use.
• Available documents (registration document, CE certificates, user manuals).

Used machines naturally show signs of use, component wear, and aesthetic imperfections that are not attributable to lack of conformity. Before concluding the purchase, the buyer is invited to carefully read the product description, view all available photographs and, if desired, request further information or documentation from info@gaspa-macchine.com. The status described in the product sheet refers to the time of publication of the advertisement.

The sales contract between GASPA MACCHINE and the buyer is finalized exclusively through the completion of the online order procedure on the website gaspa-macchine.com. The complete procedure is described below, step by step, in full compliance with Legislative Decree 70/2003 on Electronic Commerce and Legislative Decree 206/2005 on distance contracts.

• 1 – Product selection The buyer browses the online catalog, consults the product sheets, photographs, and technical specifications, and adds the desired machine to the cart. It is possible to request additional information via email before proceeding.
• 2 – Data entry and delivery address The buyer enters their personal data, the complete delivery address, and selects the preferred payment method. Data is processed in compliance with the Privacy Policy and GDPR.
• 3 – Order summary Before confirming the purchase, a complete summary of the order is shown with an indication of the product, the total price including VAT, shipping costs, and delivery data. The buyer has the opportunity to correct any errors.
• 4 – Confirmation and payment By clicking on "Complete order" or equivalent, the buyer sends an irrevocable purchase proposal to GASPA MACCHINE. At this stage, payment is made using the selected method.
• 5 – Order confirmation GASPA MACCHINE sends an automatic order confirmation to the buyer at the email address provided within a few minutes. This email constitutes a receipt of the purchase proposal, but not yet definitive contractual acceptance.
• 6 – Acceptance and shipping The sales contract is finalized at the moment GASPA MACCHINE sends the shipping confirmation with a tracking number. Until that moment, GASPA MACCHINE reserves the right not to accept the order in case of product unavailability or errors in the published price, proceeding with a full refund within 5 working days.

All prices published on the website gaspa-macchine.com are expressed in Euro (EUR, €) and, unless otherwise explicitly indicated, include the Italian Value Added Tax (VAT) applicable to final consumers resident in Italy.

• For purchases made by private consumers resident in Italy, the indicated price already includes Italian VAT at the current rate.
• For intra-community purchases made by businesses and VAT entities with a valid foreign VAT number in the EU, the sale can take place VAT exempt pursuant to Art. 41 of Decree-Law 331/1993 (intra-community supply). The buyer must provide their valid European VAT number during the order phase.
• For shipments to Switzerland (non-EU country), the prices shown are net of Italian VAT. Customs duties, import taxes, and Swiss VAT are the exclusive responsibility of the recipient buyer, according to current local regulations.
• For purchases made by private consumers resident in other EU countries, the applicable VAT may vary based on the OSS (One Stop Shop) thresholds provided for by EU Directive 2017/2455. GASPA MACCHINE reserves the right to apply the VAT of the destination country where required by law.

The prices indicated on the site are updated periodically and may vary without notice. The price that applies to each order is the one displayed at the time of order confirmation by the buyer. Any material price errors (e.g., obviously incorrect prices) will be communicated to the buyer before shipping; in such cases, the buyer has the right to confirm the order at the correct price or to cancel it with a full refund.

Shipping costs are not included in the product price and are calculated and shown separately in the order summary phase, before confirmation. The shipping cost varies based on the destination country, weight, dimensions of the machine, and the selected carrier. For further details, please refer to the Shipping Policy.

GASPA MACCHINE accepts the following payment methods for all orders placed through gaspa-macchine.com. All transactions are protected by advanced security protocols (SSL/TLS encryption). For full details, consult the Payment Methods page.

Credit or debit card data is never stored on GASPA MACCHINE servers. Card payment processing is entrusted to PCI DSS certified payment processors, which guarantee maximum protection of the buyer's financial information.

In case of non-payment, insufficient, or fraudulent payment, the order will be canceled and the machine will be made available in the catalog again. GASPA MACCHINE reserves the right to report any fraudulent transactions to the competent authorities. The transfer of ownership of the machine occurs exclusively upon receipt and confirmation of full payment.

The machines in the GASPA MACCHINE online catalog are generally single units, available while stocks last. Given the nature of the sector (used agricultural and construction machinery), each unit is unique and non-replicable. Consequently, product availability is guaranteed exclusively until the displayed unit is sold out.

In the rare case that, following order confirmation, the machine is no longer available (for example due to a simultaneous multiple order or an error in updating the catalog), GASPA MACCHINE undertakes to:

• Inform the buyer within 2 working days of receipt of the order.
• Proceed with a full refund of the amount paid within 5 working days of the communication.
• Propose, where available, an alternative machine with equivalent characteristics, which the buyer is free to accept or refuse.

GASPA MACCHINE ships the purchased machines through carriers specialized in the transport of heavy vehicles and industrial machinery. Given the nature and dimensions of the machines sold, transport is organized with professional carriers on a flatbed or with an equipped trailer.

The indicated times are indicative estimates and do not constitute a guarantee of delivery by a precise date. Delays due to force majeure, adverse weather conditions, national holidays, carrier strikes, or customs procedures are not attributable to GASPA MACCHINE.

At the time of shipment, GASPA MACCHINE sends the buyer a confirmation email containing the tracking number and instructions for monitoring the delivery status. The buyer is responsible for checking the progress of the shipment and coordinating with the carrier for delivery.

At the time of delivery, the buyer is required to:

• Verify the external condition of the machine and the packaging/transport protections before signing the delivery document.
• In case of visible transport damage, place a specific written reservation on the transport document (e.g., CMR) and photograph the damage immediately.
• Report any transport damage to GASPA MACCHINE within 5 working days of delivery, sending photographs and a copy of the transport document with reservation to info@gaspa-macchine.com.
• The signature without reservation of the delivery document implies acceptance of the machine in visually ascertainable conditions and transfers responsibility for external damage from the carrier to the buyer.

GASPA MACCHINE ships exclusively to the following countries. The buyer is responsible for verifying the compliance of the purchased machine with the approval, registration, and circulation regulations in force in their country of residence.

GASPA MACCHINE is not responsible for the registration, approval, inspection, or technical adjustment procedures required in the destination country. It is the exclusive responsibility of the buyer to verify, before purchase:

• The compliance of the machine with the approval and circulation regulations of their country.
• Emission requirements (e.g., Stage IIIA/IIIB/IV/V for non-road engines according to EU Regulation 2016/1628).
• The existence of any restrictions on the use of certain types of machines in their country.

For shipments to Switzerland, Swiss customs procedures apply. The buyer is required to bear any customs duties, import taxes, and Swiss VAT (MWST/TVA) applicable to the purchased machine. For more details, consult the Customs, Duties and Import Regulations page.

In accordance with Legislative Decree 206/2005 (Consumer Code), Arts. 52–59, and EU Directive 2011/83/EU on consumer rights, every buyer acting in the capacity of a private consumer has the right to withdraw from the distance purchase contract without the need to provide any reason, within 14 calendar days from the date of delivery of the machine.

The 14-day period starts from the day on which the consumer (or their delegate, other than the carrier) acquires physical possession of the machine. If the deadline expires on a public holiday, it is automatically extended to the first following working day.

To exercise the right of withdrawal, the consumer must send an unequivocal written communication to GASPA MACCHINE before the expiry of the 14-day period, through one of the following channels:

• Email: info@gaspa-macchine.com with the subject "Exercise of the right of withdrawal – Order No. [order number]".
• Telephone: +39 377 390 1146 (during opening days and hours), with subsequent written confirmation.

The consumer may use the attached standard withdrawal form (Art. 49, paragraph 1, letter h) of Legislative Decree 206/2005), but is not obliged to do so. Any unequivocal communication of the decision to withdraw is sufficient. The communication is timely if sent before the expiry of the deadline.

Following the exercise of the right of withdrawal, the consumer must return the machine to GASPA MACCHINE within 14 calendar days of the communication of withdrawal. Return costs are borne by the consumer, unless otherwise agreed in writing. The machine must be returned in the condition in which it was received, without additional damage compared to the state declared in the original product sheet.

GASPA MACCHINE refunds the consumer the full purchase price (including original ordinary shipping costs, if incurred), within 14 calendar days of receipt of the withdrawal communication, but may withhold the refund until receipt of the machine or until the consumer has demonstrated that they have sent it back. The refund is made using the same means of payment used for the purchase, unless otherwise agreed.

The right of withdrawal does not apply in the following cases provided for by Art. 59 of the Legislative Decree. 206/2005:

• Goods made to measure or clearly personalized based on the consumer's specifications.
• Contracts concluded between businesses (B2B), where both parties act in the exercise of their professional or entrepreneurial activity.
• Machines which, by their nature, are inseparably connected to other goods after delivery.

The return procedure applies to cases of exercise of the right of withdrawal by consumers and to cases of non-conforming or defective products, in compliance with the Return and Refund Policy published on the site. For full details of the procedure, consult the Returns and Refunds page.

• Step 1 – Initial contact Contact GASPA MACCHINE at info@gaspa-macchine.com indicating the order number, the reason for the return (withdrawal, defect, non-conformity) and attaching photographs of the machine in its current condition.
• Step 2 – Return authorization (RMA) GASPA MACCHINE examines the request and, if approved, provides a return authorization (RMA number) with instructions for the return shipment within 5 working days. Unauthorized returns will not be accepted.
• Step 3 – Return shipment The consumer organizes the return shipment of the machine. Transport costs for the return are borne by the consumer (in case of withdrawal) or by GASPA MACCHINE (in case of undeclared lack of conformity or seller error).
• Step 4 – Inspection upon receipt GASPA MACCHINE inspects the returned machine within 5 working days of receipt and communicates the outcome of the inspection to the buyer.
• Step 5 – Refund The refund is processed within 14 calendar days of confirmation of return approval, using the same means of payment used for the purchase. Any deductions for damage caused by the buyer (not pre-existing) are communicated in advance.

Every machine sold by GASPA MACCHINE is covered by the legal guarantee of conformity provided for by EU Directive 2019/771 and implemented in Italy with Legislative Decree 170/2021. This guarantee is an mandatory right of every consumer and cannot be excluded or limited by any contractual clause.

For the complete content of the guarantee, the durations for each destination country, the exclusions, and the complaint procedures, please refer to the dedicated Warranty and Protections Policy, which forms an integral part of these T&C.

GASPA MACCHINE is liable for damages directly caused by its own willful or grossly negligent actions or omissions, within the limits provided for by applicable Italian and European legislation. GASPA MACCHINE's contractual liability is limited to the value of the order that generated the damage.

• Lack of conformity of the machine pre-existing delivery and not declared, within the limits of the legal guarantee.
• Damage caused by incorrect or incomplete information provided by GASPA MACCHINE during negotiations or in the product sheet.
• Non-delivery directly attributable to GASPA MACCHINE (not to the independent carrier).
• Violation of consumer rights sanctioned by Italian and European regulations.

• Damage resulting from improper use, use not in accordance with the manufacturer's instructions, or use of the machine for purposes other than those intended.
• Delays in delivery due to force majeure, natural events, strikes, roadblocks, pandemics, or other events beyond the control of GASPA MACCHINE.
• Transport damage occurring after the carrier has taken delivery of the machine, if the buyer has signed the delivery document without reservation.
• Lack of compliance of the machine with the approval, emissions, or circulation regulations of the destination country, when such regulations were known or knowable by the buyer before purchase.
• Loss of profit, loss of earnings, loss of business opportunities, or indirect damage of any nature, within the limits permitted by law.
• Defects or malfunctions resulting from unauthorized repairs, modifications, installation of non-original spare parts, or maintenance not performed according to the manufacturer's instructions.

All content published on the website gaspa-macchine.com — including, but not limited to, texts, product descriptions, photographs, images, graphics, logos, trademarks, layout, and source code — is the exclusive property of GASPA S.R.L MACCHINE or of third parties who have granted GASPA MACCHINE specific license to use, and is protected by Italian and European legislation on copyright (Law 633/1941 and subsequent amendments), trademarks, and other intellectual property rights.

• It is prohibited to copy, reproduce, distribute, modify, or reuse the website content without prior written consent from GASPA S.R.L MACCHINE.
• It is prohibited to use the logos, trademarks, or visual materials of GASPA MACCHINE for one's own commercial purposes or those of third parties.
• It is prohibited to perform automatic scraping of the website's content, prices, or product descriptions.

The product photographs in the catalog are actual photographs of the machines for sale, taken by GASPA MACCHINE. Any manufacturers' trademarks (e.g., JCB, Deutz-Fahr, etc.) mentioned in the descriptions or visible in the photographs belong to their respective owners and are mentioned solely for descriptive and identification purposes of the machine.

GASPA S.R.L MACCHINE processes purchasers' personal data in full compliance with EU Regulation 2016/679 (GDPR) and Legislative Decree 196/2003 (Privacy Code), as amended by Legislative Decree. 101/2018. The Data Controller is GASPA S.R.L MACCHINE, with registered office at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy.

• Personal and contact data (name, surname, address, e-mail, telephone): necessary for order management, shipping, and after-sales assistance.
• Tax data (tax code, VAT number): necessary for invoice issuance and tax compliance.
• Browsing data (technical cookies and, with consent, analytical cookies): for proper website functioning and anonymized aggregate statistical analysis.
• Payment data: processed exclusively by certified payment processors; GASPA MACCHINE does not store credit card data.

Each data subject has the right to: access their data, request its rectification or deletion, object to processing, request data portability, and file a complaint with the Italian Data Protection Authority (www.garanteprivacy.it). To exercise your rights, write to info@gaspa-macchine.com.

GASPA MACCHINE adopts appropriate technical and organizational measures to ensure the security of online transactions and the protection of purchasers' personal data, in compliance with Article 32 of the GDPR and e-commerce industry best practices.

• HTTPS protocol with SSL/TLS certificate: all communications between the purchaser's browser and the website are encrypted to prevent third-party interception.
• PCI DSS certified payment processors: payment data is managed exclusively by providers certified to the highest industry security standards.
• No storage of card data: GASPA MACCHINE never stores the purchaser's complete credit or debit card data on its systems.
• Strong Customer Authentication (SCA): where applicable under the PSD2 Directive (EU Directive 2015/2366), payments are subject to two-factor authentication to prevent fraud.

GASPA MACCHINE never sends e-mails requesting the entry of payment data or passwords outside the official website. If you receive suspicious communications claiming to be from GASPA MACCHINE, please report them immediately to info@gaspa-macchine.com without clicking on any links in the suspicious message.

Use of the website gaspa-macchine.com is permitted exclusively for lawful purposes, within the scope of normal catalog browsing and conclusion of purchase contracts. The purchaser undertakes to use the website correctly and responsibly.

• Providing false, inaccurate, or fraudulent information during registration or ordering (including personal data, delivery addresses, or tax data).
• Placing multiple orders with the intention of not following through (fraudulent or test orders).
• Using automated tools (bots, scrapers, crawlers) to collect data, prices, or content from the website.
• Attempting to access restricted areas of the website or GASPA MACCHINE's IT systems without authorization.
• Transmitting viruses, malware, or any other malicious code through the website.
• Reselling or transferring to third parties the rights arising from an order without prior written consent from GASPA MACCHINE.

In case of violation of these provisions, GASPA MACCHINE reserves the right to cancel the order, suspend access to the website and, where necessary, report the conduct to the competent authorities pursuant to Legislative Decree 231/2001 and Legislative Decree. 196/2003.

GASPA MACCHINE reserves the right to modify, update, or supplement these Terms and Conditions at any time, in order to adapt them to any regulatory changes, changes in its commercial policies, or operational requirements. Amendments are effective from the date of publication on the website.

In case of substantial amendments affecting purchasers' rights, GASPA MACCHINE will communicate them through a prominent notice on the website's home page and/or through e-mail notification to registered purchasers who have placed at least one order in the preceding 12 months. Amendments do not apply retroactively to orders already confirmed and in progress.

The version of the T&C applicable to each order is the one published on the website at the time of order confirmation by the purchaser. It is recommended to consult this page periodically to stay updated on the current conditions. The date of the last update is always indicated at the top of the page.

These Terms and Conditions and the sales contracts concluded through gaspa-macchine.com are governed by Italian law, in compliance with the mandatory consumer protection provisions of the legislation of the purchaser's country of residence, where more favorable to the consumer than the corresponding Italian provisions (pursuant to Article 6 of EU Regulation 593/2008 – Rome I).

For disputes involving private consumers, jurisdiction is determined in accordance with Article 66-bis of Legislative Decree 206/2005, which provides for the exclusive jurisdiction of the court of the consumer's place of residence or domicile. GASPA MACCHINE may not therefore sue a consumer except before the court of the place where the consumer resides or has elected domicile.

For disputes involving professional or business entities (B2B), the exclusive competent jurisdiction is the Court of Sassari, with application of Italian law.

International sales made by GASPA MACCHINE are subject to EU Regulation 1215/2012 (Brussels I bis) for the determination of jurisdiction in cross-border relations within the European Union. For relations with Switzerland, the Lugano Convention of 2007 on jurisdiction and the recognition of judgments applies.

In addition to the general provisions of these T&C, each purchaser benefits from the specific protections provided by the legislation of their country of residence, where more favorable than Italian law. The main applicable national provisions are set out below.

Purchasers resident in Italy are protected by Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 (Electronic Commerce), and Legislative Decree 170/2021. They have access to the ADR procedures of the Banking and Financial Ombudsman (ABF) for certain types of complaints and may avail themselves of recognized consumer associations. Disputes may be submitted to the AGCM (Italian Competition Authority) for unfair commercial practices.

Purchasers resident in Austria are protected by the Konsumentenschutzgesetz (KSchG) and the Verbrauchergewährleistungsgesetz (VGG) of 2022. They may resort to Schlichtung für Verbrauchergeschäfte (ADR body) or the Arbeiterkammer for assistance. The presumption of pre-existence of the defect is extended to 12 months from delivery as of 2022.

Purchasers resident in Finland are protected by the Kuluttajansuojalaki (Consumer Protection Act). They may contact Kuluttajaneuvonta (Consumer Advice) and the Kuluttajariitalautakunta (Consumer Disputes Board) for ADR. Available remedies include repair, replacement, price reduction, and contract termination.

Purchasers resident in France benefit from the garantie légale de conformité (Articles L217-1 et seq. of the Code de la Consommation) and the garantie des vices cachés (Articles 1641 et seq. of the Code Civil). The guarantee for hidden defects allows the consumer to take action within 2 years from discovery of the defect. For disputes, the médiateur de la consommation is available, which must be mandatorily indicated by the seller pursuant to Ordonnance no. 2015-1033.

Purchasers resident in Germany are protected by the legal guarantee (gesetzliche Gewährleistung) governed by the Bürgerliches Gesetzbuch (BGB), updated by the Kaufrechtsumsetzungsgesetz of 2022. They may contact the Allgemeine Verbraucherzentrale or the Universalschlichtungsstelle des Bundes for ADR. The presumption of pre-existence of the defect is 12 months from delivery.

Purchasers resident in the Netherlands are protected by the Burgerlijk Wetboek (BW), Boek 7. For ADR they may avail themselves of De Geschillencommissie (Disputes Committee), which offers fast and economical procedures. Available remedies include repair, replacement, price reduction, and contract termination.

Purchasers resident in Poland are protected by the Kodeks cywilny and the Ustawa o prawach konsumenta. To report unfair practices they may contact the Urząd Ochrony Konkurencji i Konsumentów (UOKiK) and for ADR the Stały Polubowny Sąd Konsumencki (Permanent Consumer Arbitration Court).

Purchasers resident in Romania are protected by OUG nr. 140/2021 and Legea nr. 449/2003. The competent authority for consumer protection is the Autoritatea Națională pentru Protecția Consumatorilor (ANPC). The legal guarantee is 2 years with presumption of pre-existence of the defect for the first 12 months from delivery.

Purchasers resident in Spain enjoy enhanced protection thanks to Real Decreto Legislativo 1/2007 (TRLGDCU), amended in 2021 to transpose EU Directive 2019/771. The legal guarantee for new goods is 3 years from delivery, with presumption of pre-existence of the defect for the first 2 years. For disputes, the Sistema Arbitral de Consumo (free or low-cost arbitration) is available.

Switzerland is not a member of the European Union. The legal guarantee is governed by the Code of Obligations (CO), Articles 197–210, with a duration of 2 years from delivery. Swiss purchasers may contact the Staatssekretariat für Wirtschaft (SECO) or national consumer protection organizations such as Konsumentenforum kf for assistance. For online purchases, the Federal Law on Distance Selling (Fernabsatzrecht) also applies.

In case of a dispute relating to a purchase made from GASPA MACCHINE, the purchaser is invited first to contact GASPA MACCHINE directly to seek an amicable solution. Our priority is customer satisfaction and we always seek to resolve disputes quickly and directly, without resorting to formal procedures.

Before initiating any formal procedure, please contact us at info@gaspa-macchine.com describing the problem in detail and attaching all relevant documentation (order number, photographs, delivery documents). We undertake to respond within 5 business days with a proposed solution.

If it is not possible to reach a direct agreement, consumers resident in the European Union have the right to avail themselves of the following procedures:

• European Commission ODR Platform: ec.europa.eu/consumers/odr — for disputes relating to cross-border online purchases.
• Italian voluntary mediation: pursuant to Legislative Decree 28/2010, through mediation bodies accredited by the Ministry of Justice.
• National ADR bodies: each EU country has accredited national bodies (see Section 20 for country-specific references).
• Equal negotiation: GASPA MACCHINE is available to participate in equal negotiation procedures promoted by recognized consumer associations.

Participation in ADR procedures is voluntary for both parties and does not prejudice the right of either party to resort to ordinary judicial proceedings at any time. For disputes not resolved through alternative means, the provisions on competent jurisdiction set out in Section 19 of these T&C apply.